Several thousand high-earning savers could be in line for compensation after a landmark High Court judgment that Pension Protection Fund (PPF) rules amount to age discrimination.
The dispute centres on the retirement incomes paid by the PPF, the industry lifeboat scheme, to members of defined-benefit pension schemes when their employers go bust. The PPF guarantees that members who have reached retirement age and begun drawing their pension will not lose any benefits. But for those yet to reach retirement age, there is a cap on the payout: around £41,400 for savers aged 65.
A dramatic impact
Since most pensions do not exceed this cap, few people are affected. But for higher earners with substantial pension entitlements, the effect can be dramatic. In one case considered by the High Court, a pilot saw his expected pension fall by 75% from £66,000 a year to just £17,000. Now, however, the High Court has ruled the PPF cannot legally apply a cap to younger savers that older savers do not face. So savers whose benefits transferred to the PPF before they reached the normal pension age for their scheme should now receive their pension entitlement with no cap applied. Savers hit by the cap who have already begun receiving smaller pensions will be entitled to back payments of the income they have missed out on – although these will be limited to six years’ benefits.
Subscribe to MoneyWeek
Subscribe to MoneyWeek today and get your first six magazine issues absolutely FREE
Sign up to Money Morning
Don't miss the latest investment and personal finances news, market analysis, plus money-saving tips with our free twice-daily newsletter
Don't miss the latest investment and personal finances news, market analysis, plus money-saving tips with our free twice-daily newsletter
The judgment won’t be implemented straight away, with the PPF and the Department for Work and Pensions considering an appeal. The PPF believes the ruling will cost it around £240m. It could also prompt further claims from PPF members unhappy about another age-related rule. Anyone transferring to the PPF before their scheme’s retirement age only receives 90% of their expected pension, irrespective of the size of their entitlement. A challenge to the 90% limit – not considered by the High Court in this case – on age-discrimination grounds could prove even more expensive for the PPF. It could lead to increased benefits for everyone who has transferred to the scheme before reaching their scheme pension age – more than 100,000 savers.
One other issue is high earners who transferred out of their pension scheme because they were worried their employer might go bust and their PPF benefits would be capped. The Financial Conduct Authority, the City regulator, says independent financial advisers should not base advice to savers on the possible insolvency of their employer or the PPF limits. Savers may now be able to bring a case against their adviser if they suggested transferring for this reason.
-
What will the unravelling of US-China trade mean for the economy?What will a US-China decoupling mean for the global economy?
-
Scottish Mortgage: why we’re turning to private companies and China for exceptional returnsWhen it comes to delivering growth, Scottish Mortgage will stop at no end in its hunt for exceptional long-term returns - this includes China, unicorn companies and sectors such as space exploration
-
Flex first, fix later: a hybrid retirement strategy to considerYou needn’t choose between income drawdown and an annuity in retirement. What is a “flex first, fix later” approach?
-
A new wealth tax is a terrible idea. The rich are already being hit by sneaky taxes – Merryn Somerset WebbOpinion Ideologues want to squeeze more tax out of the rich with a wealth tax. They’re already wrung dry, says Merryn Somerset Webb
-
Has your pension plunged in stock market turmoil? How to avoid creating real shortfallsSliding stock markets are no reason to sell out of your pension in a panic, says David Prosser
-
Pensions revolution: how to profit from the trends shaping the UK pension systemThe UK pension system is one of the biggest in the world. Big changes are under way, says Rupert Hargreaves
-
What MoneyWeek writers read and watched in 2024Here's a roundup of MoneyWeek's favourite books, films and TV shows in 2024
-
Parents face £1,000 'nanny tax' – how to afford itHiring a nanny is about to become even more of an expensive hassle for families, especially those in London. Here's how to cut costs
-
Is it cheaper to be a sole trader?It might be cheaper to be a sole trader due to changes to the tax system
-
Should you switch your pension fund?Many pension fund options are poor performers, thanks partly to high charges. Is it worth switching?
