Your IndustryMar 3 2016

Guide to advising on pensions and equality

pfs-logo
cisi-logo
CPD
Approx.60min
  • What is the law on pensions and equality
  • What are some schemes still doing?
  • How can advisers help overcome this issue?

Guide to advising on pensions and equality

  • What is the law on pensions and equality
  • What are some schemes still doing?
  • How can advisers help overcome this issue?
pfs-logo
cisi-logo
CPD
Approx.60min
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Introduction

By Simoney Kyriakou
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The case featured heterosexual couple Rebecca Steinfeld and her partner Charles Keidan, who want to enter a civil partnership to secure the formal rights, benefits and protections that come with that status, rather than to get married.

Their objection to marriage on grounds it is a ‘patriarchal’ institition, cut no ice with judge Justice Andrews who said as the Civil Partnership Act 2004 only applied to same-sex couples, then Ms Steinfeld and Mr Keidan could not benefit from any financial benefits, such as pension rights, unless they chose to get married.

Although they were unsuccessful, and intend to appeal, parliamentarians have taken up the cause.

Tim Loughton, Conservative MP for Worthing East and Shoreham, has seen his 10-minute rule bill, which is calling on the government to extend civil partnerships to all couples, pass its second reading in the House of Commons in January this year.

The couple have also launched a petition on Change.org, calling on equalities minister Nicky Morgan to open civil partnerships to all, which already garnered 65,754 signatures (as at the time of writing).

While the issue highlights the thousands of heterosexual couples living together but not equal under law when it comes to financial protection and benefits, a little digging reveals inequality also prevails in the case of survivor’s pension rights.

Nearly 20 years of lobbying and several acts of parliament have sought to remove barriers to same-sex couples receiving the same rights and protections as married heterosexual couples.

Yet many gay people in civil partnerships and those who are married under the Marriage (Same Sex Couples) Act 2013 are still at risk of financial penalty, thanks to an outdated pensions industry that either cannot, or will not, improve systems and processes to ensure complete parity.

Moreover, the law does not require them to do so; they could, but they do not have to.

This guide will aim to explore the changing legislation to state and company pensions in light of various equality acts; the problem with backdating pension rights and entitlements; ongoing issues with survivor’s pensions; and how advisers can help their same-sex clients - and heterosexual couples living together but not married - secure a financially stable retirement.

Supporting material supplied by: The Public and Commercial Services Union; Robin Ellison, consultant for Pinsent Masons and professor of pensions law and economics for Cass Business School; Steve Webb, head of policy for Royal London; David Trenner, director of Intelligent Pensions; Alistair McQueen, savings and retirement manager for Aviva; Robert Graves, head of pensions technical service for Rowanmoor; and Clare Moffat, technical manager for Prudential.

simoney.kyriakou@ft.com

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