Requirement for appropriate independent advice on DB to DC transfers

Published by a LexisNexis Pensions expert
Practice notes

Requirement for appropriate independent advice on DB to DC transfers

Published by a LexisNexis Pensions expert

Practice notes
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On 6 April 2015, pension freedoms were introduced allowing members with flexible benefits (essentially, money purchase benefits and cash balance benefits) to access their pension pots in more ways than before, including by way of drawdown or by taking one or more lump sums known as uncrystallised funds pension lump sums (UFPLSs).

These pension freedoms do not apply to safeguarded benefits (essentially, defined benefits (DB) and other benefits that are not money purchase or cash balance).

For further information on the pension freedoms, see Practice Note: Pension freedoms—an introduction.

For further information on which benefits constitute a safeguarded benefit and which ones do not, see Practice Note: Flexible benefits vs safeguarded benefits.

Safeguards introduced on 6 April 2015

The government recognised that the appeal of the pension freedoms (in particular the ability to take one's pension pot in one or more UFPLSs) might have led to an increase in transfer-out requests from members with safeguarded benefits to flexible benefit schemes. The government was concerned that such transfer outs could have a detrimental impact

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Jurisdiction(s):
United Kingdom
Key definition:
Appropriate independent advice definition
What does Appropriate independent advice mean?

Under the Pension Schemes Act 2015 and underlying regulations, 'appropriate independent advice' is defined as advice that is: • given by an authorised independent adviser who has permission under the financial services and markets act 2000 to carry out the regulated activity of advising on the conversion or transfer of pension benefits, and • specific to the transfer payment, conversion of benefits or payment of a lump sum proposed by the member or survivor

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