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Green Paper on Pension Reform FEATURES OF THE REFORMS |
ENHANCEMENT OF THE BASIC SOCIAL SECURITY SYSTEM (NIS)
Changes in the Required Funding Levels
The Provision of More Meaningful Benefits
Unisex Retirement Age
Improving the Administration of the Scheme
REGULATION OF OCCUPATIONAL PENSION SCHEMES AND APPROVED
RETIREMENT SCHEMES
REGULATING PENSION AND SUPERANNUATION SCHEMES
The Role of the Government
Enactment of Comprehensive Pensions Legislation
Licensing and Registration Requirements
Registration of Pension Funds
Information Requirements
Investment Criteria
Ownership of Assets
Trust Deed and Rules
Retirement Age
Beneficiary Designation
Plan Winding-Up
Offences and Penalties
The Creation of an Independent Regulatory Body
The Development of Provisions which Enable self-employed Persons and Persons in Non-Pensionable Employment to Effectively Provide for their Retirement
The Development of Provisions for Parental Pensions
Preservation of Deferred Entitlement/Portability of Pension Rights Indexation of Pensions
FEATURES OF THE REFORMS
The planned reforms to the Pension System have been
designed so as to account for the peculiarities of the Jamaican economic and financial
climate, and the socio-economic culture. The major goals of the reforms are expected to be
achieved through the enactment of comprehensive legislation governing the pension system
in Jamaica. However, a number of changes will also have to be made to certain sections of
the National Insurance and Income Tax Acts, so as to ensure that a consistent legal
framework will be maintained. As such, the reform of the Pensions System will to some
extent, be a collaborative effort between the Ministry of Finance and Planning, and the
Ministry of Labor, Social Security and Sport.
N.B. Normal criminal proceeding will continue to apply,
and the Trustees' responsibility under Trust law will not be affected.
The major features of the reforms are as follows:
ENHANCEMENT OF THE BASIC SOCIAL SECURITY SYSTEM (NIS)
One of the factors in ensuring that persons receive an
adequate pension throughout their retirement, is the development of an effective minimum
compulsory pension plan. Such a plan, when applied universally, allows workers through
mandatory contributions to save at least a minimal amount of their earnings for their
retirement.
The National Insurance Scheme (NIS) was established in
1966 to provide the first level of basic retirement income. The scheme is inherently a
minimum compulsory plan, which is universal, providing automatic coverage and compulsory
contributions for employed persons, and the legal requirement that self-employed persons
be registered contributors under the scheme. It also offers a wide range of retirement and
death/disability benefits to retirees and their beneficiaries. Thus, through the NIS, the
basic structure and principles of the desired minimum compulsory plan have already been
developed and are operational.
However, it is well known that despite recent
improvements, the flat rate benefits available from the NIS are grossly inadequate to meet
even the basic needs of the average retiree. The problem is exacerbated by the
administrative inefficiency, which plagues the scheme.
Although there have been periodic uplifts of the cap (that
is, that portion of wages on which NIS contributions are levied and on which benefits are
calculated), these have been infrequent. It is therefore necessary to enhance and further
develop the NIS so as to enable it to provide the required level of service. Higher
contributions and administrative efficiency are to be focused on as the means through
which more meaningful benefits can be provided. The planned reforms have been structured
so as to ensure that all existing rights under the scheme will be preserved.
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The enhancement of the NIS will involve:
Changes in the Required Funding
Levels
The flat rate benefits available from the NIS are
grossly inadequate to meet even the basic needs of the average retiree. This is largely
due to the fact that the current NIS contribution ceilings inhibit the resources available
for investment and payment of benefits. Therefore, although the National Insurance Fund is
properly invested, the amount to be distributed on a continuous basis to the nation's
retirees (both the elderly and the disabled) and their beneficiaries is unrealistic.
Currently, a wage-related contribution by the employees of
2 1/2% of their earnings is matched by an equal amount by their employers. This is subject
to a maximum of $250,000 per annum ($20,833 per month/$4,810 per week) on the amount of
salary from which the wage-related deductions are made. Thus, maximum contributions are
$120 per week ($480 per month).
