SUMMARY
OF CONCLUSIONS AND RECOMMENDATIONS
1. We compliment the previous Secretary of
State for Social Security, Rt Hon Harriet Harman, and the former
Leader of the House, Rt Hon Ann Taylor, for their close interest
and support for our inquiry piloting the pre-legislative scrutiny
of draft Bills (paragraph 1).
2. We note that any major revision, or postponement,
of the Family Law Act 1996 could require consequential changes
to the pension sharing legislation (paragraph 9).
3. We note that while many people may expect
pension sharing to lead to a transformation of the income prospects
of divorced women in old age, the new powers may in effect alter
only the method of dividing assets at the time of divorce, without
directly affecting the disparity in retirement incomes between
men and women (paragraph 14).
4. We recommend that the operation of the
powers conferred on the courts by the Pension Sharing Act and
their consequences for the incomes in retirement of divorced people
should be rigorously studied by independent researchers, and that
the results of that research should be published at regular intervals
for the information of Parliament and the public (paragraph 17).
DIVORCE
LAW
5. In our view it would not be appropriate
to use pension sharing legislation to introduce the more wide-ranging
reforms of extending (or adapting) the Scottish treatment of matrimonial
property to the other jurisdictions in the United Kingdom (paragraph
24).
6. In our view the courts should give greater
priority to the prospective incomes in retirement of each of the
divorcing couple when approving financial settlements on the dissolution
of a marriage (paragraph 24).
7. We recommend that the Government should
monitor the operation of pension sharing in Scotland in respect
of the changes in valuation of the pension share between the relevant
date and the date of implementation of the pension share (paragraph
25).
8. We recommend that the Government should
monitor the operation of pension sharing in Scotland, with a view
to introducing as necessary a requirement that the valuation of
a pension share at the time of making the sharing order should
be based on a percentage of the transfer value of the pension
at the relevant date (paragraph 25).
9. We recommend that attachment should be
retained for use in cases where it is clearly shown to benefit
one of the parties (paragraph 27).
10. We recommend that the Government should
require the Judicial Studies Board to provide for the training
of 'ticketed' or specialist judges at each level on the implications
of pension sharing before it comes into effect (paragraph 29).
11. We believe that there is an urgent need
for the professional lawyers' organisations to develop their family
law accreditation schemes to enable them to carry out training
on the implications of pension sharing before it comes into effect
(paragraph 30).
12. We recommend that the new Financial Services
Authority should review the provision of pensions advice in divorce
cases, including the adequacy of investment advice made available
by family lawyers, and if necessary provide further guidance for
independent financial advisers and insurance companies before
pension sharing comes into effect (paragraph 31).
13. We recommend that Ministers' intentions
with regard to the legal aid treatment of pension sharing should
be announced to Parliament before the beginning of detailed consideration
of the Pension Sharing Bill (paragraph 32).
14. We recommend that the Bill should be amended
to avoid any doubt whatsoever that pension sharing may only be
used in cases where the application for divorce is made after
the Pension Sharing Act is brought into force (paragraph 37).
15. We recommend that the long title of the
Bill should be amended to make it clear that any amendments to
require pension schemes to extend to unmarried survivors the same
rights as widows and widowers would be within the scope of the
Bill (paragraph 38).
16. We recommend that the Government should
take the opportunity to clarify the law by bringing forward amendments
to the Pension Sharing Bill, once the outcome of the Pensions
Review has been decided, to provide the same degree of protection
against bankruptcy for all kinds of pension provision (paragraph
44).
PENSIONS
17. We recommend that the courts should be
given a limited discretion to cater for circumstances where serious
anomalies would arise from the rigid use of a standard cash equivalent
transfer valuation (CETV) of pension rights (paragraph 47).
18. We recommend that the Government should
simplify the pension credit by requiring that the inflation-proofing
of all its elements should be provided only in the form of the
limited price indexation which is applied in any case to any increases
in pension rights after April 1997 (paragraph 49).
19. We recommend that the jurisdiction of
the Pensions Ombudsman should be extended to enable him to rule
on the reasonableness of pension sharing costs charged by pension
providers (paragraph 50).
20. We recommend that the Department should
work with interested parties to develop standardised forms for
the disclosure of information associated with the calculation
of a CETV (paragraph 51).
21. We recommend that the new Financial Services
Authority should impose a strict regime for the illustrative projections
of benefits emerging from transfer credits and for complete transparency
of the structure and level of commission or other charges for
financial advice (paragraph 54).
22. We recommend that the Department should
monitor the pensions credits available to, and options chosen
by, former spouses and the extent to which personal pensions purchased
with pension credits are encashed before normal retirement age
(paragraph 55).
23. We recommend that the financial and administrative
impact on occupational pension arrangements of occupational pensions
legislation and family law should be minimised (paragraph 56).
24. We recommend that the Department should
consult the Financial Services Authority and the relevant interested
parties on the practical steps that may be taken to ensure that
a suitable investment vehicle or benefit structures are made available
to former spouses (paragraph 57).
25. We recommend that the provisions of the
draft legislation imposing a reduced ceiling on contributions
to an occupational pension scheme following a pension debit should
be dropped (paragraph 59).
26. We recommend that pension providers and
insurers should have the right to request medical evidence in
respect of the sharing of pensions in payment (paragraph 61).
27. We recommend that the monitoring of pension
sharing arrangements should address any particular problems emerging
from further marriages (paragraph 62).
28. We recommend that further consideration
should be given to the time limits allowed for each stage of the
pension sharing process to ensure that the proposed statutory
limits are reasonable, fair and achievable (paragraph 66).
29. We recommend that the Bill should be amended
to extend to former spouses of members of unfunded public service
schemes the same rights of choosing how to take a pension transfer
as will be available to former spouses of members of funded schemes
(paragraph 70).
CONCLUSION
30. We recommend that the Government should
consult interested parties on the possibility of delaying the
implementation of the Pension Sharing Act, together with the Regulations
to be made under its provisions, until April 2001 (paragraph 71).
31. We recommend that any draft Bill published
by the Government in future should be laid before Parliament as
a Command Paper (paragraph 74).
32. We recommend that Bills which are to be
published in draft for pre-legislative scrutiny by a select committee
in the Session before their formal introduction should be published
no later than Easter, in order to allow potential witnesses plenty
of time to prepare their evidence and for the select committee
to complete its work before the end of the Session (paragraph
75).
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