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COBS 19.1 Pension transfers, conversions, and opt-outs5

Application

COBS 19.1.-1 R

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COBS 19.1.-1A R

7This section applies to a firm which gives advice on pension transfers, pension conversions and pension opt-outs to a retail client in relation to:

  1. (1)

    a pension transfer from a scheme with safeguarded benefits;

  2. (2)

    a pension conversion; or

  1. (3)

    a pension opt-out from a scheme with safeguarded benefits or potential safeguarded benefits.

COBS 19.1.-1B G

7A firm should comply with this section in order to give appropriate independent advice for the purposes of section 48 of the Pension Schemes Act 2015.

Definitions

COBS 19.1.1-A R

7In this section and in COBS 19 Annex 4A, 4B and 4C:

  1. (a)

    “appropriate pension transfer analysis” refers to the analysis prepared in accordance with COBS 19.1.2BR;

  2. (b)

    “ceding arrangement” refers to the retail client’s existing pension arrangement with safeguarded benefits;

  3. (c)

    “future income benefits” refers to the full value of the pension income that would have been paid by the ceding arrangement (that is, before any commutation for a lump sum);

  4. (d)

    “proposed arrangement” refers to the arrangement with flexible benefits to which the retail client would move and takes into account the subsequent intended pattern of decumulation;

  5. (e)

    “transfer value comparator” refers to a comparison prepared in accordance with COBS 19.1.3AR.

COBS 19.1.1 R RP

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Requirement for pension transfer specialist

COBS 19.1.1A R
  1. (1)

    7A firm must ensure that advice on pension transfers, pension conversions and pension opt-outs is given or checked by a pension transfer specialist.

  2. (2)

    The requirement in (1) does not apply where the only safeguarded benefit involved is a guaranteed annuity rate.

Role of the pension transfer specialist when checking

COBS 19.1.1B G

7When a firm uses a pension transfer specialist to check its proposed advice on pension transfers, pension conversions and pension opt-outs, it should ensure that the pension transfer specialist takes the following steps:

  1. (1)

    checks the entirety and completeness of the advice;

  2. (2)

    confirms that any personal recommendation is suitable for the retail client in accordance with the obligations in COBS 9.2.1R to 9.2.3R and including those matters set out at COBS 19.1.6G; and

  3. (3)

    confirms in writing that they agree with the proposed advice before it is provided to the retail client, including any personal recommendation.

Personal recommendation for pension transfers and conversions

COBS 19.1.1C R
  1. (1)

    7A firm must make a personal recommendation when it provides advice on conversion or transfer of pension benefits.

  2. (2)

    Before making the personal recommendation the firm must:

    1. (a)

      determine the proposed arrangement with flexible benefits to which the retail client would move; and

    2. (b)

      carry out the appropriate pension transfer analysis and produce the transfer value comparator7.

  3. (3)

    The requirement in (2)(b) does not apply if the only safeguarded benefit involved is a guaranteed annuity rate7.

  4. (4)

    The firm must take reasonable steps to ensure that the retail client understands how the key outcomes from the appropriate pension transfer analysis and the transfer value comparator contribute towards the personal recommendation.7

COBS 19.1.1D G

7 COBS 9 contains suitability requirements which apply if a firm makes a personal recommendation in relation to advice on conversion or transfer of pension benefits.

Appropriate pension transfer analysis

COBS 19.1.2 R RP

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COBS 19.1.2A R RP

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COBS 19.1.2B R

7To prepare an appropriate transfer analysis a firm must:

  1. (1)

    assess the benefits likely to be paid and options available under the ceding arrangement;

  2. (2)

    compare (1) with those benefits and options available under the proposed arrangement; and

  3. (3)

    undertake the analysis in (1) and (2) in accordance with COBS 19 Annex 4A and COBS 19 Annex 4C.

COBS 19.1.2C R

7 COBS 19.1.1-AR and COBS 19.1.2BR do not preclude a firm from preparing other forms of the analysis (for example, stochastic cashflow modelling) which are relevant to making a personal recommendation to the retail client, as long as projected outcomes at the 50th percentile are no less conservative than if the analysis had been prepared in accordance with COBS 19 Annex 4A and COBS 19 Annex 4C.

COBS 19.1.2D G
  1. (1)

    7This guidance applies if a firm presents information in the appropriate pension transfer analysis which considers the impact of:

    1. (a)

      the Pension Protection Fund and the FSCS; or

    2. (b)

      scheme funding or employer covenants.

  2. (2)

    If a firm presents the information in (1) it should, in accordance with Principle 7 and the fair, clear and not misleading rule, do so in a way that is balanced and objective.

  3. (3)

    If a firm does not have specialist knowledge in assessing the impact of (1)(a) or 1(b), it should consider not including the information.

COBS 19.1.2E G
  1. (1)

    7This guidance applies if a firm presents information in the appropriate pension transfer analysis:

    1. (a)

      that contains an indication of future performance; and

    2. (b)

      is produced by a financial planning tool or cash flow model that uses different assumptions to those shown in the key features illustration for the proposed arrangement.

  2. (2)

    A firm presenting the information in (1) should explain to the retail client why different assumptions produce different illustrative financial outcomes.

COBS 19.1.3 G RP

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Transfer value comparator

COBS 19.1.3A R
  1. (1)

    7To prepare a transfer value comparator, a firm must compare the transfer value offered by the ceding arrangement with the estimated value needed today to purchase the future income benefits available under the ceding arrangement using a pension annuity (calculated in accordance with COBS 19 Annex 4B and COBS 19 Annex 4C).

  2. (2)

    The firm must provide the transfer value comparator to the retail client in a durable medium using the format and wording in COBS 19 Annex 5 and:

    1. (a)

      where the retail client has 12 months or more before reaching normal retirement age, use the notes set out at COBS 19 Annex 5 1.2R; or

    2. (b)

      where the retail client has less than 12 months before reaching normal retirement age, use the notes set out at COBS 19 Annex 5 1.3R.

COBS 19.1.4 R RP

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COBS 19.1.4A E RP

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COBS 19.1.4B R RP

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COBS 19.1.5 R RP

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Guidance on assessing suitability

COBS 19.1.6 G RP
  1. (1)

    The guidance in this section relates to the obligations to assess suitability in COBS 9.2.1R to 9.2.3R.7

  2. (2)

    When a firm is making a personal recommendation for a retail client who is, or is eligible to be, a member of a pension scheme with safeguarded benefits and who is considering whether to transfer, convert or opt-out, a firm should start by assuming that a transfer, conversion or opt-out will not be suitable.7

  3. (3)

    A firm should only consider a transfer, conversion or opt-out to be suitable if it can clearly demonstrate, on contemporary evidence, that the transfer, conversion or opt-out is in the retail client’s best interests.7

  4. (4)

    To demonstrate (3), the factors a firm should take into account include:7

    1. (a)

      the retail client’s intentions for accessing pension benefits;7

    2. (b)

      the retail client’s attitude to, and understanding of the risk of giving up safeguarded benefits (or potential safeguarded benefits) for flexible benefits, taking into account the following factors:9

      7
      1. (i)

        9the risks and benefits of staying in the ceding arrangement;

      2. (ii)

        9the risks and benefits of transferring into an arrangement with flexible benefits;

      3. (iii)

        9the retail client’s attitude to certainty of income in retirement;

      4. (iv)

        9whether the retail client would be likely to access funds in an arrangement with flexible benefits in an unplanned way;

      5. (v)

        9the likely impact of (iv) on the sustainability of the funds over time;

      6. (vi)

        9the retail client’s attitude to and experience of managing investments or paying for advice on investments so long as the funds last; and

      7. (vii)

        9the retail client’s attitude to any restrictions on their ability to access funds in the ceding arrangement;

    3. (c)

      the retail client’s attitude to, and understanding of investment risk;7

    4. (d)

      the retail client’s realistic retirement income needs including:7

      1. (i)

        how they can be achieved; 7

      2. (ii)

        the role played by safeguarded benefits (or potential safeguarded benefits) in achieving them; and 7

      3. (iii)

        the consequent impact on those needs of a transfer, conversion or opt-out, including any trade-offs; and7

    5. (e)

      alternative ways to achieve the retail client’s objectives instead of the transfer, conversion or opt-out.7

  5. (5)

    9If a firm uses a risk profiling tool or software to assess a retail client’s attitude to the risk in (4)(b) it should:

    1. (a)

      check whether the tool or software is capable of taking into account at least those factors listed in (4)(b)(i) to (vii); and

    2. (b)

      ensure that those factors which are not included are factored into the firm’s assessment of the client’s attitude to risk.

  6. (6)

    9When a firm asks questions about a retail client’s attitude to the risk in 4(b) it should consider the rules on communicating with clients (COBS 4), which require a firm to ensure that a communication is fair, clear and not misleading.

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Working with another adviser

COBS 19.1.6A G
  1. (1)

    9This guidance relates to the obligations to assess suitability in COBS 9.2.1R to 9.2.3R.

  2. (2)

    Paragraphs (3) and (4) apply in the following situations:

    1. (a)

      where two or more firms are involved in providing both advice on pension transfers, pension conversions and pension opt-outs and advice on investments in relation to the same transaction; and

    2. (b)

      where two or more employees within the same firm are involved in providing both advice on pension transfers, pension conversions and pension opt-outs and advice on investments in relation to the same transaction.

  3. (3)

    In such situations, firms should work together (or ensure their employees work together) to:

    1. (a)

      obtain information from the retail client under COBS 9.2.2R(1) that is sufficient to inform both the advice on pension transfers, pension conversions and pension opt-outs and the advice on investments; and

    2. (b)

      obtain information from the retail client under COBS 9.2.2R(2) about the client’s preferences regarding risk taking and their risk profile that covers both the risk in COBS 19.1.6R(4)(b) and the risk in COBS 19.1.6R(4)(c).

  4. (4)

    In such situations, the firm(s) providing the advice on investments in relation to the proposed transaction should ensure that (where relevant) the advice takes into account the impact of any loss of safeguarded benefits (or potentially safeguarded benefits) on the retail client’s ability to take on investment risk.

COBS 19.1.7 G RP

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COBS 19.1.7A G RP

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COBS 19.1.7B G RP

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Record keeping and suitability reports

COBS 19.1.7C R

7If a firm arranges a pension transfer or pension opt-out for a retail client without making a personal recommendation it must:

  1. (1)

    make a clear record of the fact that no personal recommendation was given to that client; and

  2. (2)

    retain this record indefinitely.

COBS 19.1.8 G RP

If a firm provides a suitability report to a retail client in accordance with COBS 9.4.1R7 it should include:

  1. (1)

    a summary of the advantages and disadvantages of its personal recommendation;

  2. (2)

    an analysis of the financial implications (if the recommendation is to opt-out); 7

  3. (2A)

    a summary of the key outcomes from the appropriate pension transfer analysis (if the recommendation is to transfer or convert); and7

  4. (3)

    a summary of any other material information.

COBS 19.1.9 G RP

If a firm proposes to advise a retail client not to proceed with a9pension opt-out, it should give that advice in writing.

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The statutory advice requirement

COBS 19.1.10 G RP
  1. (1)

    9Where a firm has advised a retail client in relation to a pension transfer or pension conversion and the firm is asked to confirm this for the purposes of section 48 of the Pension Schemes Act 2015, then the firm should provide such confirmation as soon as reasonably practicable.

  2. (2)

    9The firm should provide the confirmation regardless of whether it advised the client to proceed with a pension transfer or pension conversion or not.

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Triage services

COBS 19.1.11 G

9The table in PERG 12 Annex 1G includes examples of when a firm is and is not advising on conversion or transfer of pension benefits when it has an initial “triage” conversation with a potential customer. The purpose of triage is to give the customer sufficient information about safeguarded benefits and flexible benefits to enable them to make a decision about whether to take advice on conversion or transfer of pension benefits.

COBS 19.2 Personal pensions, FSAVCs and AVCs

Financial promotions

COBS 19.2.1 G RP

A financial promotion for1 a 1FSAVC should contain a prominent warning that, as an alternative1 an AVC arrangement 1exists, and that details can be obtained from the scheme administrator (if that is the case).1

Suitability

COBS 19.2.2 R RP

When a firm prepares a suitability report it must:

  1. (1)

    (in the case of a personal pension scheme), explain why it considers the personal pension scheme to be at least as suitable as a stakeholder pension scheme; and

  2. (2)

    (in the case of a personal pension scheme, stakeholder pension scheme or2FSAVC) explain why it considers the personal pension scheme, stakeholder pension scheme or2FSAVC to be at least as suitable as any facility to make additional contributions to an occupational pension scheme, group personal pension scheme or group stakeholder pension scheme23 which is available to the retail client.

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COBS 19.2.3 R RP

When a firm promotes a personal pension scheme, including a group personal pension scheme, to a group of employees it must:

  1. (1)

    be satisfied on reasonable grounds that the scheme is likely to be at least as suitable for the majority of the employees as a stakeholder pension scheme; and

  2. (2)

    record why it thinks the promotion is justified.

Attachment (or earmarking) orders

COBS 19.2.4 G RP

4A firm should take into account the existence of any attachment (or earmarking) orders in respect of a client’spersonal pension scheme or stakeholder pension scheme.

COBS 19.2.5 G RP
  1. (1)

    4An operator should ensure that it is aware of, and acts fully in accordance with, any attachment or earmarking orders made in respect of any members of that scheme by a court.

  2. (2)

    In particular, an operator should be mindful of its obligations under an attachment order to give notices to other parties, including transferee operators and relevant former spouses, where relevant events occur, such as transfers and significant reductions in benefits.

  3. (3)

    A firm, when advising a client in relation to a personal pension scheme or stakeholder pension scheme, or in relation to a pension transfer or pension conversion, should enquire as to whether an attachment order exists and take it into account accordingly.

COBS 19.3 Product disclosure to members of occupational pension schemes

COBS 19.3.1 R RP
  1. (1)

    When a firm sells, personally recommends or arranges1 the payment of an AVC contribution by a member of an occupational pension scheme to be secured by a packaged product purchased by the scheme trustees, it must give the trustees sufficient information to pass to the relevant member for that member to be able to make informed comparisons between the AVC and any alternative personal pension schemes and stakeholder pension schemes available.1

  2. (2)

    This rule applies to an AVC where members' benefits are linked to the earmarked segments of a life policy or scheme, but it does not apply to an AVC where the trustees make pooled investments and have their own arrangements for allocating investment returns to determine members' AVC benefits.

COBS 19.4 Open market options

Definitions3

COBS 19.4.1 R RP

4In this section:

  1. (1)

    'fact sheet' means the Money Advice Service fact sheet "Your pension: it's time to choose" available on www.moneyadviceservice.org.uk or a statement provided by a firm that gives materially the same information;

  2. (2)

    'intended retirement date' means:

    1. (a)

      the date (according to the most recent recorded information available to the provider) when the scheme member intends to retire, or to bring the benefits in the scheme into payment, whichever is the earlier; or

    2. (b)

      if there is no such date, the scheme member's state pension age;

  3. (3)

    'open market options' means the options available to a scheme member to access their pension savings on the open market;

  4. (4)

    'open market options statement' means the information specified in COBS 19.4.6R, provided in a durable medium, to assist the retail client to make an informed decision about their open market options;

  5. (5)

    'pension decumulation product' is a product used to access pension savings and includes:

    1. (a)

      a facility to enable a retail client to make an uncrystallised funds pension lump sum payment;

    2. (b)

      an option to take a small lump sum payment;

    3. (c)

      a drawdown pension; and

    4. (d)

      a pension annuity;

  6. (6)

    'pension savings' is the proceeds of the retail client'spersonal pension scheme, stakeholder pension scheme, FSAVC, retirement annuity contract or pension buy-out contract;

  7. (7)

    'reminder' is the requirement in COBS 19.4.9R to remind the retail client about the open market options statement; and

  8. (8)

    'signpost' is the requirement in COBS 19.4.16R to provide a written or oral statement encouraging a retail client to use pensions guidance or to take regulated advice to understand their options at retirement.

Application 3

COBS 19.4.2 R RP
COBS 19.4.3 G RP

4This section specifies the circumstances where a firm must:

  1. (1)

    provide a retail client with an open market options statement;

  2. (2)

    signpost pensions guidance;

  3. (3)

    provide information to enable a retail client to make an informed decision about how to access their pension savings at their intended retirement date and beyond; and

  4. (4)

    remind a retail client about their open market options.

Purpose

COBS 19.4.4 G RP

4The purpose of this section is to ensure that firms provide retail clients with timely, relevant and adequate information:

  1. (1)

    to enable them to make an informed decision about their options for accessing pension savings at their intended retirement date and beyond; and

  2. (2)

    to encourage them to shop around.

Open market options statement

When?

COBS 19.4.5 R RP
  1. (1)

    4A firm must give a retail client an open market options statement:

    1. (a)

      if the client asks a firm for a retirement quotation more than four months before the client’s intended retirement date;

    2. (b)

      if a firm does not receive such a request for a retirement quotation, between four and six months before the client’s intended retirement date; or

    3. (c)

      if a retail client with open market options tells a firm that he or she is considering, or has decided:

      1. (i)

        to discontinue an income withdrawal arrangement; or

      2. (ii)

        to take a further sum of money from his or her pension to exercise open market options;

      unless the firm has given the client such a statement in the last 12 months.

  2. (2)

    If after taking reasonable steps to comply with the requirement in COBS 19.4.5R (1) (b) a firm has been unable to provide a retail client with an open market options statement the firm must provide the statement in good time before it sells a pension decumulation product to the client.

Contents

COBS 19.4.6 R RP

4An open market options statement must include:

  1. (1)

    the Money Advice Service fact sheet "Your pension: it's time to choose" available on www.moneyadviceservice.org.uk or a statement provided by a firm that gives materially the same information;

  2. (2)

    a summary of the retail client's open market options, which is sufficient for the client to be able to make an informed decision about whether to exercise, or to decline to exercise, open market options;

  3. (3)

    information about the retail client'spersonal pension scheme, stakeholder pension scheme, FSAVC, retirement annuity contract or pension buy-out contract provided by the firm, including:

    1. (a)

      the sum of money that will be available to exercise open market options;

    2. (b)

      whether any guarantees apply and, if so, information about how the guarantees work;

    3. (c)

      any other relevant special features, restrictions, or conditions that apply, such as (for with-profits funds) any market value reduction conditions in place; and

    4. (d)

      any other information relevant to the exercise of the retail client's open market options; and

  4. (4)

    a clear and prominent statement about the availability of the pensions guidance including:

    1. (a)

      how to access the pensions guidance and its contact details;

    2. (b)

      that pensions guidance can be accessed on the internet, telephone, or face to face;

    3. (c)

      that the pensions guidance is a free impartial service to help consumers to understand their options at retirement; and

    4. (d)

      a recommendation that the client seeks appropriate guidance or advice to understand their options at retirement.

COBS 19.4.7 G RP

4For the purpose of COBS 19.4.6R(1) where a firm provides its own statement as the fact sheet, it should include materially the same information in the Money Advice Service fact sheet about:

  1. (1)

    the following options for accessing pensions savings, even if they are not offered by the firm:

    1. (a)

      pension annuity;

    2. (b)

      drawdown pension; and

    3. (c)

      uncrystallised funds pension lump sum payments;

  2. (2)

    the main features, benefits and risk factors relevant to the options for accessing pensions savings, such as:

    1. (a)

      tax implications;

    2. (b)

      what happens in the event of the client’s death;

    3. (c)

      the loss of any guarantees;

    4. (d)

      the client’s state of health;

    5. (e)

      the client’s lifestyle choices;

    6. (f)

      whether the client is married or has dependants; and

    7. (g)

      sustainability of income over time;

  3. (3)

    how to access financial advice and information about the different ways in which the client might be able to access their pension savings;

  4. (4)

    the availability of free, impartial guidance from the pensions guidance; and

  5. (5)

    the client’s option to shop around, with an explanation of how they may do so.

COBS 19.4.8 R RP

4An open market options statement must not include an application form for a pension decumulation product.

Reminder

COBS 19.4.9 R RP

4At least six weeks before the retail client’s intended retirement date the firm must:

  1. (1)

    remind the client about the open market options statement;

  2. (2)

    tell the client what sum of money will be available to exercise open market options;

  3. (3)

    remind the client about the availability of the pensions guidance; and

  4. (4)

    recommend that the client seeks appropriate guidance or advice to understand their options at retirement.

COBS 19.4.10 R RP

4The reminder must not include an application form for a pension decumulation product.

Key features illustrations

COBS 19.4.11 R RP

4A firm must not provide a key features illustration to a retail client for a pension decumulation product, excluding a small lump sum payment, unless:

  1. (1)

    it is required to provide the client with the key features illustration in accordance with the rules on providing product information to clients (COBS 14.2.1R);

  2. (2)

    without prompting by the firm, the client requests the key features illustration;

  3. (3)

    it includes a key features illustration for each of the pension decumulation product options that it offers; or

  4. (4)

    it includes multiple key features illustrations as indicative representations of each of the pension decumulation product options that it offers.

Communications about annuity options

COBS 19.4.12 R RP

4When a firm communicates with a retail client about their pension annuity options the firm must provide the client with information about how their circumstances can affect retirement income calculations and payments for pension annuities offered by the firm and on the open market.

COBS 19.4.13 G RP

4For the purpose of COBS 19.4.12R, examples of the circumstances which can affect retirement income calculations and payments include:

  1. (1)

    the client’s marital status;

  2. (2)

    whether the client has dependants;

  3. (3)

    whether the pension annuity provides a fixed, increasing or decreasing income;

  4. (4)

    the certainty of income associated with an annuity;

  5. (5)

    the client’s state of health; and

  6. (6)

    the client’s lifestyle choices.

Communications about drawdown and uncrystallised funds pension lump sum options

COBS 19.4.14 R RP

4When a firm communicates with a retail client about their drawdown pension and uncrystallised funds pension lump sum options, the firm must provide the client with such information as is necessary for the client to make an informed decision including, where relevant, information about:

  1. (1)

    how the remaining fund is invested;

  2. (2)

    sustainability of income over time including;

    1. (a)

      the extent to which any income is guaranteed; and

    2. (b)

      implications of full encashment on the client’s retirement income;

  3. (3)

    the need to review, make further decisions about, or take further actions during the life of the pension decumulation product;

  4. (4)

    impact on means-tested benefits;

  5. (5)

    the effect of costs and charges on the client’s income; and

  6. (6)

    tax implications.

Communications about options to access pension savings

COBS 19.4.15 G RP

4A firm should ensure that when it makes any communication with a retail client concerned with the client’s options to access their pension savings it has regard to the fair, clear and not misleading rule, the client’s best interests rule and Principles 6 and 7. In particular a firm should:

  1. (1)

    refer to the contents of the Money Advice Service fact sheet to identify what information might assist the client to understand their options;

  2. (2)

    consider whether it needs to include or refer to any information contained in the Money Advice Service fact sheet;

  3. (3)

    ensure that the content, presentation or layout of any pension decumulation product information does not emphasise any potential benefits of the firm’s own products and services in a way that disguises, diminishes or obscures important information or messages contained in the fact sheet;

  4. (4)

    prominently highlight the ability to shop around and state clearly that other providers might offer pension decumulation products that are more appropriate for the client’s needs and circumstances and may offer a higher level of retirement income;

  5. (5)

    present information in a logical order, using clear and descriptive headings and where appropriate cross-references and sub-headings to aid navigation; and

  6. (6)

    where possible, use plain language and avoid the use of jargon, unfamiliar or technical language or, where this is not possible, provide easily accessible accompanying explanations in plain language.

Signposting pensions guidance

COBS 19.4.16 R RP
  1. (1)

    4When a firm communicates with a retail client about the retail client'spersonal pension scheme, stakeholder pension scheme, FSAVC, retirement annuity contract or pension buy-out contract which is provided by the firm, unless the circumstances in (2) apply, the firm must:

    1. (a)

      refer to the availability of the pensions guidance;

    2. (b)

      offer to provide the client with information about how to access the pensions guidance; and

    3. (c)

      include a recommendation that the client seeks appropriate guidance or advice to understand their options at retirement.

  2. (2)

    A firm is not required to provide the client with the statement required in (1) where:

    1. (a)

      the firm communicates with the client for a purpose other than:

      1. (i)

        encouraging the client to think about their open market options; or

      2. (ii)

        facilitating access to the client's pension savings; or

    2. (b)

      the client has already accessed the pensions guidance; or

    3. (c)

      the client has already received advice from a firm on their open market options, for example from an independent financial adviser; or

    4. (d)

      the firm is providing the client with an open market options statement or six-week reminder in accordance with COBS 19.4.5R or COBS 19.4.9R.

COBS 19.4.17 G RP

4An example of behaviour by or on behalf of a firm that is likely to contravene the client's best interests rule or Principle 6 and may contravene other Principles is for a firm to actively discourage a retail client from using the pensions guidance, for example by:

  1. (1)

    leading the client to believe that using the pensions guidance is unnecessary or would not be beneficial; or

  2. (2)

    obscuring the statement about the availability of the pensions guidance or any other information relevant to the exercise of open market options.

Tax implications

COBS 19.4.18 R RP

4If a firm receives an application from a retail client to access some or all of their pension savings, the firm must provide the client with a description of the tax implications before the client accesses their pension savings.

COBS 19.4.19 R RP

4A firm is not required to provide the information in COBS 19.4.18R where it is provided in accordance with COBS 14.2.1R.

COBS 19.5 1Independent governance committees (IGCs)

Application

COBS 19.5.1 R RP

This section applies to a firm which operates a relevant scheme in which there are at least two relevant policyholders.

Requirement to establish an IGC

COBS 19.5.2 R RP
  1. (1)

    Subject to COBS 19.5.3 R, a firm must establish an IGC.

  2. (2)

    This rule does not apply to a firm ('Firm A') if another firm in Firm A's group has made arrangements under this section for an IGC to cover relevant schemes operated by Firm A.

Governance advisory arrangements

COBS 19.5.3 R RP
  1. (1)

    If a firm considers it appropriate, having regard to the size, nature and complexity of the relevant schemes it operates, it may establish a governance advisory arrangement instead of an IGC.

  2. (2)

    If a firm has decided to establish a governance advisory arrangement rather than an IGC, this section (other than COBS 19.5.9R (2), COBS 19.5.9R (3), COBS 19.5.10 G, COBS 19.5.11 R and COBS 19.5.12 G) apply to the firm by reading references to the IGC as references to the governance advisory arrangement.

  3. (3)

    A firm must establish a governance advisory arrangement on terms that secure the independence of the governance advisory arrangement and its Chair from the firm.

COBS 19.5.4 G RP
  1. (1)

    Firms with large or complex relevant schemes should establish an IGC. For the purposes of this section, a firm may determine whether it has large relevant schemes by reference to:

    1. (a)

      the number of relevant policyholders in relevant schemes;

    2. (b)

      the funds under management in relevant schemes; and

    3. (c)

      the number of employers contributing to relevant schemes.

  2. (2)

    Examples of features that might indicate complex schemes include:

    1. (a)

      schemes that are operated on multiple information technology systems;

    2. (b)

      schemes that have multiple charging structures;

    3. (c)

      schemes that offer a with-profits fund; and

    4. (d)

      the firm offers relevant policyholders access to investment funds it operates or which are operated by an entity with the same ownership.

Terms of reference for an IGC

COBS 19.5.5 R RP

A firm must include, as a minimum, the following requirements in its terms of reference for an IGC:

  1. (1)

    the IGC will act solely in the interests of relevant policyholders;

  2. (2)

    the IGC will assess the ongoing value for money for relevant policyholders delivered by relevant schemes particularly, though not exclusively, through assessing:

    1. (a)

      whether default investment strategies within those schemes:

      1. (i)

        are designed and executed in the interests of relevant policyholders;

      2. (ii)

        have clear statements of aims and objectives;

    2. (b)

      whether the characteristics and net performance of investment strategies are regularly reviewed by the firm to ensure alignment with the interests of relevant policyholders and that the firm takes action to make any necessary changes;

    3. (c)

      whether core scheme financial transactions are processed promptly and accurately;

    4. (d)

      the levels of charges borne by relevant policyholders; and

    5. (e)

      the direct and indirect costs incurred as a result of managing and investing, and activities in connection with the managing and investing of, the pension savings of relevant policyholders, including transaction costs;

  3. (3)

    the IGC will raise with the firm'sgoverning body any concerns it may have in relation to the value for money for relevant policyholders delivered by a relevant scheme;

  4. (4)

    the IGC will escalate concerns as appropriate where the firm has not, in the IGC's opinion, addressed those concerns satisfactorily or at all;

  5. (5)

    the IGC will meet, or otherwise make decisions to discharge its duties, using a quorum of at least three members, with the majority of the quorum being independent;

  6. (6)

    the Chair of the IGC will be responsible for the production of an annual report setting out:

    1. (a)

      the IGC's opinion on the value for money delivered by relevant schemes, particularly against the matters listed under (2);

    2. (b)

      how the IGC has considered relevant policyholders' interests;

    3. (c)

      any concerns raised by the IGC with the firm'sgoverning body and the response received to those concerns;

    4. (d)

      how the IGC has sufficient expertise, experience and independence to act in relevant policyholders' interests;

    5. (e)

      how each independent member of the IGC, together with confirmation that the IGC considers these members to be independent, has taken into account COBS 19.5.12 G;

    6. (f)

      the arrangements put in place by the firm to ensure that the views of relevant policyholders are directly represented to the IGC.

COBS 19.5.6 G RP
  1. (1)

    An IGC is expected to act in the interests of relevant policyholders both individually and collectively. Where there is the potential for conflict between individual and collective interests, the IGC should manage this conflict effectively. An IGC is not expected to deal directly with complaints from individual policyholders.

  2. (2)

    The primary focus of an IGC should be the interests of relevant policyholders. Should a firm ask an IGC to consider the interests of other members, the firm should provide additional resources and support to the IGC such that the IGC's ability to act in the interests of relevant policyholders is not compromised.

  3. (3)

    An IGC should assess whether all the investment choices available to relevant policyholders, including default options, are regularly reviewed to ensure alignment with the interests of relevant policyholders.

  4. (4)

    Where an IGC is unable to obtain from a firm, and ultimately from any other person providing relevant services, the information it requires to assess the matters in COBS 19.5.5R (2), the IGC should explain in the annual report why it has been unable to obtain the information and how it will take steps to be granted access to that information in the future.

  5. (5)

    If, having raised concerns with the firm'sgoverning body about the value for money offered to relevant policyholders by a relevant scheme, the IGC is not satisfied with the response of the firm'sgoverning body, the IGC Chair may escalate concerns to the FCA if the IGC thinks that would be appropriate. The IGC may also alert relevant policyholders and employers and make its concerns public.

  6. (6)

    The IGC Chair should raise with the firm'sgoverning body any concerns that the IGC has about the information or resources that the firm provides, or arrangements that the firm puts in place to ensure that the views of relevant policyholders are directly represented to the IGC. If the IGC is not satisfied with the response of the firm'sgoverning body, the IGC Chair may escalate its concerns to the FCA, if appropriate. The IGC may also make its concerns public.

  7. (7)

    The IGC should make public the names of those members who are employees of the provider firm, unless there are compelling reasons not to do so. The IGC should consult employee members as to whether there are such reasons.

Duties of firms in relation to an IGC

COBS 19.5.7 R RP

A firm must:

  1. (1)

    take reasonable steps to ensure that the IGC acts and continues to act in accordance with its terms of reference;

  2. (2)

    take reasonable steps to provide the IGC with all information reasonably requested by the IGC for the purposes of carrying out its role;

  3. (3)

    provide the IGC with sufficient resources as are reasonably necessary to allow it to carry out its role independently;

  4. (4)

    have arrangements to ensure that the views of relevant policyholders can be directly represented to the IGC;

  5. (5)

    take reasonable steps to address any concerns raised by the IGC under its terms of reference;

  6. (6)

    provide written reasons to the IGC as to why it has decided to depart in any material way from any advice or recommendations made by the IGC to address any concerns it has raised;

  7. (7)

    take all necessary steps to facilitate the escalation of concerns by the IGC under COBS 19.5.5R (4) and COBS 19.5.6G (5); and

  8. (8)

    make the terms of reference and the annual report of the IGC publicly available.

COBS 19.5.8 G RP
  1. (1)

    A firm should consider allocating responsibility for the management of the relationship between the firm and its IGC to a person at the firm holding an FCAsignificant-influence function or designated senior management function2.

  2. (2)

    A firm should fund independent advice for the IGC if this is necessary and proportionate.

  3. (3)

    A firm should not unreasonably withhold from the IGC information that would enable the IGC to carry out a comprehensive assessment of value for money.

  4. (4)

    A firm should have arrangements for sharing confidential and commercially sensitive information with the IGC.

  5. (5)

    A firm should use best endeavours to obtain, and should provide the IGC with, information on the costs incurred as a result of managing and investing, and activities in connection with the managing and investing of, the assets of relevant schemes, including transaction costs. Information about costs and charges more broadly should also be provided, so that the IGC can properly assess the value for money of relevant schemes and the funds held within these.

  6. (6)

    If a firm asks an IGC to take on responsibilities in addition to those in COBS 19.5.5 R, the firm should provide additional resources and support to the IGC such that its ability to act within its terms of reference in COBS 19.5.5 R is not compromised.

  7. (7)

    A firm should provide secretarial and other administrative support to the IGC. The nature of the support, including how it is provided and by whom, should not conflict with the IGC's ability to act independently of the firm.

  8. (8)

    A firm can make the terms of reference for the IGC and the annual report of the IGC publicly available by placing them on its website and by providing them on request to relevant policyholders and their employers.

Appointment of IGC members

COBS 19.5.9 R RP
  1. (1)

    A firm must take reasonable steps to ensure that the IGC has sufficient collective expertise and experience to be able to make judgements on the value for money of relevant schemes.

  2. (2)

    A firm must recruit independent IGC members through an open and transparent recruitment process.

  3. (3)

    A firm must appoint members to the IGC so that:

    1. (a)

      the IGC consists of at least five members, including an independent Chair and a majority of independent members;

    2. (b)

      IGC members are bound by appropriate contracts which reflect the terms of reference in COBS 19.5.5 R, and on such terms as to secure the independence of independent members;

    3. (c)

      independent IGC members who are individuals are appointed for fixed terms of no longer than five years, with a cumulative maximum duration of ten years;

    4. (d)

      individuals acting as the representative of an independent corporate member are appointed to the IGC for a maximum duration of ten years;

    5. (e)

      independent IGC members who are individuals, including those representing independent corporate members, are not eligible for reappointment to the IGC until five years have elapsed, after having served on the firm'sIGC for the maximum duration of ten years;

    6. (f)

      appointments to the IGC are managed to maintain continuity in terms of expertise and experience of the IGC.

COBS 19.5.10 G RP
  1. (1)

    The effect of COBS 19.5.9R (3)(b) is that employees of the firm who serve on an IGC should be subject to appropriate contractual terms so that, when acting in the capacity of an IGC member, they are free to act within the terms of reference of the IGC without conflict with other terms of their employment. In particular, when acting as an IGC member, an employee will be expected to act solely in the interests of relevant policyholders and should be able to do so without breaching any terms of his employment contract.

  2. (2)

    An individual may serve on more than one IGC.

  3. (3)

    A firm should replace any vacancies that arise within IGCs as soon as possible and, in any event, within six months.

  4. (4)

    A firm should involve the IGC Chair in the appointment and removal of other members, both independent members and employees of the firm.

  5. (5)

    A firm should consider indemnifying IGC members against any liabilities incurred while fulfilling their duties as IGC members.

IGC members who are independent

COBS 19.5.11 R RP

The firm, in appointing independent IGC members, must determine whether such a member is independent in character and judgement and whether there are relationships or circumstances which are likely to affect, or could appear to affect, that member’s judgement.

COBS 19.5.12 G RP
  1. (1)

    An IGC member is unlikely to be considered independent if any of the following circumstances exist:

    1. (a)

      the individual is an employee of the firm or of a company within the firm'sgroup or paid by them for any role other than as an IGC member, including participating in the firm's share option or performance-related pay scheme;

    2. (b)

      the individual has been an employee of the firm or of another company within the firm'sgroup within the five years preceding his appointment to the IGC;

    3. (c)

      the individual has, or had within the three years preceding his appointment, a material business relationship of any description with the firm or with another company within the firm'sgroup, either directly or indirectly.

  2. (2)

    A firm may appoint a body corporate to an IGC, including as Chair. The corporate member should notify the firm of the individual who will act as the member's representative on the IGC. A firm should consider the circumstances of a corporate IGC member and any representative of the corporate member with the objective of ensuring that any potential conflicts of interest are managed effectively so that they do not affect the corporate IGC member's ability to represent the interests of relevant policyholders.

  3. (3)

    Should the firm, or another company within the firm'sgroup, operate a mastertrust, there may be benefits in a trustee of such a mastertrust also being an IGC member. If such circumstances exist, an individual or a corporate trustee may be suitable to be an independent IGC member, notwithstanding the relationship with the firm.

  4. (4)

    A firm should review on a regular basis whether its independent IGC members continue to be independent and take appropriate action if it considers that they are not.

COBS 19.6 Restriction on charges in qualifying schemes2

Application

COBS 19.6.1 R RP

This section applies to an operator of a qualifying scheme.

COBS 19.6.2 R RP

The restrictions on administration charges in COBS 19.6.4 R do not apply in relation to a default arrangement under which, at any time before benefits come into payment, those benefits accruing to the member involve, or involve an option to have, a promise by or to be obtained from a third party about the rate or amount of those benefits.

Express agreement

COBS 19.6.3 G RP
  1. (1)

    In this section, where express agreement is required by a rule, the FCA would expect firms to take active steps to obtain the informed, active consent of the affected member(s) of the qualifying scheme, and to have that consent in writing in a durable medium, capable of being produced or reproduced when requested by the FCA.

  2. (2)

    The FCA does not consider the following to amount to express agreement (this list is not exhaustive):

    1. (a)

      a member receiving a communication stating that by becoming or continuing to be a member of the scheme, the member has agreed to a particular service;

    2. (b)

      a member being invited to click on a box to opt-out through a website link.

Default arrangements: charging structures and restrictions

COBS 19.6.4 R RP

A firm, for a default arrangement within a qualifying scheme, may only make, impose or otherwise facilitate payment of an administration charge1 by way of an accrued rights charge or a combination charge structure where:

  1. (1)

    the limits in COBS 19.6.6 R are not exceeded; or

  2. (2)

    the firm has obtained appropriate express agreement to exceed the limits and the following conditions are satisfied:

    1. (a)

      the express agreement contains an acknowledgement by the member that the administration charge1 for the service is likely to exceed the limits;

    2. (b)

      giving such express agreement is not a condition of becoming or remaining a member of the qualifying scheme;

    3. (c)

      express agreement has not been given for services which the operator must provide under the regulatory system or the general law, or which are core services.

COBS 19.6.5 G RP

The effect of COBS 19.6.4R (2)(c) is that a firm may not seek express agreement from a member to charges in excess of the limits for services which are obligatory under law, or form part of the core operation of the scheme. Such core services include, for example, designing and implementing an investment strategy, investing contributions to the scheme (to the extent that this would incur administration charges1), holding investments relating to scheme members and transferring a member’s accrued rights into or out of a default arrangement.

COBS 19.6.6 R RP

The limits on administration charges are as follows:

  1. (1)

    for a qualifying scheme which uses only an accrued rights charge, 0.75% of the value of those accrued rights;

  2. (2)

    for a qualifying scheme which uses a combination charge scheme:

    1. (a)

      for the flat-fee charge element, £25 annually;

    2. (b)

      for the contribution percentage charge element, 2.5% of the contributions annually;

    3. (c)

      for the associated accrued rights charge, the limits as set out in column 2 of the table in COBS 19.6.7 R.

COBS 19.6.7 R RP

This is the table referred to in COBS 19.6.6 R.

Contribution percentage charge rate (%)

Accrued rights charge rate (%)

1 or lower

0.6

Higher than 1 but no higher than 2

0.5

Higher than 2 but no higher than 2.5

0.4

Flat-fee charge (£)

Accrued rights charge rate (%)

10 or less

0.6

More than 10 but no more than 20

0.5

More than 20 but no more than 25

0.4

Compliance with the restrictions on charges

COBS 19.6.8 E RP
  1. (1)

    To ensure that administration charges1 are within the limits set out in COBS 19.6.6 R:

    1. (a)

      a firm should calculate the value of accrued rights in an accrued rights charge as the arithmetic mean over a 12-month period of membership of the qualifying scheme, using at least four evenly-distributed reference points over that period;

    2. (b)

      a firm should calculate the value of contributions in a contribution percentage charge over a 12-month period of membership of the qualifying scheme of a member's workplace pension contributions;

    3. (c)

      for members who have been members of the qualifying scheme for a period of less than 12 months, a firm should calculate administrative charges on a pro rata basis;

    4. (d)

      the total administration charges imposed should not exceed the relevant restriction when measured over a 12-month period. However, where the qualifying scheme has been in operation for less than 12 months, and the firm's internal processes would involve assessment of administration charges before 12 months has elapsed, then for its initial assessment, the firm may use a period of up to 18 months.

  2. (2)

    Contravention of (1) may be relied on as tending to establish contravention of COBS 19.6.4R (1) .

Prohibition of payments to third parties from qualifying schemes2

COBS 19.6.9 R RP
  1. (1)

    A firm must not make any administration charge,1 or otherwise make or facilitate any payment or provide any non-monetary benefit, in respect of any service provided by a third party in connection with a qualifying scheme which would have the effect of decreasing the value of the accrued rights of any member of that scheme.2

    2
  2. (2)

    The restriction in (1) does not apply where the firm has obtained express agreement from the relevant member to such a payment.

COBS 19.6.10 G

[deleted]2

2

Differential charges

COBS 19.6.11 R RP

2A firm must not impose greater administration charges1 on a member of a qualifying scheme whose workplace pension contributions ceased on or after 6 April 2016 than those imposed on a member for whom such contributions are still being made.

COBS 19.6.12 G RP

2The effect of COBS 19.6.11 R is to prohibit active member discounts within automatic enrolment schemes.

COBS 19.6A Restrictions on early exit charges in personal pension schemes and stakeholder pension schemes1

Application

COBS 19.6A.1 R

1This section applies to an operator of a personal pension scheme or a stakeholder pension scheme.

Purpose

COBS 19.6A.2 G

The purpose of this section is to make rules prohibiting the imposition of, and provision for, certain early exit charges on members of personal pension schemes and stakeholder pension schemes. Section 137FBB of the Act requires the FCA to make such rules.

Exclusion

COBS 19.6A.3 R

This section does not apply to any charge which is excluded from the scope of section 137FBB of the Act by the Financial Services and Markets Act 2000 (Early Exit Pensions Charges) Regulations 2016 (SI 2016/1079).

Prohibition on early exit charges on a member joining or incrementing benefits under a scheme on or after 31 March 2017

COBS 19.6A.4 R
  1. (1)

    A firm must not:

    1. (a)

      impose; or

    2. (b)

      include in the arrangements relating to a personal pension scheme or stakeholder pension scheme any provision for the imposition of:

    an early exit charge on a member of the scheme.

  2. (2)

    This rule applies in relation to a member who entered into a contract or other arrangement on or after 31 March 2017 providing for:

    1. (a)

      a right to benefits resulting from contributions to the scheme; or

    2. (b)

      an increment to benefits resulting from contributions to the scheme, but only in respect of the member’s benefits under that contract or other arrangement.

Restriction on early exit charges on a member who joined or incremented a scheme before 31 March 2017

COBS 19.6A.5 R
  1. (1)

    A firm must not impose an early exit charge on a member of a personal pension scheme or stakeholder pension scheme that exceeds the lower of:

    1. (a)

      1% of the value of the member’s benefits being taken, converted or transferred; or

    2. (b)

      such lower amount as was provided for under the scheme arrangements as at 31 March 2017; or

    3. (c)

      where no such provision was made, no charge.

  2. (2)

    A firm must not:

    1. (a)

      include provision in such a scheme for an early exit charge, where such provision did not exist on 31 March 2017; or

    2. (b)

      vary provision for an early exit charge in such a scheme to increase or potentially increase the charge.

  3. (3)

    The value of the member’s benefits in (1)(a):

    1. (a)

      is calculated at the point when the firm receives confirmation from the member of the instruction to take the action giving rise to the early exit charge;

    2. (b)

      excludes an increment to member’s benefits resulting from contributions to a scheme under a contract or other arrangement entered into by the member on or after 31 March 2017;

    3. (c)

      excludes adjustments referred to, and satisfying the conditions in Regulation 3 of the Financial Services and Markets Act 2000 (Early Exit Pensions Charges) Regulations 2016 (SI 2016/1079); and

    4. (d)

      does not exclude adjustments referred to in Regulation 4 of the Financial Services and Markets Act 2000 (Early Exit Pensions Charges) Regulations 2016 (SI 2016/1079).

  4. (4)

    This rule applies in relation to a member who entered into a contract or other arrangement (providing for a right to benefits resulting from contributions to the scheme) before 31 March 2017.