The mandatory contributions need to be modified in order
to increase the amount of money that is invested in the NIF. Three viable methods of
improvement are:
- Retain the wage-related contribution by employees at 2 1/2%
of salaries/earnings and employers at 2 1/2% but remove the existing cap for insurable
wages; or
- Retain the wage-related contribution by employees at 2 1/2%
of salaries/earnings and employers at 2 1/2% and raise the cap for insurable wages from
$250,000 per annum ($20,833 per month/$4,810 per week) to for example:
| |
|
| $999,960 per
annum |
($83,330 per month/$19,230 per
week); or |
| $1,499,992 per
annum |
($124,999 per month/$28,846 per
week); or |
| $1,999,972 per
annum |
($166,664 per month/$38,461 per
week); or |
- Raise the wage-related contribution rate to for example 3%
salaries/earnings for both employees and employers and raise the cap to for example
$999,960 per annum ($83,330 per month/$19,230 per week)
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The Provision of More
Meaningful Benefits
One of the most significant achievements of the NIS is the wide range of benefits
it has been able to offer, including:
- Old-age retirement pensions;
- Funeral grants;
- Invalidity and disablement benefits;
- Employment injury benefits;
- Maternity, special children's, and orphan's benefits; and
- Widow's/widower's benefits.
Most of these benefits are linked to the total
contribution by and in respect of employees. Increases in contribution levels
willautomatically increase the wage-related benefits. Periodical increases in the
flat-rate benefits will also continue.
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Unisex Retirement Age
Presently the National Insurance Act sets different ages at which males and
females may qualify for old age pensions, that is, ages 60 - 64 for females if retired,
but age 65 whether or not retired, and ages 65 - 69 for males if retired, but age 70
whether or not retired.
It is proposed to unify the ages for the disbursement of
old age pensions under the NIS by appropriate amendments to the Act. It is suggested that
over a five year interval, starting at, for example, the year 2000, the minimum age at
which women would qualify for old age pensions, should increase by one year, each year, so
that by the year 2005 the minimum age at which both men and women would qualify for old
age pensions, if retired, would be 65 and age 70 whether or not retired.
The table below illustrates:
| Years |
Minimum Age at which Women may Qualify for Old Age Pensions if
retired |
| 2000 |
60 |
| 2001 |
61 |
| 2002 |
62 |
| 2003 |
63 |
| 2004 |
64 |
| 2005 |
65 |
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Improving the Administration of
the Scheme
One of the most common complaints associated with the NIS
is the inordinate length of time which persons are forced to wait between the claim and
receipt of benefits.
In addition to the planned reforms, the Ministry of Labor,
Social Security and Sports should be encouraged to develop means through which the
administration of the scheme can be improved. This is with a view to significantly
increasing the administrative efficiency of the scheme, ensuring that prudent management
prevails, and enforcing the principle of accountability within the operation of the
scheme.
More specifically, it is being suggested that the National
Insurance Law be amended to include provisions which:
- Require that pensions and benefits under the NIS be paid
within a prescribed, reasonable amount of time; and
- Subject the NIS to similar information requirements as will
be enforced upon the Private Pension and Superannuation Schemes.
In addition to expediting the provision of benefits under
the NIS, the planned reforms have to ensure that all the resources allocated to the NIF
are collected. Here, the employer's role is integral, as he is the withholding agent,
responsible to pay the contributions deducted from the salaries of his employees, as well
as the required employer's contribution.
This is an obligation which has not always been taken
seriously by many employers, often resulting in the misappropriation of large amounts of
funds destined to the NIF. Hence, it is being suggested that the National Insurance Act be
amended to include compliance provisions similar to those included in the GCT Act.
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REGULATION OF OCCUPATIONAL PENSION SCHEMES
AND APPROVED RETIREMENT SCHEMES
Occupational Pension Schemes and Approved Retirement
Schemes are the popular means used to supplement the benefits payable under the minimum
compulsory plan. The second major feature of the planned reforms focuses on these schemes
so as to ensure that all pension and superannuation schemes established in Jamaica will
operate within an effective legal framework. The legislation will seek to protect the
rights of the contributors and the retirees without inhibiting the possible array of
schemes.
