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Non-indexation of pre-1997 pension rights: understanding the present panorama

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Pension indexation refers back to the annual enhance of pension funds in step with inflation to assist pensioners keep an acceptable residing customary over time. Nevertheless, for pension rights accrued earlier than April 1997, there is no such thing as a authorized requirement for personal sector outlined profit (DB) occupational pension schemes to supply such will increase. We clarify beneath the present state of affairs relating to pre-1997 pension rights, together with the authorized framework, and set out our considering on ongoing debates about potential adjustments.

Authorized framework for pension indexation

The present authorized necessities for pension indexation within the UK are totally different relying on when pension rights had been accrued. There is no such thing as a requirement for schemes to supply indexation for pension rights accrued earlier than April 1997. For pension rights accrued between April 1997 and April 2005, pensions in fee should be elevated yearly in step with inflation, capped at 5%. For rights accrued after April 2005, annual will increase are capped at 2.5%[1] (though it’s open to schemes to be extra beneficiant as described beneath).

Affect on pensioners

The dearth of obligatory indexation for pre-1997 pension rights has implications for a lot of pensioners. These with substantial pre-1997 service might even see the true worth of their pensions erode considerably over time because of inflation. Which means that non-indexation for pre-1997 pension rights has a disproportionate affect on older pensioners, who’ve a bigger proportion of their pension rights accrued earlier than 1997.

The difficulty of non-indexation is being scrutinised ever extra carefully within the gentle of latest durations of excessive inflation, because the real-world buying energy of those pensions diminishes, creating monetary hardship for a lot of retirees who had deliberate their retirement based mostly on the expectation that their pension would proceed to permit them to take care of their way of life over time.

Discretionary will increase to pension advantages

Regardless of no authorized requirement, some pension schemes have traditionally offered some type of inflation safety voluntarily. The Pensions Regulatorโ€™s analysis printed in March 2025 contains information which exhibits that 67% of DB schemes have guidelines that permit for trustees to supply discretionary profit will increase and that, of those, 32% had offered a discretionary enhance prior to now three years. Of the DB schemes that made discretionary will increase, 15% of the situations of discretionary will increase had been will increase of pre-1997 pension advantages.[2] Virtually half of schemes the place guidelines allow discretionary will increase have opted to supply them. Nevertheless, considerations stay in regards to the purpose for comparatively low ranges of discretionary will increase, notably for pre-1997 rights. Leaving will increase for pre-1997 pension rights to the discretion of the trustees can also be of accelerating concern in a local weather the place buy-out is commonly thought of the endgame technique for DB schemes. On buy-out, members will sometimes lose any discretionary advantages that haven’t been crystallised, as insurers is not going to usually insure discretionary advantages. Given solely a restricted variety of schemes supply

such discretionary will increase of pre-1997 pension rights and, because the authorized framework doesn’t mandate this indexation, it’s unlikely that many trustees will select (and/or that sponsoring employers will agree) to crystallise discretionary will increase for pre-1997 rights when getting ready for a buy-out.ย 

such discretionary will increase of pre-1997 pension rights and, because the authorized framework doesn’t mandate this indexation, it’s unlikely that many trustees will select (and/or that sponsoring employers will agree) to crystallise discretionary will increase for pre-1997 rights when getting ready for a buy-out.ย 

Authorities place

The UK authorities has maintained a place in opposition to requiring indexation of pre-1997 pension rights for a few years, whichever celebration has been in energy. Nevertheless, the Division for Work and Pensions (DWP) Choose Committee lately printed the federal governmentโ€™s response to the committeeโ€™s enquiry into DB pension schemes, suggesting a willingness to interact within the difficulty. Among the many suggestions is that the DWP ought to work with The Pensions Regulator to โ€œperceive why schemes don’t make discretionary pre-1997 funds and monitor traitsโ€. The place scheme guidelines permit for discretionary will increase, the federal government considers that trustees should rigorously contemplate โ€œthe affect inflation has on memberโ€™s advantagesโ€ when making selections about discretionary will increase to advantages.[3] ย 

This authorities response additionally states that it’s going to contemplate the indexation of pre-1997 advantages paid by the Pension Safety Fund (PPF). Presently, the PPF doesn’t present indexation for any compensation paid in respect of advantages accrued earlier than April 1997. The federal government says that it’s going to interact with the PPF and seek the advice of on the potential introduction of indexation for pre-1997 pension advantages for affected members. Nevertheless, it was additionally famous that the introduction of any stage of indexation would have an effect on public funds.

Closing ideas

Though the federal governmentโ€™s response doesn’t go as far as to recommend a sweeping change within the regulation because it presently stands, it does recognise that inflation is having an eroding affect on the worth of retirement revenue for these with a better proportion of pension rights accrued pre-1997. This will solely be seen as a optimistic step in authorities engagement.

For people affected by this difficulty, you will need to perceive their particular scheme guidelines and any discretionary practices which will apply to their pension. The trustees of some schemes could voluntarily present will increase though not legally required to take action, however these preparations may be topic to alter and can’t be relied upon, leaving pensioners with ongoing uncertainty about their revenue in the long run.

[1] https://commonslibrary.parliament.uk/research-briefings/sn05656/

[2]https://www.thepensionsregulator.gov.uk/-/media/thepensionsregulator/recordsdata/import/pdf/defined-benefit-schemes-survey-research-report-2024.ashx

[3] https://committees.parliament.uk/publications/47677/paperwork/249040/default/

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