fam law assoc pres
TRANSCRIPT
Budget 2011
www.hannanfinancial.ie
George Hannan t/a Hannan Financial is regulated by the Central Bank of Ireland
and Pensions Issues
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George Hannan BComm QFA
Equipped to deliver the service:
General Pensions
Business
Family Pension Assets
Testimonials
UK CII IFA since 2001
QFA bridge since 2006
HF Authorised & PI late 2009
LIA, PIBA, ongoing CPD
Tech, marketing, managerial: c.20yrs
Commercial & Technical qualifications
Exising clients
Life Office Specialists
Rel. Literature in public domain
Law Society guides
Expert publications (ie G Shannon & Pensions Board)
Based on work already done
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• Finance Bill 2011 - pension & PAO issues
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• Non-member options re PAO’s
• PAO’s, effect of changed member circumstances
• DB schemes – some issues
• role of specialist pensions input
We’ll look at:
Principal Changes
Relevant Earnings cap reduced to €115k
Tax free lump sum capped at €200k
Standard Fund Threshold reduced to €2.3m
Abolition of employee PRSI & HL relief
Approved Retirement Fund (ARF) rules adjusted
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Earnings Cap Reduction
Cap reduced from €150k to €115k
Works in conj. with age related % limits
Greater effect on professional & self empl.
Less so on employed & middle income
Some effects: PAO’s & AVC’s
see worked examples
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Age Related Limits
<30 15%
30-39 20%
40-49 25%
50-54 30%
55-60 35%
>60 40%
Pension Adjustment Order
Married, age 30 & €10,000 pa DC scheme
Term 35y, Avg growth 6%, Projected fund c. €1.11M
Age, say, 48 Fund c. €300,000
Now: say Jud Sep / Div PAO
Period: first 18 yrs & Percentage: 50% say
Mem fund now effectively: €150k at age 48
Without further contribs, should become c. €400k at 65, or,
continuing €10k pa for next 17y, should become c. €680k
drop of c. €420k or 38% 6
Example
Earnings Cap Reduction
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Age Related Limits
<30 15%
30-39 20%
40-49 25%
50-54 30%
55-60 35%
>60 40%
Example150K 115K
Tax-Free Lump Sum
Capped at €200k& bal up to €575k at 20%
Potentially affects:
Employees with sal >€133k pa & 20y or more service, &
Prof / Self Emp. with fund value more than €800k
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Note: better to take lump sum between €200k and €575k & pay 20%, than take as income due to PRSI/USC if taken as income.
Potential PAO issues:
Tax-Free Lump Sum
DC fund of €1M, split 50/50 by PAOMember €500k, non-Member €500kRevenue Rule: TFLS 25% of fund, ie €125k per party
below limit? NO!
€200k limit on plan, above €100k taxed at 20%
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PAO Example:
and:
any other TFLS taken after Dec ’05 counts
Note: any Interest Only Pension Mortgages?
Standard Fund Threshold
Even the new lower target is still ambitious for most
Limit applies before any PAO designated benefits are paid
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Reduced from €5.4M to €2.3M
except: where higher PFT applies
PRSI, etc
Employee: PRSI & HL relief abolished on contribs
Prof / Self Empl: never had these
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PAO issues:
more expensive for employee member to rebuild fund
ARF Option ExtensionARF options now apply to:
- all DC schemes as well as- private pension arrangements and- AVC arrangements
Minimum Guaranteed Pension increased to €18k paAMRF fund increased to c. €120kIn reality, limits AFR/taxable cash options to large funds
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PAO issues (some still to be clarified):
options & limits apply to each individual
more flexibility for non-member
avoids annuity capital forfeiture on deathExample:
ARF Option Example
DC fund €400k, say split 50/50 through PAOnon-member, only State pension at €12k pa
- Takes €50k tax free lump sum- Puts €120k into AMRF (converts to AFR at age 75)
draws interest / growth from AMRF as income- Puts €30k into AFR, with 5% deemed distribution- & Consider PRSA/PRB if income not needed
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Tick 1
• Finance Bill 2011 issues
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• Non-member options re PAO’s
• effect of changed member circumstances
• DB schemes – some issues
• role of specialist pensions input
PAO’s - Non-Member Options
Designated Retirement Benefit on DB Scheme- decision at non-member’s sole discretion
(except where member leaves scheme)- leave designated benefit combined with member benefit- create independent entitlement in member’s scheme- split entitlement out into another scheme or pension vehicle
Issues:- DB schemes no longer considered risk-free- benefits include legal trust, funding obligations, generally lower costs, etc- current transfer values heavily discounted- dependency on member decisions 15
PAO’s - Non-Member Options
Designated Retirement Benefit on DC Scheme- decision at trustees’ sole discretion- normally transfer out- into another scheme or pension vehicle
Issues:- more straightforward- investment risk choice at non-member discretion- independent of member decisions- fund & transfer value transparent
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PAO’s - Non-Member Options
Designated Contingent Benefit (DIS), DB or DC Scheme- apply within 12 months of decree date- no variations- lapses on remarriage of non-member- lapses if member leaves scheme- lapses on member retirement
Issues:- limited benefit
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Changed Member Circumstances
Changed Member Circumstances- DB scheme member?- early retirement with employer’s consent (or late?)- ill health early retirement- redundancy
Potential Effects on Non-Member- remove any independent benefit or transfer options- compromise actual entitlements- change time frame of entitlements
Suggested Non-Member Strategy- remain alert & informed re member & employer- consider transfer out ahead of likely pivotal events- take professional advice 18
Member – Measures to Rebuild:
Professional / Self Employed- Avail of existing limits- Incorporate where possible (consultants: special situation)
benefit from larger employer contributions
Employed- Avail of limits (AVC’s)- Key employees: special employer contributions)
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Topical Issues – DB Schemes
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c. 80% DBS’s closed or closing to new members (Oct ’10)
> 70% now in deficit ref min funding standard (excl. PSS)
Some Issues for DB Schemes:
funding proposals
vastly increased life expectancy
inbuilt rules, harshest being statutory escalation of benefits
affordability for employers (cost / competitiveness)
investment performance
onerous trusteeship & admin regulations
DBS Issues / Risks – PAO’s
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Currently, Transfer Values very low
Risk: Scheme poss. unable to fulfill promises at retirement date
Risk: Possible reduction in benefits at retirement date
Risk: Change of member plans / circumstances
Funding Proposals
Remain alert & informed (re member & employer)
Pensions Specialist - Role
• Pensions – Professional Risks alleviated• Convenience of a Packaged Service:
Experienced, qualified, insured Summary Info straight into FLCB / AOM Single point of contact re pensions Regular Updates on case progress Reduced emotives
• Focus on legal outcome• Quicker case turn-around & paperwork saving• Defined fee structure
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As Outsourced Service: