SUP App 2.15 1Run-off plans for closed with-profits funds

The run-off plan required by COBS 20.2.53 R3 should include the information described in SUP App 2.15.2 G to SUP App 2.15.13 G in respect of the relevant with-profits fund.

A firm's run-off plan should describe how the firm proposes to manage the run-off of the with-profits fund. That description should include:

1. (1)

   details of the expected duration and costs of fully running off the fund's liabilities;

2. (2)

   an explanation as to how a solvent run-off will be funded; and

3. (3)

   details of the firm's future strategy for managing the risks associated with the run-off of the fund.

A firm's run-off plan should include an explanation of its future investment strategy, including:

1. (1)

   its strategy for matching the with-profits fund's liabilities with appropriate assets; and

2. (2)

   any changes it expects to make to the with-profits fund's investment strategy as a result of the closure of the with-profits fund, including any changes to the proportions of different types of investments.

A firm's run-off plan should include an explanation of its strategy for managing the with-profits fund's counterparty and credit risk, both within and external to the firm's group.

A firm's run-off plan should show how it will address any additional operational risks that may flow from the closure of the with-profits fund, including:

1. (1)

   any changes that it proposes to make to staffing arrangements for the run-off;

2. (2)

   an estimate of the cost of proposed operational changes, including redundancy costs; and

3. (3)

   any material outsourcing arrangements it proposes to enter into, explaining how the firm will address any specific operational risks created by those arrangements.

A firm's run-off plan should explain how it will use and manage reinsurance (if it will), including:

1. (1)

   any new inwards or outwards reinsurance it proposes to enter into as a result of the closure of the with-profits fund identifying, in each case, the proposed counterparty and the counterparty's relationship to the firm's group (if any); and

2. (2)

   how it will manage the risk that the reinsurance in (1) will not perform as expected.

A firm's run-off plan should include:

1. (1)

   details of any changes that will be made to the firm's corporate governance arrangements as a consequence of closure;

2. (2)

   an explanation of how costs charged to the with-profits fund may change in the light of closure;

3. (3)

   an explanation of any changes it will make, as a consequence of closure, to any charges for guarantees, including:

   1. (a)

      the circumstances in which those charges may be varied in the future; or

   2. (b)

      the manner by which the level of any appropriate variation to those charges may be determined;

4. (4)

   an explanation of any actual or potential changes in the maturity payment or surrender payment target ranges that the firm will apply to determine benefits under its with-profits policies;

5. (5)

   an explanation of any actual or potential changes in the firm's smoothing policy as a consequence of closure;

6. (6)

   an explanation of any changes to the firm's projection rates as a consequence of closure;

7. (7)

   details of any new deductions to be made from the firm's surrender payments, together with an explanation as to how those deductions are consistent with:

   1. (a)

      Principle 6 (Customers' interests); and

   2. (b)

      COBS 20.2.11 G to COBS 20.2.16 R3 (Amounts payable under with-profits policies: Surrender payments);

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8. (8)

   if there are groups of unitised with-profits policies in the with-profits fund with similar market value reduction free dates, an explanation as to whether:

   1. (a)

      the firm expects surrenders to peak around any of those dates; and

   2. (b)

      if it does, how it proposes to deal with those peaks;

9. (9)

   details of the information that the firm gives to its with-profits policyholders about their right (if any) to use the proceeds of a personal pension scheme, stakeholder pension scheme, FSAVC, retirement annuity contract or pension buy-out contract to purchase an annuity on the open market when the relevant contracts or schemes vest or mature 3 and any changes that will be made to that information as a result of the closure;

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10. (10)

    details of how the firm will deal with any potential mis-selling costs that may arise in the future in respect of contracts of insurance effected in the with-profits fund;

11. (11)

    an explanation of how the firm:

    1. (a)

       anticipates capital will become available for distribution to policyholders (and shareholders where appropriate); and

