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Update: Retirement Fund Reform
Geraldine Macpherson
Legal marketing specialist Gauteng
NT’s technical discussion papers
Compulsory preservation
Compulsory preservation


• One of the 2 biggest culprits for the lack of retirement
  funding for so many has been identified as lack of
  preservation of benefits
• The other one is the lack of annuitisation of provident fund
  benefits
Basic premises


• Accrued and vested rights will be protected:
   • All funds held in retirement funds at the date of implementation
     will be subject to the “old” rules when it comes to access and
     withdrawals
   • Only new funds and new contributions will be subject to the new
     rules.
Basic premises


• Retirement funds must “nudge” members into preservation:
   • Eg default preservation fund
• Could consider making fund membership compulsory for
  all employees
Basic premises


• Withdrawal mechanism on retrenchment could be
  extended to RAs and Preservation funds
Options under consideration:


• Full withdrawal permitted with increased tax thresholds
   • Higher tax to discourage withdrawal
• 3 -5 year monitoring period
   • Monitor the impact of the default position and if no change then
     re-visit
• Partial withdrawal only
   • Eg 1/3rd
Options under consideration:


• Maximum income per month
   • If unable to find employment
• Full preservation with no withdrawals


• Greater portability between funds (obligation to transfer
  and to accept benefits)
Provident and Pension fund alignment
Overall acknowledgment


• Many trustees lack knowledge, skill and expertise required
  to perform their duties
• Will introduce mandatory regular training
Enabling a better income at retirement
Enabling a better income at retirement


• PROBLEM:
    •   saving towards retirement is highly regulated, member’s hand is
        held the entire way:
         • Compulsory membership, contributions collected at source,
           investment decisions taken by trustees, only limited access
           to funds
•    BUT at retirement, member is thrown to the sharks and left
    to own devices entirely
Types of Annuities


Life Annuity (Conventional Annuity)          Living Annuity
Guaranteed income for life                   Risk of longevity
No investment risk                           Investment risk
Fixed draw down                              Variable draw down
No ongoing advice                            High advice
Relatively well costed, CPI linked annuities High costs, layered costs
a possible concern




                 May only be sold by registered life insurance companies
Stats                                      Types of annuities
                                           sold
                                           2003                 50% Life annuities
Size of the Annuities market               2011                 14% life annuities
2003                 R8 billion
2011                 R31 billion plus



                                                      Commission on
                                                      a LA up to 10 x
 Average drawdown is 7.5% plus charges                higher than life
  Average drawdown is 7.5% plus charges
                  ==10%                                   annuity
                      10%
 22out 33chance that income will drop by                Only 10% of
    out chance that income will drop by
      30% in real terms while alive                   policies sold by
        30% in real terms while alive
                                                      brokers are life
                                                         annuities
NT’s challenge


• Considering ways to:
   • Reduce the cost of living annuities and
   • Reduce the level of financial advice required
Potential new vehicle


• Tax free vehicle based on investment collective schemes
  out of which retirement income can be paid
   › No investment choice
   › BUT may choose between different vehicles with different
     underlying investments
   › May switch from one to another
   › Restricted drawdown
   › Restricted commission
   › Prudent investment regulations (Reg 28)
Increased assistance to retirees


• Fund to have a default retirement income product
• Member may opt out of the default
Improving tax incentives for retirement savings
Improving tax incentives for retirement savings


• Nearly R1 trillion is invested in SAs retirement market,
  mostly in the private sector!
• Aim is to simplify tax treatment of contributions to the
  different funds
• Increase rate across the board
Employer may deduct between 10% and 20% of approved remuneration of
 Employer may deduct between 10% and 20% of approved remuneration of
employee as aabusiness expense. These contributions do not form part of
 employee as business expense. These contributions do not form part of
                   the employee’s taxable income!
                    the employee’s taxable income!
2012 Budget proposals:


• Employer contributions to funds will be taxed as a fringe
  benefit in hands of employees
• Employee’s deduction iro own and employer contributions:
   • 22.5% capped at R250 000
   • 27.%% capped at R300 000
   • Min deduction R20 000 to allow low income earners to deduct in
     excess of the limits
2012 Budget proposals:


• Non deductible contributions will be exempt from income
  tax on retirement, against lump sum or annuity
• Rollover – same as RAs
• Contributions to risk and administration costs will be
  included in the maximum allowable deduction
What still needs to be decided?