COBS 19.7 Retirement risk warnings1

Definitions

COBS 19.7.1 R RP

In this section:

  1. (1)

    [deleted]2

  2. (2)

    “pension decumulation product” is a product used to access pension savings and includes:2

    1. (a)

      a facility to enable a retail client to make an uncrystallised funds pension lump sum payment; 2

    2. (b)

      an option to take a small lump sum payment; 2

    3. (c)

      a drawdown pension; and2

    4. (d)

      a pension annuity; 2

  3. (3)

    “pension savings” is the proceeds of the client'spersonal pension scheme, stakeholder pension scheme, or occupational pension scheme;

  4. (4)

    “retirement risk warnings” are the warnings required to be given to a retail client at step 3 of the process specified in this section;

  5. (5)

    “risk factors” are the attributes, characteristics, external factors or other variables that increase the risk associated with a retail client's decision to access their pension savings using a pension decumulation product;

  6. (6)

    “signpost” is the written or oral statement encouraging a retail client to use pensions guidance or to take regulated advice to understand their options at retirement which is at step 1 of the process specified in this section.

Application

COBS 19.7.2 R RP

This section applies to a firm communicating with a retail client in relation to accessing their pension savings using a pension decumulation product.

COBS 19.7.3 R RP

This section does not apply:

  1. (1)

    to a firm giving regulated advice to a retail client on options to access their pension savings;

  2. (2)

    if the firm has already provided the retirement risk warnings to the retail client in relation to their decision to access their pension savings and the firm has reasonable grounds to believe that the retirement risk warnings are still appropriate for the client.

Purpose

COBS 19.7.4 G RP
  1. (1)

    The purpose of this section is to ensure that a firm, which is communicating with a retail client about a pension decumulation product, gives appropriate retirement risk warnings at the point when the retail client has decided how to access their pension savings.

  2. (2)

    If the retail client has not yet decided what to do,2 the firm should consider whether it is required to signpost the pensions guidance under COBS 19.4.16R2 (signposting pensions guidance) and whether it may be appropriate to provide information about the risks associated with the client’s options to access their pension savings generally2.

    2
COBS 19.7.5 G RP

This section amplifies Principles 6 and 7, but does not exhaust or restrict what they require. A firm will, in any event, need to ensure that its sales processes are consistent with the Principles and other rules.

COBS 19.7.6 G RP

An illustration of the steps a firm is required to take is set out in COBS 19 Annex 1G.

Trigger: when does a firm have to follow the steps?

COBS 19.7.7 R RP

A firm must follow the steps specified in this section at the point when the retail client has decided (in principle) to take one of the following actions (and before the action is concluded):

  1. (1)

    buy a pension decumulation product; or

  2. (2)

    vary their personal pension scheme, stakeholder pension scheme, FSAVC, retirement annuity contract or pension buy-out contract to enable the client to:

    1. (a)

      access pension savings using a drawdown pension; or

    2. (b)

      elect to make one-off, regular or ad-hoc uncrystallised funds pension lump sum payments2; or

  3. (3)

    receive a one-off, regular or ad-hoc uncrystallised funds pension lump sum payment2; or

  4. (4)

    access their pension savings using a drawdown pension; or2

  5. (5)

    withdraw the funds in full from their pension savings, reducing the value of their rights to zero.2

Step 1: determine whether the client has received guidance or regulated advice

COBS 19.7.8 R RP
  1. (1)

    The first step is to ask the retail client whether they have received pensions guidance or regulated advice:

    1. (a)

      if the client says that they have, the firm must proceed to step 2; or

    2. (b)

      if the client says that they have not or is unsure, the firm must explain that the decision to access pension savings is an important one and encourage the retail client to use pensions guidance or to take regulated advice to understand their options at retirement.

  2. (2)

    If, after giving the explanation in COBS 19.7.8R (1)(b), the retail client does not want to access pensions guidance or take regulated advice, the firm must proceed to step 2.

Step 2: identify risk factors

COBS 19.7.9 R RP

Based on how the retail client wants to access their pension savings, at step 2 the firm must ask the client questions to identify whether any risk factors are present, except where COBS 19.7.9AR applies2.

COBS 19.7.9A R RP

2If the value of the retail client’s pension savings is £10,000 or less and there are no safeguarded benefits, the firm:

  1. (1)

    is not required to ask questions to identify whether any risk factors are present; and

  2. (2)

    must prepare appropriate retirement risk warnings based on the risk factors relevant to each pension decumulation product it offers to enable retail clients to access their pension savings.

COBS 19.7.9B R RP

2A firm may ask the client the questions required by COBS 19.7.9R before the client has decided (in principle) to take one of the actions specified in COBS 19.7.7R to access their pension savings.

COBS 19.7.9C R RP

2If, to complete step 2, a firm relies on information gathered prior to the client’s decision to access their pension savings, the firm must be satisfied that this information is relevant, accurate and up-to-date before giving the risk warnings at step 3.

COBS 19.7.10 R RP

A firm must prepare the questions required by COBS 19.7.9 R before taking the steps for the first time, and must keep the questions up to date.

COBS 19.7.11 G RP

To prepare for step 2, the firm should:

  1. (1)

    identify the main risk factors relevant to each pension decumulation product it offers to enable retail clients to access their pension savings; and

  2. (2)

    prepare questions to enable it to identify the presence of those risk factors for different retail clients.

COBS 19.7.12 G RP

Examples of the sorts of risk factors which relate to pension decumulation products are:

  1. (1)

    the client's state of health;

  2. (2)

    loss of any guarantees;

  3. (3)

    whether the client has a partner or dependants;

  4. (4)

    inflation;

  5. (5)

    whether the client has shopped around;

  6. (6)

    sustainability of income in retirement;

  7. (7)

    tax implications;

  8. (8)

    charges (if a client intends to invest their pension savings);

  9. (9)

    impact on means-tested benefits;

  10. (10)

    debt; and

  11. (11)

    investment scams.

Step 3: provide appropriate retirement risk warnings

COBS 19.7.13 R RP

At step 3:2

  1. (1)

    if the value of the retail client's pension savings is £10,000 or less and there are no safeguarded benefits, based on how the retail client wants to access their pension savings, a firm must give the client the appropriate retirement risk warnings prepared under COBS 19.7.9AR(2); and 2

  2. (2)

    in all other cases, a firm must give the retail client appropriate retirement risk warnings in response to the client's answers to the firm's questions.2

COBS 19.7.14 R RP

A firm must prepare the retirement risk warnings required by COBS 19.7.13 R in good time before taking the steps for the first time, and must keep them up to date.

COBS 19.7.15 G RP

If after considering the retail client's answers it is unclear whether a risk factor is present, a firm should give the client the appropriate retirement risk warning.

Communicating the signpost and retirement risk warning

COBS 19.7.16 R RP

When communicating the signpost and retirement risk warnings, the firm must do so clearly and prominently.

COBS 19.7.17 R RP

Whatever the means of communication, the firm must ensure that the retail client cannot progress to the next stage of the sale unless the relevant signpost or retirement risk warning has been communicated to the client.

COBS 19.7.18 G RP

For an internet sale, a firm should display the required information on a screen which the retail client must access and acknowledge as part of the sales process. It would not be sufficient for the information to be accessible only by giving the client the option to click on a link or download a document.

Record keeping

COBS 19.7.19 R RP

Firms must record whether the retail client has received:

  1. (1)

    the retirement risk warnings at step 3 of the process specified in this section;

  2. (2)

    regulated advice; and

  3. (3)

    pensions guidance.

COBS 19.8 Disclosure of transaction costs and administration charges in connection with workplace pension schemes

Interpretation

COBS 19.8.1 R

1In this section:

  1. (1)

    ‘administration charges’, in relation to a member of a pension scheme, means any of the following to the extent that they may be used to meet the administrative expenses of the scheme, to pay commission or in any other way that does not result in the provision of pension benefits for or in respect of members:

    1. (a)

      any payments made to the scheme by, or on behalf or in respect of, the member; or

    2. (b)

      any income or capital gain arising from the investment of such payments; or

    3. (c)

      the value of the member’s rights under the scheme;

    but an administration charge does not include any charge made for costs:

    1. (d)

      incurred directly as a result of buying, selling, lending or borrowing investments; or

    2. (e)

      incurred solely in providing benefits in respect of the death of such a member; or

    3. (f)

      incurred in complying with a court order, where that order has provided that the operator, trustee or manager of the scheme may recover those costs; or

    4. (g)

      arising from earmarking orders or pension sharing arrangements pursuant to regulations made under section 24 or section 41 of the Welfare Reform and Pensions Act 1999.

  2. (2)

    ‘anti-dilution mechanism’ is any method used to the benefit of an investment to offset the impact of inflows or outflows from that investment, whether by way of:

    1. (a)

      a levy; or

    2. (b)

      any adjustment enabling further investment into, or redemption of investments from, the investment.

  3. (3)

    ‘arrangement’, in connection with a relevant scheme, is any investment available to scheme members for the investment of their pension contributions.

  4. (4)

    ‘transaction costs’ are costs incurred as a result of the buying, selling, lending or borrowing of investments.

Application

COBS 19.8.2 R

1This section applies to:

  1. (1)

    an operator of a relevant scheme; and

  2. (2)

    a firm which holds information needed for the calculation of transaction costs or administration charges in the course of providing services in connection with:

    1. (a)

      a relevant scheme;

    2. (b)

      an arrangement; or

    3. (c)

      an investment in which an arrangement is directly or indirectly invested.

Purpose

COBS 19.8.3 G
  1. (1)

    1The purpose of the rules in this section is to enable governance bodies of workplace pension schemes to meet their obligations as set out in (2) and (3) by obliging firms which hold the relevant information to calculate transaction costs to a common standard and provide that information, and information on administration charges, to governance bodies.

  2. (2)

    An operator of a workplace personal pension scheme or stakeholder pension scheme is obliged under COBS 19.5.7R(2) to take reasonable steps to provide its IGC (or governance advisory arrangement) with all information reasonably requested by it for the purpose of carrying out its role. The role of an IGC, under COBS 19.5.5R(2), must include the assessment of value for money delivered by relevant schemes through the assessment of transaction costs (among other things).

  3. (3)

    The trustees or managers of an occupational pension scheme are obliged to calculate, insofar as they are able to do so, the transaction costs borne by scheme members, and to assess the extent to which those costs represent good value for members. (See regulation 25 of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (SI 1996/1715) as amended by the Occupational Pension Schemes (Charges and Governance) Regulations 2015 (SI 2015/879)).

Obligation to disclose transaction costs and administration charges

COBS 19.8.4 R

1A firm must respond in a reasonable time and in a reasonably acceptable format to a request for information relating to transaction costs and administration charges relating to a particular arrangement (or any investment in which the arrangement is directly or indirectly invested) over a period of time from or on behalf of:

  1. (1)

    an operator, trustee or manager of a relevant scheme; or

  2. (2)

    another firm seeking to comply with its obligations under this section.

COBS 19.8.5 R

1In responding to the request referred to in COBS 19.8.4R, the firm must:

  1. (1)

    calculate the transaction costs incurred in relation to the arrangement or investment to which the request relates (including transaction costs incurred in any investment in which the arrangement or investment is directly or indirectly invested) in accordance with this section;

  2. (2)

    disclose the results of the aggregation of those transaction costs to the requesting person, along with a breakdown of the identifiable elements of those costs;

  3. (3)

    disclose the administration charges incurred in that arrangement or any investment to which the request relates (including administration charges incurred in any investment in which the arrangement or investment is directly or indirectly invested); and

  4. (4)

    provide other relevant information which would or may assist in making comparisons between the costs or charges in (1) to (3) and the equivalent costs or charges of other pension schemes where available.

COBS 19.8.6 G
  1. (1)

    1The breakdown of identifiable transaction costs should include at least taxes, explicit fees and charges, and costs in connection with securities lending and borrowing.