The reform will involve:
- the regulation of pension and superannuation schemes
covering private and public sector employees, including the introduction of mandatory
vesting; and
- the creation of funded schemes for Public Servants.
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More details are given below:
REGULATING PENSION AND SUPERANNUATION
SCHEMES
The following areas are vital to the achievement of this
objective:
The Role of the Government
One of the major objectives of the reform of the pensions
system, is the governance of pension schemes established in Jamaica, to ensure
accountability, solvency and the protection of contributors' and pensioners' interests.
The commitment of the Government to this objective is reflected in the regulatory aspects
of the system. This task involves setting the rules for the proper operation of the
system, and enforcing them. More specifically, the Government will ensure that the
following areas are addressed:
- The Enactment of Comprehensive Pensions Legislation (The
National Pensions Act);
- The Creation of an Independent Regulatory Body (The
Pensions Commission);
- The Development of Provisions which enable self-employed
Persons and Persons in Non-Pensionable Employment to effectively provide for their
retirement; and
- The Development of Provisions for Parental Pensions.
Enactment of Comprehensive
Pensions Legislation
The legislation to be enacted must be sufficiently
comprehensive so as to protect the members' interests, without stifling initiative. The
following will be dealt with: Licensing and Registration Requirements
- All approved pension funds established in Jamaica must be
registered with the Pensions Commission.
- All managers/administrators of Pension funds must be
licensed.
- All trustees of Pension Funds must be registered by the
Pensions Commission.
- Licenses/Registration can be canceled/revoked for
cause/refused.
Licensing of Institutional Investors
All institutional investors of pension funds must be
licensed by the Pensions Commission, in accordance with the following criteria:
- the applicant's adherence to standards of sound business
and financial practices in its operations;
- the ability of the applicant to meet the legislated fit and
proper requirements with respect to key personnel.
- the strength and quality of the applicant's management;
- the adequacy of the applicant's capital.
'Fit and Proper Persons' Requirements to be applied in the
licensing of Trustees, Managers and Institutional Investors
In processing applications for licenses, the Pensions
Commission will evaluate the Trustees, Managers, and prescribed key employees of the
Institutional Investors, based on, inter alia, the 'Fit and Proper Persons' requirements
outlined below:
- the person shall not have been convicted of an offence
involving dishonesty, whether in Jamaica or elsewhere;
- the person is not an undischarged bankrupt;
- the person's employment record and business conduct and
dealings do not give the Pensions Commission reasonable cause to believe that the person
carried out any act involving dishonesty or impropriety;
- the person, in the opinion of the Pensions Commission, is
of sound probity, is able to exercise competence, diligence and sound judgement in
fulfilling his responsibilities in relation to the pension fund, and whose relationship
with the fund will not threaten the interests of the members; and for the purpose of this
paragraph the Commission shall have regard to any evidence that he has:
- engaged in any business practices appearing to the
Commission to be deceitful or oppressive or otherwise improper, and which reflect
discredit to his method of conducting business;
- contravened any provision of any enactment designed for the
protection of the public against financial loss due to dishonesty, incompetence or
malpractice by persons concerned in the provision of financial services, or in the
management of companies or due to bankruptcy.
- the person is not mentally unsound.
Registration of Pension Funds
The Trustees of a pension fund will have to apply to the
Pensions Commission for registration of that fund. In processing the application, the
Pensions Commission will evaluate the fund based on the criteria outlined in part (iv)
below.
If ALL the requirements are met, and both the Trustees and
Managers of the fund have been appropriately licensed, the Pension Fund will be registered
to legally operate in Jamaica. Application for tax exemption must be preceded by
registration.
Conditions for Registration of Pension Schemes
The Pensions Commission shall not register a pension
scheme unless the scheme satisfies all the conditions set out below. The conditions are
that:
- The pension scheme shall be established in Jamaica in
connection with some trade or undertaking carried on solely or partly in Jamaica.
- The pension fund is bona fide established under irrevocable
trust.
- The principal purpose of the scheme must be the provision
of a pension (or an annuity) on retirement at a specified age or ages or upon earlier
retirement as provided for in special circumstances.
- The specified normal retirement age shall not be less than
age 60 years, with provisions for earlier/later retirement in special circumstances. Early
retirement should be allowed no earlier than 10 years before the normal retirement age
except on ill-health grounds.
