Issues affecting all schemes
Brexit and the end of the transition period
On 24 December 2020 it was announced that the United Kingdom and European Union had reached an agreement, in principle, outlining the basis for the ongoing relationship between the UK and EU following the end of the Brexit transition period on 31 December 2020.
The House of Commons has published a briefing paper in connection with Brexit and the end of the transition period. This paper focuses on Brexit and private pensions and reminds UK nationals in the EEA or Switzerland of the UK Government's guidance which advises individuals in receipt of a pension to check with their pension provider to make sure they can still get payments following the UK leaving the EU. The briefing paper also emphasises that UK law allows for workplace pensions to be paid overseas and the UK Government does not expect this to change after Brexit.
ICO issues penalty in connection with pensions cold calling
The ICO has issued a penalty of £45,000 in connection with a company making more than 39,000 nuisance calls to people about their pensions.
On 9 January 2019, a ban on pensions cold calling was introduced. Following the ban, companies can only phone individuals and talk to them about their occupational or personal pensions if the caller is authorised by the Financial Conduct Authority, is a trustee or manager of the scheme, or if the recipient of the call provides their consent or has an existing relationship with the caller.
Having carried out a raid of the company's offices, the ICO found that staff were connecting with people on LinkedIn and using their contact details to target them with direct marketing calls related to pensions schemes. In total, the ICO found that the company had made over 39,000 unsolicited calls between January 2019 and September 2019 offering to provide "up-to-date transfer valuations".
Download >> The Pensions Brief: December 2020
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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