  2. (2)

    Other relevant information regarding transaction costs or administration charges might include, in relation to each arrangement (or investment in which the arrangement is directly or indirectly invested): the investment return, measures of risk, portfolio turnover rate, proportion of securities loaned or borrowed, costs other than transaction costs, and typical and maximum levels of entry, exit and switching costs. This is not an exhaustive list, and firms should use discretion based on the composition of each particular arrangement (or investment in which the arrangement is directly or indirectly invested).

  3. (3)

    Where it is not possible to calculate the amount of transaction costs or administration charges attributable to an arrangement (or investment in which the arrangement is directly or indirectly invested), a pro rata approach may be used, which assumes that transaction costs and administration charges are incurred evenly over time. A pro rata approach may also be used where information is not available for a full period or in other situations where the provision of information would otherwise be subject to unreasonable delay.

  4. (4)

    When calculating administration charges for a default arrangement, firms should have regard to COBS 19.6 (Restriction on charges in qualifying schemes) and the Occupational Pension Schemes (Charges and Governance) Regulations 2015 (SI 2015/879).

Taking reasonable steps to obtain necessary information

COBS 19.8.7 R

1If a firm does not have the information necessary to comply with COBS 19.8.4R and COBS 19.8.5R, then it must:

  1. (1)

    take reasonable steps to obtain that information; or

  2. (2)

    where, despite having taken such reasonable steps, it remains unable to comply with COBS 19.8.4R and COBS 19.8.5R, provide a written explanation to the requesting party explaining why, including the percentage of investments in the arrangement (or investment in which the arrangement is directly or indirectly invested) for which information cannot be obtained, and indicating the categories of investments involved.

COBS 19.8.8 G
  1. (1)

    1In taking reasonable steps to obtain information about transaction costs or administration charges, a firm should request the information from other firms involved in providing services in connection with the relevant scheme, arrangement, or investment in which the arrangement is directly or indirectly invested.

  2. (2)

    A firm, when seeking information about transaction costs or administration charges, should consider the materiality of that information to the calculation of costs and charges overall for each arrangement, in particular the degree to which it is necessary to look through to transactions in underlying investments in order to arrive at a fair assessment of the costs or charges of each arrangement.

Calculation of transaction costs for buying and selling transactions

COBS 19.8.9 R

1A firm must calculate the transaction cost of buying or selling an investment as the difference between arrival price (AP) and execution price (EP) of that investment, multiplied by the number of units of, or in, the investment transacted, as follows:

  1. (1)

    AP and EP are determined in accordance with this section;

  2. (2)

    where an investment is purchased:

    transaction cost = (EP-AP) x (units); and

  3. (3)

    where an investment is sold:

    transaction cost = (AP-EP) x (units).

Arrival Price (AP)

COBS 19.8.10 R

1A firm must determine the arrival price as follows:

  1. (1)

    for a transferable security, or other investment which there are frequent opportunities to dispose of, redeem, or otherwise realise at a price publicly available to market participants that is either a market price or a price made available or validated by valuation systems independent of the issuer:

    1. (a)

      the market mid-price at the time the order was transmitted to another person for execution or was executed, whichever is earlier

    2. (b)

      if no such price is available, then the last available mid-price on the day the order was executed, or, if this is not available, the closing mid-price on the day before; or

    3. (c)

      if the order to transact was executed on a day other than the day it was transmitted to another person for execution, the market opening mid-price on the day of execution, or, if this is not available, the closing mid-price the day before; or

    4. (d)

      if the order was executed during an auction, the most recently available mid-price of the asset prior to the auction; or

    5. (e)

      if an order is transmitted to another person for execution outside trading hours, the subsequent market opening mid-price.

  2. (2)

    for an investment fund or other vehicle priced on a periodic basis:

    1. (a)

      for a dual-priced vehicle, the fair value mid-price of the vehicle at the pricing point when the transaction took place; or

    2. (b)

      for a single-priced vehicle, the fair value price of the vehicle at the pricing point when the transaction took place, prior to any dilution adjustment.

  3. (3)

    for physical (in other words, real or tangible) assets, the price paid for that physical asset, excluding all charges, commissions, taxes and other payments associated with the transaction.

  4. (4)

    for any other investment which does not fall into (1), (2) or (3):

    1. (a)

      the most recent independent valuation prior to the order to transact being executed, or, if earlier, transmitted to another person for execution, adjusted appropriately for market movements using an appropriate benchmark index; or

    2. (b)

      if no such valuation is available, then an estimate based on a reasonable appraisal of the fair value of the asset prior to the order to transact being executed.

Arrival Price (AP): supplemental provision for multiple orders on the same day

COBS 19.8.11 R

1Where an order is split into multiple orders (‘child orders’) in the same investment and transmitted on the same day, the arrival price of the first child order must be used as the arrival price of all subsequent child orders on that day.

Arrival Price (AP): supplemental provision for initial public offerings, placings and other issuance of securities

COBS 19.8.12 R

1 For orders in initial public offerings, placings and other issuance of securities, the transaction price must be used as the arrival price.

Arrival Price (AP): supplemental provisions for derivatives

COBS 19.8.13 R

1 When determining the arrival price for a derivative where there is no publicly available price, a firm must determine the fair value price of the derivative.

COBS 19.8.14 G
  1. (1)

    1When considering the basis for determining transaction costs relating to derivatives, a firm should take into account:

    1. (a)

      the existence of any multiplier or scalar in arriving at the correct number of units;

    2. (b)

      the nature of the derivative;

    3. (c)

      the availability and transparency of prices of the derivative itself;

    4. (d)

      where applicable, the nature and value of the assets underlying the derivative, including their price transparency and relative proportions within that derivative; and

    5. (e)

      any other costs associated with the derivative.

  2. (2)

    When determining the fair value price, a firm should adopt a fair value approach in line with prevailing market conventions.

Arrival Price (AP): supplemental provision for foreign exchange

COBS 19.8.15 R

1A firm must, in relation to a transaction involving foreign exchange, determine the arrival price using a reasonable estimate of the consolidated price rather than the price available from a single counterparty or foreign exchange platform, even if an agreement exists to undertake all foreign exchange transactions with a single counterparty.

Execution Price (EP)

COBS 19.8.16 R

1A firm must determine the execution price as the price at which a transaction is executed including all charges, commissions, taxes and other payments associated with the transaction, directly or indirectly, where those payments are made from the assets of the arrangement or of any investment in which the arrangement is directly or indirectly invested.

Calculation of transaction costs for lending and borrowing transactions

COBS 19.8.17 R

1A firm must calculate the transaction cost of a loan transaction as the difference between the charge paid by the ultimate borrower in relation to that loan and the amount received by the arrangement (or underlying investment).

COBS 19.8.18 G

1The amounts used to calculate the transaction cost of a loan transaction should include all fees, commissions, charges and other costs levied by intermediaries involved in the transaction regardless of the legal structures involved.

COBS 19.8.19 R

1To determine the transaction cost of a borrowing transaction, a firm must use the amount paid for the loan.

Aggregation

COBS 19.8.20 R

1 The firm must aggregate and disclose, separately, the following transaction costs for each arrangement or investment and period to which the request relates:

  1. (1)

    the sum of the transaction costs for buy and sell transactions factoring in anti-dilution mechanisms (see COBS 19.8.21R); and

  2. (2)

    the sum of the transaction costs for lending and borrowing transactions.

Treatment of anti-dilution mechanisms

COBS 19.8.21 R

1A firm using an anti-dilution mechanism in connection with an arrangement or investment may factor this into the aggregate transaction costs calculation as follows:

  1. (1)

    where a levy is used, the monetary value of that levy may be subtracted from the aggregate transaction costs; and

  2. (2)

    where an adjustment is made by enabling further investment into or redemption from an investment, the value of the benefit accruing to the investment may be subtracted from the aggregate transaction costs.

COBS 19.9 Pension annuity comparison information

Definitions

COBS 19.9.1 R

1In this section:

  1. (1)

    “guaranteed minimum pension” has the meaning in section 8(2) of the Pension Schemes Act 1993;

  2. (2)

    a “guaranteed quote” is a quote that:

    1. (a)

      is provided by a firm to a retail client for the purchase of a pension annuity; and

    2. (b)

      is based on sufficient information to successfully underwrite the proposed pension annuity;

  3. (3)

    a “market-leading pension annuity quote” is a quote for a pension annuity that:

    1. (a)

      is generated by a firm by searching for, obtaining and comparing, pension annuities that are available to the retail client from across all of the pension annuity market using the same information as the firm has used to generate a guaranteed quote; and

    2. (b)

      the highest annual income from amongst all of the quotes generated under (a);

  4. (4)

    “pension-related benefit” means one or more of the following:

    1. (a)

      an existing or future entitlement to a guaranteed annuity rate;

    2. (b)

      an entitlement to a pension commencement lump sum that exceeds 25% of the value of the retail client’s benefit under the occupational pension scheme, personal pension scheme or stakeholder pension scheme in which the retail client has an interest;

    3. (c)

      an existing or future entitlement to a guaranteed minimum pension; or

    4. (d)

      section 9(2B) rights;

  5. (5)

    pension annuity comparator information” means the information that a firm must provide under this section;

  6. (6)

    “pension commencement lump sum” has the meaning as in Part 1 of Schedule 29 to the Finance Act 2004; and

  7. (7)

    “section 9(2B) rights” has the same meaning as in regulation 2(1) of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 20152.

Application

COBS 19.9.2 R

This section applies to a firm that:

  1. (1)

    provides a retail client with a guaranteed quote for a pension annuity; or

  2. (2)

    is asked by another firm (“F”) for a quote for a pension annuity where F is seeking a quote for the purposes of generating a market-leading pension annuity quote.

Purpose

COBS 19.9.3 G

This section specifies:

  1. (1)

    when a firm must provide:

    1. (a)

      a retail client with pension annuity comparator information, including whether the pension annuity it is offering will provide more or less annual income than the market-leading pension annuity quote; and

    2. (b)

      a quote to another firm seeking a quote for the purposes of the other firm generating a market-leading pension annuity quote;

  2. (2)

    how a firm must compare a guaranteed quote and a market-leading pension annuity quote and how any applicable pension-related benefits should be factored into the comparison; and

  3. (3)

    the content and format of the pension annuity comparator information that must be provided in different circumstances.

Content of pension annuity comparator information

COBS 19.9.4 R

When providing a guaranteed quote to a retail client a firm must use the relevant template in COBS 19 Annex 3R to provide:

  1. (1)

    the following information about the features of the pension annuity that is being offered:

    1. (a)

      the cost of the pension annuity where the cost is expressed as a single sum in pounds sterling net of any adviser charges;

    2. (b)

      if applicable, the amount and details of any adviser charges that the firm will be paying;

    3. (c)

      if applicable, the amount of any commission that will be paid and to whom any such commission will be paid;

    4. (d)

      the annual income the pension annuity will provide to the retail client expressed as a single sum in pounds sterling;

    5. (e)

      whether the annual income referred to in COBS 19.9.4R(1)(d) is guaranteed for any period of time and, if so, the duration of that period;

    6. (f)

      the frequency of payments that will be made to the retail client and if such payments will be paid in advance or in arrears;

    7. (g)

      whether the pension annuity will provide an annuity to only the retail client or to the retail client and another beneficiary; and

    8. (h)

      whether the annual income offered by the pension annuity will increase in value over time and, if so, the basis upon which it will increase;

  2. (2)

    if applicable, information about:

    1. (a)

      the guaranteed annuity rate that a retail client is already entitled to or will be entitled to in the future;

    2. (b)

      the date from when the guaranteed annuity rate is payable; and

    3. (c)

      the annual income that a retail client can reasonably expect to receive pursuant to the guaranteed annuity rate;

  3. (3)

    if applicable, information about:

    1. (a)

      the annual income that a retail client is already, or in the future will be, entitled to pursuant to either or both a right to a guaranteed minimum pension or section 9(2B) rights; and

    2. (b)

      the date from when that annual income is payable;

  4. (4)

    if applicable, information about the maximum pension commencement lump sum that the retail client is entitled to and whether that lump sum would represent more than 25% of the value of the retail client’s benefit under the occupational pension scheme, personal pension scheme or stakeholder pension scheme in which the retail client has an interest;

  5. (5)

    the helpline phone number and the website address for the Money Advice Service and an explanation that the phone number and website can be used to obtain pension annuity quotes from other pension annuity providers;

  6. (6)

    information about how a retail client’s health or lifestyle may entitle the retail client to a pension annuity that pays a higher income (an enhanced annuity); and

  7. (7)

    the comparison information required under COBS 19.9.7R.