- The maximum rate of pension accrual is 2% of final pay per
year of service.
- The maximum pension must not exceed the limits Statutorily
prescribed from time to time. It has been recommended that the maximum annual pension must
not exceed the limit on retirement of 75% of salary (as defined in the Income Tax Act) at
retirement after a minimum 37 1/2 years of service with the employer/employers, or
proportionately less for shorter service.
- Pension increases may be granted above this level after the
date of retirement, but not exceeding annual changes in the CPI.
- Lump-sum benefits may be provided on death, but must not
exceed the higher of 2 years' salary and the member's contributions accumulated with
interest.
- Lump-sum benefits on termination of employment:
- vested member - nil
- non-vested member - refund of the member's own
contributions accumulated with interest.
- Lump sums at retirement in commutation of up to 1/4 of the
pension should be allowed. The maximum lump sum should not exceed 12.5 x (1/4 of the
pension). Small pensions may be commuted in full.
- Reckonable years of service with a previous employer, or
other added years, in respect of transfer values brought in, must be allowed.
- Enhancements for disability/ill-health retirement should be
allowed.
- The sponsoring employer must be a contributor to the
pension scheme.
- In no circumstance, may a cash amount representing the
employer's contribution, be paid to the employee.
- In no circumstance, may any amount be paid by way of
repayment of an employee's contributions to an employee who has more than 5 years'
membership in a scheme. If an employee has more than 5 years' membership in the scheme
then the accrued benefit entitlement must be preserved in the scheme and paid as a benefit
on retirement or, alternatively, the value of the preserved benefits can be transferred to
another registered scheme the employee is joining, or a registered Approved Retirement
Scheme. This preservation requirement will only apply to years of membership, and
contributions, after the effective date. Refunds of employees' contributions may therefore
be made regardless of years of service, in respect of service and contributions up to the
effective date.
- The contributions made by an employee in a scheme year must
not exceed 10% of the employee's remuneration in that year. For the self-employed, the
contributions must not exceed 20% of earnings in the year.
- Where members' contributions are required these must be
deducted from earnings and be paid over to the Trustees/ Administrator within one week of
the deduction date.
- The ordinary annual contributions made by the employer to
the scheme must not exceed 10% of remuneration. Deficiency payments are allowable but must
be substantiated by an actuary.
- The contributions to the fund by the employer and the
employee shall be mutually recognized by both parties as a condition of employment. That
is, membership in the scheme must be compulsory for the employee.
- Pensions cannot be paid to employees who retire on a
voluntary basis earlier than 10 years prior to the specified normal retirement age of the
scheme, but no earlier than age 50.
- Suitable winding-up provisions must be outlined (see also
page 25).
- Minimum solvency requirements must be met.
- Pension rights cannot be assigned.
- A member may allocate a portion of his/her pension in favor
of a spouse or dependent.
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Information Requirements
So as to ensure full disclosure and accountability,
provisions should be made for the submission to the regulatory authority and to the
respective members of the schemes, of the following reports by each Pension Fund:
Information to the Pensions Commission
- Annual audited accounts and reports on the membership
within nine (9) months after the end of the financial year. These should include full
details of the assets.
- Actuarial valuations and Reports on solvency at least once
in each three year period, within one-year after the due date.
- Custody of the assets should be satisfactory.
- Any other information as may be reasonably required from
time to time by the regulatory authority.
Information to Members of Pension Schemes
- When an employee retires he will rely on his pension scheme
to provide financial support for the rest of his life. In view of the importance of
pension benefits, it is essential that members of pension schemes are kept informed of the
benefit entitlement on a regular basis. The appreciation for, and knowledge of, the
promised level of benefits would be increased with more disclosure. Trustees of pension
schemes should ensure that each active member receive as a minimum, within 6 months of the
end of the scheme year, the following information:
(i) Information to be provided to a member of a defined
benefit scheme:
- Name
- Date joined scheme
- Date pensionable service commenced
- Normal retirement date
- Pensionable earnings for scheme year
- Member's basic contributions for scheme year
- Member's additional voluntary contributions for scheme year
- Member's total basic contributions accumulated with
interest to the end of the scheme year
- Member's total voluntary contributions accumulated with
interest to the end of the scheme year
- Accrued pension (based on pensionable salary and service as
defined in the scheme rules) at the end of the scheme year.
