One in eight employees aged 50 or over has been the target of
fraudsters promising to release their pension savings. Workers in their 50s are being warned that
they are the primary target for scamsters who are using dramatic changes in the
pensions system to try to part them from their retirement pot. Changes from April 2015 mean that retirees can, for the first
time, use the money as they wish instead of having to buy an annuity. The first
25% of this will be tax-free. They will be able to use the money to pay down
debts, for example, invest outside the pension, or simply enjoy life – even
blowing the lot on a sports car, according to the pensions minister.“ This is
great news for pension savers,” says Gareth James, from DIY investor platform
AJ Bell. “But a dangerous combination of excitement and confusion could see
those unsure of the rules lose the lot.” Research from Fidelity last week
showed that around one in eight people aged 50 and over have been approached by
fraudsters, promising to release more than the 25% lump sum, or to gain access
to pension savings earlier than the minimum age of 55. Many of the companies contact people via unsolicited phone calls
or text messages, offering a “free review”. Others specifically target those on
public bankruptcy lists, while some approach people via official-looking
“financial advisers”.
The majority of those
approached are between 50 and 59 – just when many are starting to think about
retirement. More than one in 10 of those approached by these so-called
“pensions liberation firms” trusted the advice given to them, said Fidelity.
This has partly been driven by a significant lack of understanding around the
new pension rules – two thirds of the over-50s don’t understand them, it said. “Some understand the rules as equating to immediate access
without any caveats and can become very frustrated when they view providers as
‘holding on’ to their money unfairly,” said Alan Higham, retirement director at
Fidelity Worldwide Investment. “Fraudulent organisations have
capitalised on this, encouraging consumers to hand over their savings without
fully understanding the tax penalties.” HMRC will hit those who cash in their
retirement fund before the age of 55 with a charge of at least 55% of the sum
released (or 70% if they fail to report it).
And with the
changes to pensions rules coming in next year, fresh scams are expected to
surface encouraging the over-55s to take large chunks out of their pension to
pile into dodgy investments offering staggering returns, paying lots of tax in
the process. “Whatever the law is, fraudsters will seek to exploit it – so we
expect the scams to continue to evolve under the new regime,” says a spokesman
for the pensions regulator. Phil Ireland, 64, who is
self-employed and runs a print finishing business, thinks the new freedoms are
a “great idea”. He has been offered a “free review” several times through
unsolicited emails and texts. “I haven’t taken these up yet, thankfully – and
now I realise they’re a scam. I know there are several official services I can
go to for guidance.” He adds: “Having said that, the
change is very welcome, as it’s good to have choice and I need to work out what
to do with my money. It’s really hard to know. I’ve done some research, and
calculated the return from an annuity on £100,000 – I was bitterly
disappointed.” He has a self-invested personal
pension (Sipp) and a pension from previous employment. “My mortgage will still
need to be paid off, but I’ve got an endowment for that,” he says. “I want
professional advice on what to do with the pensions, but trying to work out
which adviser is kosher is hard.” If you are in any doubt about the
credentials of an adviser, you can look them up on the Financial Services Register and check
they are qualified to advise on all aspects of pension planning. You can also check that any company you are dealing with is
registered with the Financial Conduct Authority (FCA). “This means that the investment firm has been stamped by the
industry ‘kite mark’ and will ensure that you always have a full recourse to
the compensation scheme if something goes wrong,” says Chris Williams from
online advisory service Wealth Horizon. You should expect to pay at least a
few hundred pounds for professional advice. The Pension Income Choice Association has
a comprehensive list of IFAs who are retirement specialists and can give you
information on alternatives to annuities, such as drawdown.
Investment firms, such as Fidelity, have launched specific
retirement services enabling investors to do it themselves, or buy advice in
the areas they may need it. Independent bodies such as the Money Advice Service and the Pensions Advisory Service are
there to answer general questions, but it’s expected they will be flooded with
inquiries ahead of the rule changes. They won’t provide advice – simply
guidance. Even those who do intend to make use of the new rules should
exercise caution, stress advisers. While the first 25% of pension cash may be
tax free, any remainder will be taxed at your personal rate – which may be 40%. Pensioners are free to draw down the money as they feel fit, but
will want to withdraw at a rate that keeps them inside the 20% tax band.
“Drawing out all your pension and paying the top rate of tax during the first
year isn’t a good idea if you can stage it over a few years,” says pensions
adviser Yvonne Goodwin. For most, a blend of options at
retirement will likely be the best approach. This could include keeping some
money in cash, leaving the rest invested in a mix of bonds, equities, and
property, wrapping as much as possible in a tax-free Isa. You could, for
example, buy an annuity to cover essential outgoings, and invest the rest. “An annuity will still be a suitable choice for many people,
especially for those who want the certainty of a sustainable lifetime income
and aren’t prepared to take additional risks,” says Patrick Connolly from
independent financial adviser Chase de Vere.
NEED TO KNOW
You are free to take your pension savings in cash when you
reach age 55 (or 57 from 2028). You are not allowed to access your pension
before this age. If you do, you risk at least a 55% tax charge.
- The first 25% of pension cash is tax free. The
rest will be taxed at the individual’s marginal rate – so many people
could face a 40% charge.
- You do not have to buy an annuity, but can use
your money however you like.
- If you have already bought an annuity or gone
into drawdown in retirement, you cannot take advantage of the new rules.
- If you
are in a final salary scheme that promises a regular income at retirement,
you will probably want to stay put. However, you will be able to switch
into a defined contribution (DC) scheme if you wish and withdraw your
fund.
- Schemes
for public sector workers, including doctors, nurses and firefighters,
come with different rules. They will not be able to access the cash in
these “unfunded” schemes. However, if it’s “funded” - such as local
authority workers and the universities scheme – it can be transferred into
a DC scheme and the money made accessible.
Culled from Observer

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