A busy week for the FCA last week saw the publication of PS20/6, which gives effect to the proposals from CP19/25, the primary impact being the decision to ban contingent charging for most pensions transfer advice and GC 20/1 – yet another guidance consultation on pension transfer advice.

We will be writing in more detail on PS20/6 in the near future.

Meantime, the FCA also announced that it will be writing to around 7,700 British Steel members who transferred out to “… help them revisit the advice they received, and to complain if they have concerns”. This would appear to be a new step in the Regulator’s, so far, uphill battle against what it considers to be unsuitable transfer advice and could prove to be controversial.

Meantime, in addition to the British Steel communication, the FCA has continued in a similar vein by publishing guidance for consumers on its website. The purpose of the guidance is pretty transparent from its headline and tagline:

“Advice checker: defined benefit pension transfers 

Find out if the advice you received was right for you, and what to do if you think it wasn’t.”

The guidance lists a number of factors the FCA believes might be indicative of unsuitable advice. Whether or not firms agree with any or all of these, it makes sense for firms to be aware of these and review advice processes and suitability report templates accordingly.

A few of the headline points are as follows, with the FCA stating that if a consumer can relate to even one statement, then it is possible that he/she may have received poor DB transfer advice and might have a valid complaint. 

• The adviser focused on one or more of the following:
  – giving you flexibility and control of your pension;
  – maximising the death benefits payable in the event of your death;
  – helping you achieve early retirement;
  – helping you take a larger tax-free lump sum;
• The adviser recommended, in writing, that you should not transfer but hinted you should do so anyway;
• The pension you transferred was your only or largest guaranteed pension, and you had few other assets to support yourself in retirement, apart from the state pension;
• The adviser did not ask you for all of the following:
  – information about you and your family, and how much income you 
    need to support your family during your retirement;
  – information about you and (if relevant, your spouse/partner’s)
    employment, current income and spending, tax position,
    entitlement to state pension or state benefits;
  – information about your health (and partner’s health, if relevant);
  – your and your spouse’s other pensions and assets or debts, and
    any dependency on state benefits (and partner’s details, if
    relevant);
  – your priorities and spending plans for your retirement;
  – how much risk you felt comfortable with and the extent to which
    you were prepared to accept a reduced lifestyle in retirement if
    investments performed poorly.