(ii) Information to be provided to a member of a defined
contribution scheme:
- Name
- Date joined scheme
- Normal retirement date
- Basic contributions paid by member during scheme year
- Member's additional voluntary contributions for scheme year
- Member's total basic contributions accumulated with
interest to the end of the scheme year
- Member's total voluntary contributions accumulated with
interest to the end of the scheme year
- Employer's total contribution made on member's behalf
accumulated with interest
- Total bonus (if any) credited to member accumulated with
interest to end of scheme year
- The following information should also be made available for
inspection on request:
- A copy of the annual audited accounts of the scheme;
- A schedule of the investments of the scheme giving a
breakdown by market value into broad categories such as ordinary shares, property and
fixed interest investments;
- A copy of the latest triennial actuarial valuation report
of the scheme;
- A copy of the Trust Deeds and plan rules; and
- Any changes to the Trust Deeds and Plan Rules must be
communicated to the members.
- Recourse to the Pensions Commission:
Members of a pension plan shall have recourse to the
Pensions Commission in the event that they consider that their best interests are not
being served or are being jeopardized in any way. Details of this right shall be included
in the legislation.
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Investment Criteria
The investment of funds by the managers/institutional
investors, should be subject to limits according to the generic type of the instrument,
limits per issuer, and limits per category and risk level.
The following are some of the limitations to be enforced
by the Pensions Commission:
- At least 80% of the market value of the assets of the fund
must be invested in Jamaica.
- A pension fund shall not own more than 30% of the voting
shares for any corporation.
- No more than 10% of the market value of the pension fund
may be invested in a single investment, or directly in the company or in any of its
affiliated entities/subsidiaries.
- For transactions not carried out in stock exchanges, no
more than 5% of the market value of the pension fund may be invested in the affairs of its
institutional investor and its related entities, provided all such transactions are
carried out at market rates and are declared to the Pensions Commissioner.
- Investment in real estate required for the occupancy or
expansion of the business of the institutional investor is prohibited.
- No more than 5% of the market value of a Pension Fund may
be invested in the business of the sponsoring employer.
- Omnibus Clause
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Ownership of Assets
As an important safeguard, it must also be explicitly
stated that the assets acquired for the pension fund must be registered, issued or
transferred on behalf of the respective pension fund. In addition, the trustees\the
institutional investors must at all times be able to prove that they have the relevant
securities and titles.
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Trust Deed and Rules
Existing Plans
Any application for the registration of a Pension Fund
already in existence, must be accompanied by a letter from the Income Tax Department
approving the scheme, and a copy of the Trust Deeds and Plan Rules, which must include,
inter alia, satisfactory clauses providing for:
- The appointment and removal of Trustees, inclusive of
member-nominated Trustees;
- The contributions required by employers and by employees;
- The method of determining the benefits payable to members
or to their beneficiaries, in the named contingencies, e.g. retirement, death,
termination, etc.;
- The eligible categories of beneficiaries under the scheme;
- The investment powers of the Trustees; and
- The winding-up of the plan.
New Plans
Any application for the registration of a new pension fund
must be accompanied by a draft copy of the Trust Deeds and Plan Rules, which must include
satisfactory clauses providing for the above factors.
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Retirement Age
Normal Retirement Age
The law must require every registered plan to have a
specified normal retirement age in the Trust Deeds and Rules. The minimum normal
retirement age that would commonly be allowed is 60. However, individual pension plans may
specify a different retirement age for the members as may be desirable in accordance with
the nature of occupation involved.
Early Retirement
Early retirement should be allowed no earlier than 10
years before the normal retirement age except on ill-health grounds.
Late Retirement
Late retirement should also be allowed.
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Beneficiary Designation
In the event of death before retirement on pension it is
considered desirable that the rights of contributors and beneficiaries be protected so
that they accrue to the fullest extent to dependents or the named beneficiaries.
