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December 2010:
We have kept you informed on
possible
changes to future increases, with the use of CPI instead of RPI as a
measure of inflation. The initial scare in August was reduced by a
change of stance in November. It is now acknowledged that
there will not be "overriding" legislation to allow trust deeds to
be ignored. For IBM, that means there is still room for unsavoury
possibilities (such as claiming "Index of Retail Prices" never meant
"Retail Prices Index") and some members will lose something on future
pensions, but the worst scenario ( government rejection of the principle
that pension earned should be delivered) has been averted.
November 2010:
Although there has not
been more information, there has been some shift of stance by the DWP.
Initially they were willing to acknowledge the CPI change was about scheme
members getting less. Thus we had the Pensions Minister quote "It [CPI] is
a lower inflation rate, and it is important to be honest about that and
to be clear about that". The briefing to MP's from
the DWP wrote "we need to balance protecting pensioner's incomes with the
need to ensure that schemes remain viable". Over the months, that
stance has changed to pretending the liability savings are merely a consequence
of choosing the most "appropriate" measure of inflation. Thus we
have this dissembling from the Work and Pensions Minister (the boss of the
Pensions Minister): “At cost of living are they [pensioners] losing?
No. The CPI calculates the cost of living in a much more reasonable way”.
The view of
professionals is that the change is "all about money". ( Slide25)
The reasons for the Ministerial change of stance may be:
a) The proposed change
has not been as well received by employers as the DWP hoped. Although it
would mean a big reduction in liabilities, maybe
£120 billion nationally, that
isn't the primary concern for many CEOs since the cost saving is spread over a
long future and the CEO expects to be in a different job by then. The
bigger immediate CEO concern is that final salary scheme pension liabilities
appear on company accounts and are unstable because returns on the fund's
investments are unstable. That prevents company accounts giving the
impression that the CEO has everything under control with a smooth progression
for the company. A change to CPI reduces the liabilities but does not do a
lot to make them more stable.
b) The proposed change
has not been as well received by trustees as the DWP hoped. Although in
theory using CPI for everything would be a simplification, it does not work out
that way. When new arrangements are introduced it is always likely that
some scheme members will stay on the old arrangements. (In the IBM case we
see this particularly with the I-Plan). So trustees have to implement both
old and new variations.
Also trustees could be
faced with having the power to adopt CPI but searching for a reason to adopt
something so damaging to the scheme members.
c) The proposed change
is not a good fit to legal opinion. It comes up against the legal
equivalent of the common sense view "Surely what I earned as future pension was
well defined when I earned it, and cannot be changed later?"
d) The newspapers have
been critical, e.g. front page banner "Pensions Cut Will Hammer Millions" in the
Daily Express.
In short, there is now
more reason to believe the worst scenarios will not happen, even though some
damage to pensions received in future is inevitable (for deferreds in
particular).
July 2010:
Newsletters
33,
35, and
38 have information on measures of
inflation.
The Retail Prices Index is
currently by far the most used in pensions calculations. The
government intends (from 2011) to make the Consumer Prices Index
predominant, and the effect will be to lower some pension increases.
Steve Webb, the Pensions Minister, said on Money Box: "It [CPI] is
a lower inflation rate, and it is important to be honest about that and
to be clear about that".
Neither RPI nor CPI is readily
predictable, but there are
technical reasons why the CPI will continue to be some 0.5% less
than RPI. Taken over a retirement lifetime this might aggregate to
some 10%. So not particularly quick or dramatic, but
significant. (A few percent cost difference makes a
difference of millions of dollars for a scheme of IBM's size). In
many cases RPI increases are capped - Limited Prices Indexation.
When both RPI and CPI are higher than the cap it won't make any
difference which is used. If you expect high inflation then you
will be expecting your pension to lose a lot of value, but not because
of CPI replacing RPI. Obviously, predicting inflation over pension
timescales is difficult. (In outline, the case for expecting high
inflation goes as follows. Inflation helps those with debts at the
expense of those with savings, because the value of a fixed amount goes
down. Governments have taken on massive debts. Hence
governments will look kindly on inflation. In outline, the case
for expecting low inflation is that consumers unwilling/unable to pay
higher prices will hold inflation down.)
You might reasonably ask "How can
they do that - surely what I earned as future pension was well defined
when I earned it, and cannot be changed later?" That used to
be the prevailing view.
Before the election, Steve Webb
for the LibDems said
“We are clear that accrued
rights should be honoured: a pension promise made should be a pension
promise kept. Therefore we would not make any changes to pension rights
that have already been built up. I have confirmed that I regard accrued
indexation rights as protected.”
Before the
election, Philip
Hammond said on behalf of the Conservatives "Indexation of pensions
in payment is an established part of pensions legislation." "We
agree with the view that the right to indexation of pensions already
accrued is part of the accrued pension rights and those rights will be
protected."
The change of inflation measure
is proposed both for public and private sectors. These are
different issues. The cost saving for public sector schemes has direct
effect on the national debt. It is possible to reason that the
magnitude of the national debt makes retrospective legislation (breaking
promises) necessary.
The cost saving for private sector
occupational pensions has direct effect on profits. The national
debt reason does not apply. In fact, for the private sector, we do
not know yet whether there will be retrospective legislation.
The Department of Work and Pensions says it is being considered.
Here is AMIPP's letter to Steve Webb on the
subject.
IBMers will care about what will
happen for our schemes. The Regulator has suggested trustees
should "give serious consideration to an interim communication, to
assist members who may be faced with decisions on transfers or
retirement planning, or may be concerned about press coverage".
The
message our trust has given does not assist any member, and may have
raised concerns.
If there is retrospective
legislation (known in the pensions world as "an override of Section 67")
then we can expect IBM to take advantage of it. Although the
legislation will not force increases to be lower, it will allow it.
With the trust funding level so low, the trustees would not have much of
a case for keeping existing rules.
If there is no retrospective
legislation:
- Lower increases associated with
pension earned in the future will be allowed. However, since our
schemes are being closed to future accruals soon, this will not have
much effect.
- The calculations for the
Guaranteed Minimum Pension increase will change. (Since that was never
directly linked to the RPI.)
- Other increases will depend on
the interpretation of the deeds, and where that is not clear on
interpreting what scheme members were told and what trustees intended.
It is too soon to go into detail on this but the key areas will be (a)
pensions in deferment, (b) pension earned after 6 April 1997, (c)
pension earned before that date. For schemes nationally, research
has shown that some 6/7ths have deeds that allow CPI for (a) and 2/5ths
have deeds that allow CPI for (b). Area (c) is a special
trustee&IBM deal, with no national equivalent. AVCs that were
converted to pension are another special deal and you may have paperwork
explicitly referring to RPI.
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