COBS 19.9.5 G

A firm should consider COBS 19.9.12R2 in cases where it is not clear whether a retail client is entitled to a pension-related benefit.

Exceptions from the requirement to provide the information required by COBS 19.9.4R

COBS 19.9.6 R
  1. (1)

    The requirement to provide the information required by COBS 19.9.4R and the related requirement in COBS 19.9.7R does not apply to a firm:

    1. (a)

      if that firm (“F1”) is reasonably satisfied that:

      1. (i)

        the retail client has already received the information required by COBS 19.9.4R from another firm (“F2”); and

      2. (ii)

        the information provided by F2 to the retail client relates to the same guaranteed quote that F1 would otherwise use as the basis for providing the information required by COBS 19.9.4R; or

    2. (b)

      in any case where a firm, during the same telephone conversation, provides a retail client with more than one guaranteed quote.

  2. (2)

    Where (1)(b) applies, a firm must comply with COBS 19.9.4R if:

    1. (a)

      the retail client, during the same telephone conversation, selects one of the guaranteed quotes to explore further; or

    2. (b)

      the retail client subsequently contacts the firm to explore further one of the guaranteed quotes (“Q1”) that the firm has previously provided where Q1 was not, at the time it was provided, accompanied by the information required by COBS 19.9.4R.

Information comparing a guaranteed quote and a market-leading pension annuity quote

COBS 19.9.7 R

A firm must:

  1. (1)

    generate a market-leading pension annuity quote before providing a guaranteed quote to a retail client;

  2. (2)

    determine which of the following will, or is most likely to, offer a retail client the highest annual income:

    1. (a)

      the pension annuity offered by the guaranteed quote (“A”);

    2. (b)

      the pension annuity offered by the market-leading pension annuity quote (“B”);

    3. (c)

      if applicable, the pension that a retail client is entitled to, or will be entitled to, pursuant to the retail client’s entitlement to a guaranteed annuity rate (“C”); or

    4. (d)

      if applicable, the minimum pension that a retail client is entitled to, or will be entitled to, pursuant to the retail client’s entitlement to either or both a guaranteed minimum pension or section 9(2B) rights (“D”);

  3. (3)

    use the template in:

    1. (a)

      Part 1 of COBS 19 Annex 3R where B offers a retail client the highest annual income; or

    2. (b)

      Part 2 of COBS 19 Annex 3R where A, C or D offers a retail client the highest annual income;

  4. (4)

    where B offers the highest annual income:

    1. (a)

      calculate as a single sum in pounds sterling the amount by which B provides a higher annual income than A;

    2. (b)

      include that amount in the relevant place in the template; and

    3. (c)

      include a statement making it clear that a retail client could obtain a higher annual income by searching the open market for a pension annuity;

  5. (5)

    where A offers the highest annual income, include a statement that A will provide the retail client with the highest annual income; and

  6. (6)

    if applicable, where C or D will, or is likely to, provide the highest annual income:

    1. (a)

      calculate as a single sum in pounds sterling the amount by which C or D, as applicable, will, or is likely to, provide a higher annual income than A;

    2. (b)

      include that amount in the relevant place in the template; and

    3. (c)

      warn the retail client that:

      1. (i)

        the entitlement to, as applicable, C or D, will be extinguished if the retail client accepts A; and

      2. (ii)

        accepting A will result in the retail client receiving a lower annual income than the retail client is entitled to pursuant to, as applicable, C or D.

COBS 19.9.8 G

When a firm is required to generate a market-leading pension annuity quote it may use:

  1. (1)

    the facility on the Money Advice Service website; or

  2. (2)

    software, or any other means, that will enable the firm to search for, obtain and compare pension annuities available to the retail client from across all of the pension annuity market.

[Editor’s note: the facility in (1) is at www.moneyadviceservice.org.uk/annuitiesquotes .]

Requirement to provide another firm with information pursuant to COBS 19.9.4R(7) and COBS 19.9.7R

COBS 19.9.9 R

A firm (“F1”) must take reasonable steps to provide any information requested of it by another firm (“F2”) where such information is requested in order for F2 to comply with its obligations under COBS 19.9.4R(7) and the related requirement in COBS 19.9.7R.

COBS 19.9.10 G

A firm is reminded that when complying with the requirement in COBS 19.9.9R it should do so in a way that is consistent with its obligations under competition law.

Pension commencement lump sum

COBS 19.9.11 R
  1. (1)

    This rule applies if a retail client is entitled to a pension commencement lump sum that would amount to more than 25% of the value of the retail client’s benefit under the occupational pension scheme, personal pension scheme or stakeholder pension scheme in which the retail client has an interest.

  2. (2)

    A firm must warn the retail client if the pension annuity offered by:

    1. (a)

      the guaranteed quote; or

    2. (b)

      the market-leading pension annuity quote,

will, if accepted, reduce the pension commencement lump sum that a retail client would otherwise be entitled to receive.

Information about pension-related benefits

COBS 19.9.12 R
  1. (1)

    This rule applies where a retail client is unable to confirm an entitlement to a pension-related benefit.

  2. (2)

    This rule does not apply if a firm is the retail client’s current provider of a pension-related benefit.

  3. (3)

    A firm must take reasonable steps to assist a retail client ascertain whether the retail client is entitled to a pension-related benefit.

  4. (4)

    If, despite having taken reasonable steps under (3), it remains unclear whether a retail client:

    1. (a)

      is entitled to a guaranteed annuity rate, a firm must proceed as if the requirement in COBS 19.9.4R(2) is not applicable;

    2. (b)

      is entitled to a guaranteed minimum pension, a firm must proceed as if the requirement in COBS 19.9.4R(3) relating to information about a guaranteed minimum pension is not applicable;

    3. (c)

      has section 9(2B) rights, a firm must proceed as if the requirement in COBS 19.9.4R(3) relating to information about section 9(2B) rights is not applicable; or

    4. (d)

      is entitled to a pension commencement lump sum, a firm must proceed as if the requirement in COBS 19.4.4R(4) is not applicable.

COBS 19.9.13 G
  1. (1)

    COBS 19.9.12R is likely to apply where a retail client does not know, or cannot recall, if the retail client is entitled to a pension-related benefit.

  2. (2)

    A firm may wish to consider doing any of the following as part of taking reasonable steps to assist a retail client ascertain whether the retail client is entitled to a pension-related benefit:

    1. (a)

      suggesting the retail client locate any documentation which may contain relevant information about a pension-related benefit; and

    2. (b)

      encouraging the retail client to contact their existing pension provider for relevant information relating to a pension-related benefit.

  3. (3)

    COBS 19.9.12R does not apply to a firm that is a retail client’s current pension-related benefit provider because that firm will be in possession of information relevant to determining whether a retail client is entitled to a pension-related benefit.

Retail client’s consent to generate a market-leading pension annuity quote

COBS 19.9.14 G

Before generating a market-leading pension annuity quote a firm should consider whether it needs the consent of the retail client to use any personal data for the purposes of generating the quote.

COBS 19.9.15 R
  1. (1)

    This rule applies to a firm where the firm requires the retail client’s consent to the firm generating, on behalf of the retail client, a market-leading pension annuity quote and that consent is not obtained.

  2. (2)

    A firm must take reasonable steps to obtain a retail client’s consent.

  3. (3)

    Where this rule applies:

    1. (a)

      COBS 19.9.4R(7) and COBS 19.9.7R do not apply;

    2. (b)

      a firm must include information warning the retail client that a higher annual income might be obtained by searching the open market for a pension annuity; and

    3. (c)

      a firm must use the template in Part 3 of COBS 19 Annex 3R to provide the applicable pension annuity comparator information.

Medium of disclosure

COBS 19.9.16 R
  1. (1)

    A firm must provide the pension annuity comparator information in a durable medium or make the information available on a website (where that does not constitute a durable medium) that meets the website conditions.

  2. (2)

    If the requirement to provide the pension annuity comparator information arises during a telephone conversation with a retail client, a firm must:

    1. (a)

      orally provide the pension annuity comparator information over the telephone;

    2. (b)

      provide the pension annuity comparator information in a durable medium or make the information available on a website (where that does not constitute a durable medium) that meets the website conditions; and

    3. (c)

      conclude a sale of a pension annuity only if the retail client agrees to receiving the pension annuity comparator information referred to in (b) after the sale has been concluded.

  3. (3)

    If a firm provides the pension annuity comparator information on paper, it must use a single sheet of A4 paper.

  4. (4)

    The requirement in (3) to use a single sheet of paper does not apply if a retail client asks for the pension annuity comparator information to be provided in an accessible format and the fulfilment of that request will necessitate the use of more than a single sheet of A4 paper.

COBS 19 Annex 1 1Retirement risk warnings - steps to take

G

This annex belongs to COBS 19.7.

COBS19_Annex1_20150226

COBS 19 Annex 2 1Communications about options to access pension savings

G

This annex belongs to COBS 19.4

The definitions in COBS 19.4.1R are applied to these tables.

Table 1: Communications required to be made by the firm at specified times

Handbook reference

Matters to be communicated

Contents of communication

When

19.4.5R

Open market option statement

A statement satisfying the requirements of

1 COBS 19.4.6R , COBS 19.4.8R and COBS 19.4.10R

Trigger events specified at COBS 19.4.5R

19.4.9R

Reminder

A statement satisfying the requirements of

COBS 19.4.6R , COBS 19.4.8R and COBS 19.4.10R

At least six weeks before the client’s intended retirement date

Table 2: Requirements for other communications

Handbook reference

Subject of communication

Contents of communication

Trigger

19.4.12R

Pension annuity options

Information about how the client’s circumstances can affect pension annuity retirement income calculations and payments.

Firms may also be required to provide a key features illustration (COBS 14.2.1R) or signpost pensions guidance (COBS 19.4.16R).

Any communication with a client about their pension annuity options

19.4.14R

Drawdown pension

Relevant information about drawdown pension option.

A firm may also be required to provide a key features illustration (COBS 14.2.1R) or signpost pensions guidance (COBS 19.4.16R).

Any communication with a client about their drawdown pension options

19.4.14R

Uncrystallised funds pension lump sum

Relevant information about uncrystallised funds pension lump sum option.

Firms may also be required to provide a key features illustration (COBS 14.2.1R) or signpost pensions guidance (COBS 19.4.16R).

Any communication with a client about their uncrystallised funds pension lump sum options

19.4.15G

Communications about options to access pension savings

A firm should refer to the guidance in COBS 19.4.15G when communicating with a client about their options to access pension savings.

Firms may also be required to signpost pensions guidance (COBS 19.4.16R).

Any communication with a client about their options to access their pension savings

19.4.18R

Client applies to access pension savings

A firm must provide a description of the tax implications unless it is provided in accordance with COBS 14.2.1R.