    2. (b)

       will ensure a full and fair distribution of the closed with-profits fund, including any inherited estate;

    including details of:

    1. (c)

       how the firm plans to provide in the long term for annuity payments on any with-profits and non-profits policies under which benefits have vested;

    2. (d)

       how the firm will address future adverse circumstances in relation to these (e.g. increased annuitant longevity); and

    3. (e)

       details of the firm's plans for distributing the embedded value in any major subsidiaries held in or by the closed with-profits fund;

12. (12)

    an explanation of any material differences between the firm's run-off plan and relevant parts of its PPFM, together with details of any changes that will be made to the PPFM as a consequence of closure (The firm should provide the FCA with a copy of the revised sections of its PPFM when it submits its run-off plan.);

13. (13)

    an explanation of whether the firm will be seeking to expand any other business following closure of the with-profits fund. (This explanation should include whether the firm will effect any new with-profits policies in a different with-profits fund and whether it will seek to expand its unit-linked or non-profit insurance business. It should also include an explanation of how such plans will impact on the closed with-profits fund. For example, will the firm offer policyholders in the closed with-profits fund the opportunity to switch into another with-profits fund or into unit-linked business?)

A firm, other than a Solvency II firm, should include in its run-off plan:4

1. (1)

   a forecast summary revenue account for the with-profits fund, in the form of SUP App 2.15.9 G Table 1;

2. (2)

   a forecast summary balance sheet and statement of solvency for the with-profits fund, which has been prepared in the form of SUP App 2.15.9 G Table 2 and on a regulatory basis; and

3. (3)

   a forecast summary balance sheet and statement of solvency for the entire firm, which has been prepared in the form of SUP App 2.15.9 G Table 3 and on a regulatory basis;

in each case, for at least a three year period, beginning on the date of closure; and

1. (4)

   a description of the assumptions underlying the forecasts at (1) to (3) and the reasons for adopting those assumptions.

4A Solvency II firm should include the following information in its run off plan, except in the circumstances set out in SUP App 2.15.8B G:

1. (1)

   a forecast summary revenue account for the with-profits fund, in accordance with SUP App 2.12.7 R;

2. (2)

   a forecast summary balance sheet and “eligible own funds” as defined in the PRA Rulebook: Glossary and any notional SCR for the with-profits fund, in accordance with SUP App 2.12.8 R; and

3. (3)

   “eligible own funds”, “MCR” (as those terms are defined in the PRA Rulebook: Glossary), forecast summary balance sheet and SCR for the entire firm, in accordance with SUP App 2.12.8 R and SUP App 2.12.9 R;

in each case, for at least a three-year period, beginning on the date of closure.

4Delegated acts or implementing technical standards may be adopted under article 35(6) and (7) of the Solvency II Directive in relation, among other things, to run-off plans. In that event Solvency II firms should comply with those acts and standards to the extent that they supersede SUP App 2.15.8A G.

The run-off plan of a firm to which INSPRU 7 applies4 should include:

1. (1)

   a revised individual capital assessment for the firm (see INSPRU 7.12), which reflects the impact of the closure of the relevant with-profits fund; or

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2. (2)

   a statement that the firm is satisfied that the closure will not materially affect the firm's most recent assessment.

A firm's run-off plan should include details of any:

1. (1)

   intra-group balances held by the with-profits fund;

2. (2)

   group company investments held by the with-profits fund; and

3. (3)

   guarantees given by the firm;

which, in each case, have a value in excess of 5% of the firm's gross technical provisions.

A firm's run-off plan should include any other information that the firm considers relevant to the run-off of the closed with-profits fund.

Either regulator7 may request additional information and explanations from the firm. (See section 165 (Regulators'7 power to require information) of the Act.)

Significant changes to, or departures from, a firm's run-off plan are likely to trigger one or more of the firm's obligations to notify the FCA. (See, for example, Principle 11 (Relations with regulators). The guidance in SUP 15.3 (General notification requirements) may also be relevant.)