February 2025

UK. Bereaved families asked to return pension overpayments

Bereaved relatives have been asked to repay state pensions that were wrongly sent to people who have died by the Department for Work and Pensions (DWP). The DWP has confirmed it has no legal right to reclaim the money but argues that it does so to protect public funds. Former Pensions Minister Sir Steve Webb says the letter the department sends out to families does not make it clear the repayments are voluntary. Over the past five years, the DWP mistakenly paid more...

UK. Pensions inheritance tax raid to punish 150,000 families with higher bills

Labour’s pensions inheritance tax raid will hit 150,000 grieving families with higher death duty bills, figures show. Rachel Reeves’s decision to apply inheritance tax to pension wealth from April 2027 will drag 31,200 families into paying the levy for the first time by 2030, according to data obtained through a Freedom of Information request. Some 121,500 families that already pay inheritance tax will also see their bills rise as a result of the change. The policy means that estates with relatively modest assets...

UK. DWP Fraud Crackdown: Bank Data Access and Travel Monitoring Spark Debate

Wide-ranging new powers, including access to bank data and collaboration with outside organisations like airlines, are expected to be granted to the Department for Work and Pensions (DWP) in order to combat benefit fraud. Critics caution that these tactics could result in widespread surveillance and the degradation of civil freedoms, despite the government’s insistence that they target fraudsters. The Public Authorities (Fraud, Error and Recovery) measure is a new measure that aims to modernise the DWP’s information-gathering capabilities so that...

Australia. SMSFA calls for urgent review of pension tax ruling

The SMSF Association has called on the government to urgently review Tax Ruling 2013/5A1, saying the commissioner’s view on when a pension ceases due to the failure to make minimum pension payments remains problematic. In a submission in collaboration with the joint bodies, the SMSFA said TR 2013/5 lacks clear legislative backing, and its reliance on regulation 1.06(9A) appears to be an overreach, adding unnecessary complexity without providing practical benefit. The addendum to TR2013/5 deals with when a superannuation income stream...

Hong Kong. HSBC warning as thousands locked out of pensions with no access to savings

HSBC is refusing to transfer £978million in pension savings belonging to thousands of Hong Kong exiles who have fled to Britain. The FTSE 100 bank is withholding funds from tens of thousands of former Hong Kong residents who sought refuge in the UK following pro-democracy protests and the introduction of national security laws. The banking giant, which has its headquarters in London but maintains significant operations in China, claims legal barriers prevent it from releasing the pension funds to those who...

January 2025

US. DOL Issues New Guidance Streamlining the Voluntary Fiduciary Correction Program

Seyfarth Synopsis: The Department of Labor (DOL) has issued a much awaited amendment to its Voluntary Fiduciary Correction Program (VFC Program). Notably, the amendment adds a self-correction feature for the delinquent transmittal of participant contributions and loan repayments under certain circumstances. This self-correction program allows plan fiduciaries, including plan sponsors, to correct these types of transactions without the additional hassle and expense of formally submitting an application with the DOL’s Employee Benefits Security Administration (EBSA) for approval and relief. Background The...

US. More than 4 in 5 retirement plans have at least one regulatory ‘red flag’ violation

More than 4 in 5 workplace retirement plans in the U.S. (84%) have at least one regulatory “red flag” violation that could put them at risk of fines, legal penalties or fiduciary failure, according to consultant Abernathy Daley 401k Consultants. Of the nearly 765,000 defined contribution plans analyzed, 43% had at least one “regulatory infraction red flag” or RIRF, the most severe type of violation that could result in civil legal penalties, discovery leading to trial, or both, Abernathy said. RIRF...

UK. Pensions experts react to government’s DB surplus plan

Pensions experts have largely welcomed new proposals from the government to allow surplus funds in DB schemes to be invested in the wider economy. It intends to allow part of a DB fund surplus to be returned to the employer for them to invest in their core business, or bolster pension-scheme members’ benefits. However, Rachel Vahey – head of public policy at AJ Bell – said in doing so, the government is “encouraging trustees to take risks with other people’s money”. TPR...

Trump’s DEI pushback targets universities, foundations and other institutional investors

The Trump administration’s pushback against diversity, equity and inclusion is now targeting universities, foundations and public companies — a new development in the movement to dismantle DEI. President Donald Trump signed an executive order on Jan. 21 in which he calls for “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences.” That order mandates federal agencies determine which universities, foundations and corporations should be investigated for their DEI policies, among other things. Specifically, the order directs each agency to identify up...

UK. Reeves set to announce plans for DB pension surplus rule changes

Chancellor, Rachel Reeves, is expected to reveal a range of initiatives to promote economic growth later this week, including plans to make it easier for sponsors of defined benefit (DB) pension schemes to access surplus funds, Sky News has reported. According to the reports, Reeves is set to announce that she wants to change DB surplus rules to boost investment in the UK economy, with government sources suggesting that this could unlock more than £60bn of pension surpluses held in DB schemes. At...