July 2022

UK. Govt urged to allow Nest to offer drawdown

The government has been told to amend legislation to allow Nest members to drawdown their pension pot, as well as extending investment pathways to trust-based schemes. The Investment and Saving Alliance made this suggestion in its response to a call for evidence on savers’ understanding of their pensions, which closed on July 25. The Department for Work and Pensions said that it wanted to understand what support and decumulation products are offered to members, along with what might be offered to...

Brazilian insurance regulator publishes guidelines on sustainability requirements for the insurance sector

The Brazilian Superintendence of Private Insurance (“SUSEP”) published Regulation No. 666/2022, setting forth sustainability requirements applicable to the Brazilian insurance sector. Its goal is to establish guidelines for management of risks that are directly related to ESG policies of insurance and capitalization companies, local reinsurers and pension funds. Pursuant to the new requirements, regulated entities must ensure that sustainability risks are properly managed, particularly by preparing a triennial materiality assessment identifying, assessing and classifying the risks to which the entities...

The Unbearable Lightness of the Reform of the Pension System

By Hans van Meerten & Sanne Vlastuin In this article, Hans van Meerten (Professor of European Pension Law at Utrecht University) and Sanne Vlastuin (Master's Student in Private Law at Utrecht University) discuss the transition to a new Dutch pension system. In particular, they pay attention to European law aspects that could be problematic in this light, including the pension participant as consumer and the information gap of pension participants. More is needed to make the envisaged pension system EU-proof...

UK. Minister calls on pension schemes to get “data ready” for dashboards

The calls come as the government publishes its response to a consultation which gathered feedback from industry, potential providers, consumer groups and future users on what data should be included and how this should be displayed to people. Bringing pensions into the digital age, dashboards will allow savers to see what they have in their various pensions – including their State Pension – in a single place online, at any time they choose. Ten years since the introduction of Automatic Enrolment...

UK. FCA appoints new chair

Ashley Alder has been announced by HM Treasury as the new chair of the Financial Conduct Authority (FCA) and is expected to take up the role in January 2023, taking over from Richard Lloyd who has served as interim chair since May 2022. Alder is currently chief executive officer of the Securities and Future Commission (SFC) in Hong Kong, a role he has held since 2011, and also chairs the board of the International Organisation of Securities Commissions (IOSCO) and...

UK. Guy Opperman reappointed pensions minister

Guy Opperman has agreed to return to his pensions minister post until a new leader of the Conservative party is elected. Opperman announced his reappointment as parliamentary under secretary of state at the Department for Work and Pensions on Twitter on July 8, a day after resigning from his post when he said the government could no longer function and asked prime minister Boris Johnson to step down from office. “[I] have agreed to help DWP navigate the next few weeks,...

U.K. pensions minister Guy Opperman resigns

Guy Opperman, the U.K.'s longest-serving pensions minister, resigned Thursday amid a wave of top officials departing in the lead up to Prime Minister Boris Johnson stepping down. In his resignation letter to Mr. Johnson, Mr. Opperman said that the U.K. government "simply cannot function with you in charge." "It should not take the resignation of 50 colleagues, but sadly the PM has left us no choice. He should resign," Mr. Opperman said in the letter. Mr. Opperman became parliamentary under secretary of...

German regulator adds more guidelines for occupational schemes’ risk assessment reports

The German financial supervisory authority, BaFin, has released further guidelines for occupational pension schemes to improve their own risk assessment reports, which that are so far not in line with the requirements set by the regulator. IORPs are not meeting the minimum requirements specified in the circular 09/2020 (VA), that provides information on the interpretation of regulations on own risk assessment (ERB) according to paragraph 234d of the Insurance Supervision Act (VAG). The ERB circular recommends occupational schemes to structure risk...

June 2022

India. PFRDA to go fully digital in operations, invites bids from IT vendors to launch tech project

Pension fund regulator PFRDA has initiated steps to digitise its operations through the 'Technology Architecture (TARCH) Project', inviting bids from IT solutions providers to launch the project. PFRDA's most of the operations are currently manual in nature, and digitisation is partial. PFRDA has decided to digitise and automate its operations through Technology Architecture (TARCH) Project, which is envisioned to be a modular and API (Application Programming Interface) based platform, PFRDA said in a bid document seeking interest from reputed IT...

US. New IRS Pre-Examination Retirement Plan Compliance Program

The Internal Revenue Service recently announced a new pilot pre-examination retirement plan compliance program initiated in June. If you are a plan sponsor, do not play ostrich should you receive an IRS Pre-Examination Retirement Plan Notice. Failure to respond timely to the pre-examination notice may result in larger legal, accounting and/or audit fees and the imposition of larger sanctions. Under the new program you have 90 days to do a self-audit of the plan that is the subject of the...