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Plan Winding-Up
In all cases of plan winding-up (whether voluntary or
otherwise) the specific approval of the Regulatory Authority should be a condition
precedent to the winding-up. The Trustees should submit winding-up proposals to the
Pensions Commission for approval.
In some instances there may be residual surpluses after
completing the process of winding-up of any fund/scheme, final distribution of the
remaining surplus/residual assets should be allocated in the following order of
priorities:
- Current pensioners and beneficiaries.
- Active members, deferred pensioners, and their
beneficiaries.
- The sponsoring employer/employers.
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Offences and Penalties
In order to discourage non-compliance and offences against
the legislation, a schedule of penalties shall be included in the regulations. The
Pensions Commission shall have the authority to take, inter alia, the following actions in
the event of non-compliance:
- cancel the registration of Trustees;
- require the sponsoring company to have new Trustees
appointed, within the guidelines set by the Trust Deed;
- appoint a temporary manager to manage the fund's assets;
- fines to be applied to the Sponsoring Company and/or the
Administrator and/or the Trustee(s) for breaches under the Act in their capacity, as
deemed appropriate by Court Order; and
- imprisonment of the Director(s) of the Sponsoring Company
and/or the Director(s) of the Administrator, and/or the Trustee(s) for breaches under the
Act in their capacity, as deemed appropriate by Court Order.
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The Creation of an Independent
Regulatory Body
The administration of the pensions regulations should be
undertaken by an independent body, to be directed by a board called `The Commission'. The
major function of this entity is to supervise the operation of pension funds, specifically
with respect to legal, administrative and financial matters. In so doing, the Pensions
Commission will have to interpret the relevant laws and regulations and provide general
rules governing the trustees and managers of pension funds.
It has been recommended that the Pensions Commission
should be comprised of a Chairman and six to eight members, drawn from the public and
private sectors, appointed by the Minister of Finance and Planning.
The Pensions Commission shall appoint a Superintendent of
Pensions and employ a small, specialized working staff, which fully utilizes the
information available to it from auditors, actuaries and other sources. In order to
facilitate this, provisions will be included in the legislation making it the duty of the
auditors/actuaries to report to the Pensions Commission on transactions adversely
affecting the fund and/or members' rights.
The Pensions Commission and its staff should be
sufficiently funded, and will have as its main source of funds the registration fees
payable by the pension schemes, administrators and institutional investors. Alternative
methods of funding would be an annual renewal fee either per capita on the membership of
each fund/scheme, or per percentage of each fund/scheme, or based on a combination of
both.
The Pensions Commission will be required to present annual
reports to Parliament, and the National Pensions Act will provide for transparency and
accountability with respect to all of the Commission's activities.
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The Development of Provisions which Enable self-employed Persons
and Persons in Non-Pensionable Employment to Effectively Provide for their Retirement
The Income Tax Act currently allows for Approved
Retirement Schemes that are operated to provide pensions for self-employed persons, and
employees who are not contributors to an approved superannuation fund. These schemes are
however, unattractive and impracticable, as under the Income Tax Act, self-employed
persons are subject to a ceiling on salary contribution towards pensions, of $6,000 per
year. This level of contribution provides benefits that are insufficient to meaningfully
supplement the benefits payable under the N.I.S.
It is therefore suggested that the first and most
important step in enabling self-employed persons and those in non-pensionable employment
to effectively provide for their retirement is to raise this ceiling. A cap of 20% of the
chargeable income of the contributor, subject to a maximum is suggested. For example,
$4,999,200 per annum ($416,600 per month/$96,140 per week).
The Approved Retirement Schemes will be governed by the
same legislation as the occupational pension plans and as such, will have to satisfy
similar registration requirements.
The following provisions will also be made:
- the total of all contributions paid in each calendar year
to the individual plan and to any other registered retirement plan may not exceed the
maximum allowable under a registered occupational plan. This makes the treatment of
individual plans consistent with that for occupational plans.
- the member must contribute regularly (at least annually) to
an Approved Retirement Scheme.
- the maximum lump sum on retirement or death for individual
plans should also be consistent with the provisions for occupational plans.
- individual pension plans may be administered by any
registered fiduciary institution acting as a trustee, operating under a master trust deed
with many individual members.
