The Pension System's Self-Inflicted Wound

In 1991, Robert Maxwell's ill-advised foray into the Sea caused a ripple effect that would contribute to the decline of better company pension schemes. Subsequent legislation, including the Minimum Funding Requirement, would further overregulate the industry, leading to a landscape where employers are hesitant to provide final salary pension schemes. The Labour government's 2004 reforms made trustees unsecured creditors of employers, adding to the regulatory burden.

Key Takeaways:

  • The introduction of the Minimum Funding Requirement in 1995 led to overregulation of the industry, paving the way for solvency standards that are "scrupulously overengineered".
  • The Labour government's 2004 reforms made trustees unsecured creditors of employers, leading to a decrease in final salary pension schemes.
  • Employers are increasingly hesitant to provide final salary pension schemes due to overregulation, resulting in a landscape where existing members are being shut out of these schemes.
  • The protective regime introduced last year is triggering the closure of cash-strapped employers, resulting in unintended consequences such as damaged confidence among suppliers and customers.
  • The Pension Protection Fund, a new safety net for scheme members, faces a potential solvency crisis in the next decade due to a decrease in companies paying its levy.
  • The government-sponsored report by Lord Turner recommends minor changes, including compulsory pension contributions of 3 per cent from employers.
  • The National Association of Pension Funds director, Robin Ellison, notes that the UK has "the best-regulated pension system that no one can afford".
  • The trend of employers closing or shutting down final salary pension schemes is on the rise, with an example being Caparo, which shut down a subsidiary due to a £36m pension fund deficit.
  • The court has placed a company into administration at the request of pension trustees seeking to protect its assets from trading losses, a new precedent.