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‘Help! I can’t transfer my pension after two advisers threw in the towel’

Pensions Doctor: our reader wants to break the impasse in transferring his pot

Write to Pensions Doctor with your pension problem: pensionsdoctor@telegraph.co.uk. Columns are published weekly

Dear Becky,

I have been attempting (unsuccessfully) since February 2023 to negotiate with Aviva to transfer a relatively small (£123,000) pension pot into a SIPP. The fund originates from a defined benefit company pension which I contracted out of in 1986 and which, after several takeovers, is now with Aviva.

Unfortunately, the size of the fund, which includes a guaranteed minimum pension (GMP) element (£55,000), requires me to operate through a financial adviser. 

So far, two advisers have acted for me but have thrown in the towel. Aviva insists that the GMP element remains in place even though I have passed my 75th birthday, my plan has ended and the fund is no longer invested. 

Both advisers would/could not accept the “risk” imposed by the GMP being classed as a “safeguarded benefit”.

I am already in receipt of a defined benefit pension from my last employer, an AVC annuity and the state pension, and at my age and life expectancy would want/prefer the security and flexibility (for both myself and my wife) of my fund invested in a SIPP as opposed to the lifetime marginal monthly income generated by the GMP and additional annuity offered by Aviva.

So, I am in a “Catch-22”. I need to operate through an adviser but even after further attempts, cannot identify one to represent me given the restrictions imposed by the GMP.

Any suggestions on how to proceed to break this impasse would be greatly appreciated.

Yours sincerely,

John

Dear John,

Your frustration is shared. The maximum value set for transferring defined benefit or “hybrid” pension schemes, which incorporate a defined benefit feature such as an element of guaranteed retirement income, without the need for a financial adviser, is £30,000. 

This means that any pension worth more than £30,000 with any such guarantees requires a financial adviser to review the transfer and ideally approve it (although depending on the receiving provider it’s not always necessary for them to approve it, they just have to authorise that you have had financial advice on the move). 

This limit was set in 2015, around the time of the pension freedoms, when it was more feasible, though still not easy, to find an adviser who would get out of bed for the fee on this amount of money. 

Its purpose is to act as a layer of protection against people transferring their sole pension and then losing money or falling victim to a scam. The thinking is that amounts less than £30,000 are more likely to be someone’s secondary rather than main pension, so the risk to their retirement outcome of transferring the pot is lower. 

These days, the £30,000 limit acts more as a cap on how much you can have in a defined benefit or hybrid pension before it becomes impossible to move it. 

This is because a) it’s hard to find an adviser to advise on it – many have been dissuaded from this line of work given the huge complexity and risk involved, following incidents such as the British Steel pension transfer scandal and b) it might not make sense to pay a fee, which may be 1pc, let’s say, on a pot worth not much more than £30,000.

In your case, this fee could be around £1,200 – a costly move.

It’s a good idea to get advice on some types of pension transfer. However, in your case, in which you have other sources of retirement income, clear understanding of the consequences and good reasons to move it, I can completely see why you feel it’s an unnecessary extra cost.

There are industry rumours swirling that the Department for Work & Pensions may be set to change this advice requirement amount, possibly to £100,000. However, you may need this to go higher given the current value of your fund, depending on whether a new level is based on the full fund value or the value of the safeguarded benefits. 

There have been calls for a review, for all the reasons your case lays out, for some time. 

I expect it will happen soon enough, once the general election is out of the way, if you can sit tight a while longer. 

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