Firms may be required to provide retirement risk warnings (COBS 19.7.7R).

Firms may also be required to signpost pensions guidance (COBS 19.4.16R).

Firm receives an application from a client to access pension savings

COBS 19 Annex 3 1Format for annuity information

This annex belongs to COBS 19.9.7R(3) and COBS 19.9.15R(3)(c).

1

Format of bar graph in the Part 1 template

1.1

Format of bar graph

1.1.1

When a firm is creating the two bar graphs as set out in Part 1, the firm must ensure:

(1)

the annual income offered by the pension annuity in the guaranteed quote is presented on the left hand side of the two bar graphs;

(2)

The y-axis must:

(a)

start with a monetary value which is £20 below the annual income of the pension annuity being offered by the firm in the guaranteed quote;

(b)

use a scale which clearly and fairly depicts the difference in annual income that a retail client will obtain if a market-leading pension annuity quote is accepted; and

(c)

not include any numbers or details which are not required by the rules in COBS 19.9 or the provisions of this annex.

Part 1: Template for cases where the guaranteed quote does not provide highest annual income

Where the guaranteed quote does not provide the highest annual income

cobs_19_ann_03_01_20180301

Part 2: Template for cases where the guaranteed quote, the guaranteed annuity rate, a guaranteed minimum pension or section 9(2B) rights offer the highest annual income

Where a guaranteed quote, a guaranteed annuity rate, a guaranteed minimum pension or section 9(2B) rights offers the highest annual income

cobs_19_ann_03_02_20180301

Part 3: Template for cases where the a retail client does not consent to a market-leading quote being generated

Where appropriate consent has not been given to allow a firm to generate a market-leading quote

cobs_19_ann_03_03_20180301

COBS 19 Annex 4A 1Appropriate pension transfer analysis

This annex belongs to COBS 19.1.2BR.

Appropriate pension transfer analysis

R

1

In preparing an appropriate pension transfer analysis, a firm must:

(1)

use rates of return which reflect the investment potential of the assets in which the retail client’s funds would be invested under the proposed arrangement;

(2)

where the proposed arrangement includes a UK lifetime pension annuity that is being purchased on normal terms, use the assumptions in COBS 19 Annex 4C 1R(2) to assess the benefits likely to be paid under the proposed arrangement;

(3)

use the assumptions in COBS 19 Annex 4C 1R(4) to project the level of income likely to be paid under the ceding arrangement at the point of retirement;

(4)

take into account:

(a)

the impact of the proposed transfer on the tax position of the retail client, particularly where there would be a financial impact from crossing a tax threshold or entering a new tax band;

(b)

the impact (if any) on the retail client’s access to state benefits;

(5)

have regard to the likely pattern of benefits that might be taken from both the ceding arrangement and the proposed arrangement;

(6)

undertake any comparisons of benefits and options consistently;

(7)

plan for a reasonable period beyond average life expectancy particularly where a longer period would better demonstrate the risk of funds not lasting throughout retirement;

(8)

consider how each of the arrangements would play a role in:

(a)

meeting the retail client’s income needs throughout retirement (relative to other means available to meet those needs);

(b)

the provision of death benefits, where relevant (including by providing comparisons on a fair and consistent basis between the ceding and proposed arrangements both at present and at various future points in time);

(9)

consider the trade-offs that may occur by prioritising differing client objectives (e.g. prioritising income needs throughout retirement over the provision of death benefits and vice-versa); and

(10)

use more cautious assumptions where appropriate.

G

2

(1)

When making assumptions about the rate of return under COBS 19 Annex 4A 1R(1), a firm should consider consistency with other assumptions (such as inflation and exchange rates).

(2)

COBS 19 Annex 4A 1R(1), 1R(2) and 1R(3) do not prevent a firm from preparing the appropriate pension transfer analysis on additional assumptions (such as to demonstrate variability of returns) as long as such analyses are not given more prominence than an analysis prepared in accordance with this Annex.

(3)

When providing an indication of life expectancy or mortality which is not linked to an annuity, firms should use appropriate published population statistics which allow for future cohort mortality improvements, such as those published by the Office for National Statistics.

(4)

When the proposed arrangement includes a pension annuity, the assumptions in COBS 19 Annex 4C 1R(2) may not always be relevant (for example, if the retail client is considering a transfer to access an impaired life annuity or an overseas annuity). In such circumstances the firm should assess the benefits likely to be paid under the proposed arrangement in an alternative way (for example by obtaining quotations).

Charges used for the appropriate pension transfer analysis

R

3

An appropriate pension transfer analysis must take account of all charges that may be incurred by the retail client as a result of a pension transfer or pension conversion and subsequent access to funds following such a transaction, other than:

(1)

adviser charges paid by a third party (e.g. an employer); and

(2)

adviser charges that would be payable whether the pension transfer or pension conversion happened or not.

G

4

The charges in COBS 19 Annex 4A 3R include, but are not limited to, any of the following:

(1)

product charges, including those on any investments within the product;

(2)

platform charges;

(3)

adviser charges in relation to the personal recommendation and subsequently during the pre-retirement period as well as at benefit crystallisation and beyond, where likely to be relevant; and

(4)

any other charges that may be incurred if amounts are subsequently withdrawn.

COBS 19 Annex 4B 1Transfer value comparator

This annex belongs to COBS 19.1.3AR.

Transfer value comparator

R

1

Where the retail client has 12 months or more before reaching normal retirement age under the rules of the ceding arrangement the firm must:

(1)

revalue the future income benefits in COBS 19.1.3AR(1) by projecting them to the date they would normally be paid in accordance with the assumptions in COBS 19 Annex 4C 1R(4);

(2)

determine the estimated future cost of the pension annuity in accordance with the assumptions in COBS 19 Annex 4C 1R(2); and

(3)

apply the rate of return and charges in COBS 19 Annex 4C 2R to the amount determined in (2) to determine the estimated value needed at the calculation date.

R

2

Where the retail client has less than 12 months before reaching normal retirement age under the rules of the ceding arrangement , the estimated value needed today to purchase the future income benefits using a pension annuity must be determined as the amount in COBS 19 Annex 4B 1R(2) multiplied by the ratio of (1) and (2) where:

(1)

is the open market cost of purchasing a pension annuity which offers increases in payment which are the nearest match to those in the ceding arrangement and

(2)

is the value of the pension annuity in (1) where the cost is determined in accordance with the assumptions in COBS 19 Annex 4C 1R(2).

G

3

(1)

COBS 19 Annex 4B 2R requires firms to adjust the estimated cost of purchasing the future income benefits using a pension annuity to a market related rate by allowing for the ratio of current market pricing to the theoretical value of the annuity which is the nearest match.

(2)

The pension annuity which is the nearest match for the scheme benefits should usually be taken as an index-linked pension annuity unless it can be shown that the majority of the benefits are not index-linked in some way.

COBS 19 Annex 4C 1Assumptions

This annex belongs to COBS 19.1.2BR and COBS 19.1.3AR.

Assumptions

R

1

(1)

A firm must use the assumptions in (2) when:

(a)

the proposed arrangement includes a pension annuity and COBS 19 Annex 4A 1R(2) applies; or

(b)

it determines the estimated cost of future income benefits as a pension annuity under COBS 19 Annex 4B 1R(2) or COBS 19 Annex 4B 2R(2).

(2)

The assumptions are:

(a)

the index-linked annuity interest rate for pension benefits linked to the RPI is the average of the previous 3 months’ intermediate rate of return in COBS 13 Annex 2 3.1R(6) for annuities linked to the RPI (using the 6th day of any month as the starting point for calculation purposes), but determined as if the annual provision applies on the 15th of each month;

(b)

the index-linked annuity interest rate for pension benefits linked to the CPI is the annuity rate in (a) plus 1.0%1;

(c)

the annuity interest rate is the average of the previous 3 months’intermediate rate of return in COBS 13 Annex 2 3.1R(6) for annuities with a level or fixed rate of increase (using the 6th day of any month as the starting point for calculation purposes), but determined as if the annual provision applies on the 15th of each month;

(d)

the annuity interest rate for post-retirement limited price indexation based on the RPI with maximum pension increases less than or equal to 3.5%, or with minimum pension increases more than or equal to 3.5%, is the rate in (c) allowing for increases at the maximum or minimum2 rate of pension increase respectively2; otherwise it is the rate in (a);

(e)

the annuity interest rate for post-retirement limited price indexation based on the CPI with maximum pension increases less than or equal to 2.5%1 or with minimum pension increases more than or equal to 3.0%2, is the rate in (c) above allowing for increases at the maximum or minimum2 rate of pension increase respectively2; otherwise it is the rate in (b) above;

1

(f)

the mortality rate used to determine the annuity is based on the year of birth rate derived from each of the Institute and Faculty of Actuaries’ Continuous Mortality Investigation tables PMA08 and PFA08 and including mortality improvements derived from each of the male and female annual mortality projections models, in equal parts;

(g)

the annuity expense allowance is:

4.0%

(3)

A firm must use the assumptions in (4) when it:

(a)

projects the level of income likely to be paid under the ceding arrangement at the point of retirement under COBS 19 Annex 4A 1R(3); or

(b)

revalues the future income benefits in COBS 19.1.3AR(1) by projecting them to the date they would normally be paid under COBS 19 Annex 4B 1R(1).

(4)

The assumptions are:

(a)

the RPI is:

3.0%1

(b)

the average earnings index and the rate for section 148 orders is:

3.5%1

(c)

for benefits linked to the RPI, the pre-retirement limited price indexation revaluation is:

3.0%1

(d)

for benefits linked to the CPI, the pre-retirement limited price indexation revaluation is:

2.0%

[Note: section 148 orders are orders made by the Secretary of State under section 148 of the Social Security Administration Act 1992. Section 148(7) of this Act provides that orders made previously under section 21 of the Social Security Pensions Act 1975 will be treated as orders made under section 148.]

Rate of return and charges

R

2

(1)

This rule applies for the purposes of COBS 19 Annex 4B 1R(3).

(2)

The rates of return for valuing future income benefits between the date of calculation and the date when the future income benefits would normally come into payment must be based on the fixed coupon yield on the UK FTSE Actuaries Indices for the appropriate term.

(3)

The product charges prior to future income benefits coming into payment must be assumed to be:

0.75%

Mortality rate

E

3

(1)

This rule applies for the purposes of COBS 19 Annex 4C 1R(2)(f).

(2)

For any year commencing 6 April, the male and female annual CMI Mortality Projections Models in the series CMI (20YY-2)_M_[1.25%] and CMI (20YY-2)_F_[1.25%], where YY-2 is the year of the Model, should be used.

(3)

Contravention of (2) may be relied on as tending to establish contravention of the rule referred to in (1).

COBS 19 Annex 5 1Format for provision of transfer value comparator

This annex belongs to COBS 19.1.3AR.

1

1.1 The first page of the transfer value comparator must follow the format and wording shown in Table 1, except that alternative colours may be used in the chart and the scale of the charts may be changed (as long as the y-axis starts at £0). Note that the figures in Table 1 are used for illustration only.

1.2 Where COBS 19 Annex 4B 1R applies (where the retail client has 12 months or more before reaching normal retirement age), the second page of the transfer value comparator must contain the notes set out at Table 2.

1.3 Where COBS 19 Annex 4B 2R applies (where the retail client has less than 12 months before reaching normal retirement age), the second page of the transfer value comparator must contain the notes set out at Table 3.

cobs_19_annex_5_table_1_20181001
cobs_19_annex_5_tables_2_and_3_20181001