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Finally - an end to the protection racket that has rankled for years

Finally - an end to the protection racket that has rankled for years



It was the worst financial product I ever had. In the early 1990s I was put into a personal pension by my then employer which I naively believed was "portable and flexible". Only later did I discover that as much as 90% of my money had been taken in charges and commissions by the insurance company and that the £5,200 invested was, after seven years of rising stockmarkets, worth a paltry £2,879.

I moved the money, plus compensation I later obtained, as soon as I could and put it into a self-invested personal pension where I'd be in control. Since then it has performed relatively well.

But one thing continued to rankle with me. The insurance company, Lincoln UK (which had taken over the policy first sold by Laurentian Life), could not transfer the "protected rights" part of the pension. Government rules forbade it. But this week the government announced that from October the restriction would be lifted and policyholders will be free to move their money elsewhere.

The sums of money are far from small - some estimates suggest there is £100bn in protected rights money, much of it in duff insurance company funds, which can now be moved.

You're probably wondering what protected rights are. They are the legacy of an ill-inspired Thatcher "liberalisation" in which employees could have some of their national insurance payments rebated into a pension policy (it was called "contracting out") and lose their entitlement to the State Earnings.....continued below

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Related Pension Scheme, or, as it was later renamed, the Second State Pension. The idea was that money invested in the stockmarket, rather than held by the government, would give you a better retirement income.

There are probably millions of protected rights policies collecting dust at insurance companies. Many people, particularly those in their 40s who moved home or moved jobs in their 20s and 30s, may not even be aware they have one. The sums of money may be small, but some will be worth tens of thousands of pounds. So what should you (and I) do now? I set out to find some answers.

Step One: Gather together your pension policiesThe Pension Tracing Service at thepensionservice.gov.uk (0845 6002 537) can usually help find old pensions, and for free. It will need to know at least the name of your previous employer or pension scheme. To check if you were contracted out, call the HMRC Contracted Out Pension Helpline on 0845 915 0150. Have your national insurance number handy.

Step Two: Find out what the policy is worthMost pension companies will give you an updated valuation if you call customer services. But they will need the plan number, and ask general security questions. If you have moved home, it's better first to write with your change of address details.

Ask for both a fund valuation and a "transfer value". If the figures are the same, you are in luck - you won't be charged fees to escape. But some with-profits funds still have "market value adjusters" to sting you if you leave.

Step Three: Find out about existing chargesAsk your provider for the annual management fee, the monthly administration fee and the policy fee. But most importantly, ask for the "allocation rate". My Lincoln policy has an allocation rate of 96%, which means that 4% of any investment is whipped out by the company. On top of that, the policy has other fees adding a further 0.5%. It's why I'm switching my fund to a low-cost Sipp - self-invested personal pension - (see below) where charges are closer to 1% a year.

Step Four: Choose where to put the moneyYour existing employer may accept transfers from another scheme. If your policy is small, with a transfer value equal to the fund valuation, then it will make sense to request a transfer in to the employer's scheme.

Sipps are ideal homes for protected rights transfers, giving you low-cost access to virtually all unit trusts and investment trusts, and you can put the money in individual shares or even leave it in cash. But Sipps are not a cure-all. Jerry McLoughlin of advisers Punter Southall Financial Management (psfm.com) believes Sipps are only worth opening if you have £200,000 or more to invest in a pension. "Sipps, rightly or wrongly, tend to be at the riskier end of the scale. Remember, this money originally came out of a guaranteed environment [the Serps/S2P scheme]. Do you really want to move up another level of risk?"

It's not a view shared by Hargreaves Lansdown (h-l.co.uk), which believes Sipps can work with a little as £5,000.

Step Five: Enact the transferAsk your employer or Sipp provider as the receiving company to handle this.

Step Six: Give up, and pass it all to a financial adviser Transferring a small protected rights policy should be a DIY job. But if you need wider help, find a financial adviser at unbiased.co.uk.

The pension hokey-cokey

Six years ago when I contacted Lincoln UK for a quote on my pension plans, I was horrified: the fund value was peanuts. This week, I was bemused. Lincoln told me my fund was now worth £27,000, far more than I expected.

But this is the world of pensions, so the joy never lasts long. It soon transpired that my "protected rights" policy which I thought had been frozen in 1998 when I joined the Guardian, was reactivated in 2002 and last year alone received £3,142 in NI contributions. Meanwhile my entitlement to an additional state pension has withered away.

Curiously, I and presumably many thousands of people at "contracted in" companies have remained "contracted out". Lincoln says: "When the [Guardian] scheme changed status to a contracted-in scheme, the HMRC would automatically start sending the contributions to the personal pension again, as no other forms had been completed to contradict the original instruction." I'll now contract back in just as soon as I can. For advice on contracting in, the Financial Services Authority has a great guide at moneymadeclear.com.p.collinson@guardian.co.uk

guardian.co.uk © Guardian Newspapers Limited 2008

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