- provisions should be made for the transfer of pension
rights from an existing approved occupational plan into an individual retirement plan,
without tax liability, upon the termination of the member from employment that is covered
by an approved plan.
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The Development of Provisions for
Parental Pensions
There is currently an express need for creating a vehicle
to facilitate the provision of pensions by persons for their parent(s) who has/have no or
inadequate pension entitlement. It is therefore necessary to widen the pensions system to
allow savings by adults towards parental pensions.
In order to facilitate this, the following provisions will
have to be made:
- The maximum annual contribution to such a scheme by any
individual would be 5% of his/her salary.
- Similar to the Approved Retirement Schemes, the Parental
Pension Plan must be administered by any registered fiduciary institution acting as a
trustee, operating under a master trust deed with many individual members.
- The level of Parental Pensions must be such that when added
to any other pension(s), the total is within the limit for self-employed persons.
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Preservation of Deferred
Entitlement/Portability of Pension Rights
Although most employees have been a part of a pension plan
at one point or another, several of them upon retiring do not have sufficient resources to
sustain them through to the end of their lives. This is because persons on changing jobs
tend to opt for contribution refunds, rather than deferred pensions. Therefore, funds
which should be accumulating as saving for retirement, are frequently used for consumption
purposes during the employee's working lifetime. This then forces persons to work longer
than they would normally have to, or to depend on the state or their families for their
livelihood.
It is therefore necessary to enact statutory provisions to
ensure that pension rights are automatically transferred or preserved on changes of
employment after the attainment of a stipulated minimum period of employment. More
specifically, a number of options shall be made available to the contributor, as follows:
- Upon the termination of the service of an employee in
circumstances in which he is not entitled to a pension and in which the period of service
as a member of the fund is less than five (5) years, the contributions paid by the
employee may be refunded to him together with any interest earned thereon, as recommended
by the actuary;
- On termination of service on completion of more than 5
years' membership, the members' pension rights must be preserved in the plan, or be
transferred to another occupational plan or approved retirement scheme he is joining, in
accordance with his wishes; and
- Notwithstanding (i) the employee may be offered the option
to leave his contribution in the Fund and be eligible for a deferred pension.
Revaluation of Deferred Entitlement
If a deferred pension is to be given, the revaluation of
deferred entitlement is essential. Revaluation is the process by which the deferred
pension, defined at the time of withdrawal from service of the member, is adjusted during
the period between withdrawal and eventual retirement, with the aim of preserving some of
the real value of the pension to the member.
The deferred entitlement will be revalued by means of an
offer of a fixed pension subject to "value for money" conditions. Herein, the
fixed benefit payable at retirement will be subject to a minimum guarantee that it will
not be less than the pension that could have been bought based on the actuarial transfer
value of the deferred pension at the time of withdrawal, increased by interest as earned
by the scheme until retirement. This would essentially ensure that the member's investment
performs in line with the performance of the scheme.
Transitional Arrangements re: Preservation of Deferred
Entitlement/Portability of Pension Rights
Existing schemes on the commencement date of the National
Pensions Act will be grandfathered in the following respects:
- entitlement under the Income Tax (Termination of
Employment) Order, 1971, will continue tax free; and
- accumulated employees' contributions for all service prior
to the commencement date may be returned on death/termination, tax-free.
Otherwise, the mandatory vesting provisions apply for
these as for new schemes.
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Indexation of Pensions
Under present legislation, a pensioner's annual pension at
retirement and thereafter is limited to two-thirds (2/3rd) of the member's salary at
retirement. This restricts the amount by which a person's pension can be increased after
retirement, and in the long run results in erosion of the real value of the benefit
received. In an inflationary environment, maintaining the purchasing power of the
pensioner's benefit to some degree should be given due consideration. However, given the
extra cost of providing a pension that is linked to inflation and the difficulties
involved in finding suitable investments to cover the indexed liability, it is not felt to
be appropriate to make indexation compulsory.
The indexation of pensions shall therefore be subject to
affordability by the fund and/or the employer. When indexation is applied the following
shall be applicable:
- after a minimum of 37 1/2 years employment with the plan
sponsor, the total pension payable shall not exceed 75% of the member's highest salary
earned by him during any twelve (12) consecutive months of membership of the plan.
