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Employers must urge employees to seek independent financial advice when amending pension schemes, warns Vanessa Wells, solicitor for Pinsent Mason.
Speaking at a meeting for employers and pension trustees, Ms Wells said more and more employers were seeking to amend pension schemes in order to implement long-term savings. However, she said they must not ignore consultation periods or the right to independent financial advice.
She said: "Many employers are tending towards offering inducements such as a percentage of annual wages. While this is not illegal trustees are obliged to vet all communication from the employer to ensure it is information provided and not just an argument to leave or join another scheme.
"Both the trustees and employers should suggest an employee seeks independent financial advice so as to evaluate the impact of taking one option over the other."
Ms Wells said this should form part of the consultation period and employers should not seek to push through any changes as it could leave them open to legal action by trade unions. In case of serious breaches, the FSA could also impose a fine.
Peter Askins, director for Independent Trustee Services and former head of policy on defined benefit scheme administration and trustee issues for the DWP, said while employees should look to advisers for help through the maze intermediaries should not always expect their words to be taken on board.
He said: "I remember a similar situation with one company and the employees all went to financial advisers en masse as required. Not one of them was told to take the inducement, which stood at £26,000 as they would lose out in the long-run.
"However you should never ignore the pull of cash-in-hand as everyone took the money so advisers should not be disappointed if their clients appear to ignore them."
Vanessa Wells acknowledged this could sometimes be the case, however she also warned trustees about impartiality.
She said: "Trustees should just push the employees in the direction of financial advice as they are not there to promote a particular option. Always stick to the facts as if someone chooses to reject or accept an amendment on the basis of your suggestion, you will almost certainly feel the full brunt of the fallout.
"Financial advisers must form part of the consultation process and no party should try and take over their role."
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