Post-retirement increases will be allowed even if this ceiling is breached, as long as
such increases are granted to the incumbent pensioners in the plan as a class and any
individual variations are based on a formula recommended by the actuary.
- the cost of increases shall be met out of the accrued
surplus in the fund or out of special contributions by the employer, subject to approval
by the Regulatory Authority and the Commissioner of Income Tax.
- the increased pension should not exceed the maximum pension
mentioned above, increased by reference to the Consumer Price index (CPI) for the period
between the date of retirement and the date of granting the increase.
- the increases should be recommended or have the written
approval of an actuary.
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CREATION OF FUNDED SCHEMES FOR PUBLIC
SERVANTS
There are various types of pension arrangements for
Government workers, ranging from the non-contributory "Pay-As-You-Go" (PAYG)
schemes, to the partially and fully funded pension plans. The majority of government
workers are part of non-funded Pay-As-You-Go schemes, and are paid their pensions out of
the Consolidated Fund.
There are many advantages and disadvantages of the current
system. The good features include: the facility to be retired on permanent ill-health,
subject to receipt of acceptable medical certification; retirement income for life, with
facility of partial commutation of lifetime benefit for a single cash lump-sum; and
favorable treatment of mixed service with the same employer but in different categories of
work.
However, certain features of the current pension system
are undesirable or cumbersome. These include: the fact that pensions are not a right, but
are awarded by grace of the Governor General; the inordinate delay between the last salary
cheque and first pension cheque; the inequitable variations in pension formulae for large
groups like teachers and public officers (civil servants and nurses); and the fact that
employees and the public do not understand the pension system.
The planned reforms seek to correct these problems, while
at the same time ensuring that the favorable features that currently exist are not lost.
In so doing, it is now desirable to rationalize the large number of schemes currently
existing, and to take the opportunity to create funded schemes dedicated solely to the
provision of pensions and related benefits to public servants.
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This will involve the following:
Improved Benefits
Associated with the creation of visible pension funds for
public servants, are a number of benefits not previously enjoyed by government workers.
These are outlined below:
Public servants will now be able to see exactly where
their fortunes lie. They will be able to critically examine the investment and
administration of the funds, and have an input as to how they are operated. Furthermore,
with the planned enforcement of information requirements similar to those to be
implemented in the private sector, public servants will be kept abreast of their
entitlement and rights.
With the establishment of dedicated funds, the proper
investment of these funds can produce surpluses, which can be used to increase pension
benefits to be made to the retired public servants.
- Dedicated funds are sources for post-retirement indexation
of pensions.
- Administrative improvements in the Ministry of Finance and
Planning will be a feature of the planned reforms, and will ensure that the delays in
calculating and making payment of pension benefits to public sector retirees and other
beneficiaries are significantly reduced.
- In keeping with the principle of equity, and in seeking to
ensure that public servants accumulate sufficient resources for their retirement, the
preservation of deferred entitlement as applies to the occupational pension and
superannuation schemes will be extended to the public servants' funded schemes.
- The Government will preserve the acquired rights under the
Pay-As-You-Go Schemes in respect of service, up to the date of the change.
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Funding Arrangements
Also associated with the creation of funded schemes for
public servants, are changes in the funding arrangements. Large categories of workers will
move from being participants in non-contributory schemes to a situation wherein all public
servants will contribute, by salary deductions, towards funding their pension.
There are important implicit and explicit benefits of this
arrangement, as are outlined below:
- Requiring public servants to contribute toward their
pension will automatically heighten their awareness of the need for preparing for
retirement. They will now have a vested interest in ensuring that the funds are properly
managed, and will probably be encouraged to make additional arrangements for their
retirement; and
- Pension Funds will grow and will therefore be a source of
greater investments and benefits.
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Transitional Arrangements re: The
Creation of Funded Schemes for Public Servants
These reforms will be achieved on a phased basis, allowing
previously employed staff the option of contributing, while all new employees will be
required to contribute as a condition of employment in the Public Service.
During the period of transition and under the existing
pension laws for the public sector, the Government should continue to provide and
guarantee the accrued pensions payable to retired public servants.
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