• Treatment of defined benefit and hybrid funds
• Exact definition of the Income Base to which the
  percentages and caps will apply.
Incentivising non retirement savings
Incentivising non retirement savings


• Focus is on low to medium income earners
• Current:                         • Proposed
   • Interest exemption              • Scrap interest exemption
   • BUT not visible enough          • Tax incentivised savings
     and                               vehicles
   • Restricts investment choice
     to interest bearing
     accounts
How will it work?


• Earnings and capital tax free
• Contributions made from after tax money
• Caps on contributions:
    • R30 000 p/a
    • R500 000 per lifetime
        • If 45 -49: ¼ of lifetime limit
        • If 50 -59: ½ of lifetime limit
        • If over 60: max
            • In one transaction period
• Savings vehicle must be registered with SARS
What will it be?


• 2 options:

       Interest bearing          Equity accounts
       accounts which            which may invest
       may invest in bank        in CIS s that hold
       deposits,                 JSE listed equities
       Retail savings       OR   or which directly
       bonds or interest         own property
       bearing CIS s such
       as money market
       funds
Where to from here


• Broad consultation
• Feedback by the end of November
• Policy decisions to be taken
• Draft and then final legislation
• WATCH THIS SPACE!
Thank you


In formulating the information in this document, Liberty has taken
due care to ensure that the views and opinions are based on
information which is relevant and accurate. While every care has
been taken before opinions and views are given, no
representation, warranty or undertaking (expressed or implied) is
given and no responsibility or liability is accepted by Liberty as to
the accuracy of the information contained herein. Any
recommendations made must take into account your clients
specific needs and personal circumstances. Any legal, technical
or product information contained in this document is not to be
construed as advice by Liberty.
 
Liberty Group Ltd is an Authorised Financial Services Provider in
terms of the FAIS Act ( no. 2409)



                                      31

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Liberty retirement fund reform

  • 1. Update: Retirement Fund Reform Geraldine Macpherson Legal marketing specialist Gauteng
  • 4. Compulsory preservation • One of the 2 biggest culprits for the lack of retirement funding for so many has been identified as lack of preservation of benefits • The other one is the lack of annuitisation of provident fund benefits
  • 5. Basic premises • Accrued and vested rights will be protected: • All funds held in retirement funds at the date of implementation will be subject to the “old” rules when it comes to access and withdrawals • Only new funds and new contributions will be subject to the new rules.
  • 6. Basic premises • Retirement funds must “nudge” members into preservation: • Eg default preservation fund • Could consider making fund membership compulsory for all employees
  • 7. Basic premises • Withdrawal mechanism on retrenchment could be extended to RAs and Preservation funds
  • 8. Options under consideration: • Full withdrawal permitted with increased tax thresholds • Higher tax to discourage withdrawal • 3 -5 year monitoring period • Monitor the impact of the default position and if no change then re-visit • Partial withdrawal only • Eg 1/3rd
  • 9. Options under consideration: • Maximum income per month • If unable to find employment • Full preservation with no withdrawals • Greater portability between funds (obligation to transfer and to accept benefits)
  • 10. Provident and Pension fund alignment
  • 11. Overall acknowledgment • Many trustees lack knowledge, skill and expertise required to perform their duties • Will introduce mandatory regular training
  • 12. Enabling a better income at retirement
  • 13. Enabling a better income at retirement • PROBLEM: • saving towards retirement is highly regulated, member’s hand is held the entire way: • Compulsory membership, contributions collected at source, investment decisions taken by trustees, only limited access to funds • BUT at retirement, member is thrown to the sharks and left to own devices entirely
  • 14. Types of Annuities Life Annuity (Conventional Annuity) Living Annuity Guaranteed income for life Risk of longevity No investment risk Investment risk Fixed draw down Variable draw down No ongoing advice High advice Relatively well costed, CPI linked annuities High costs, layered costs a possible concern May only be sold by registered life insurance companies
  • 15. Stats Types of annuities sold 2003 50% Life annuities Size of the Annuities market 2011 14% life annuities 2003 R8 billion 2011 R31 billion plus Commission on a LA up to 10 x Average drawdown is 7.5% plus charges higher than life Average drawdown is 7.5% plus charges ==10% annuity 10% 22out 33chance that income will drop by Only 10% of out chance that income will drop by 30% in real terms while alive policies sold by 30% in real terms while alive brokers are life annuities
  • 16. NT’s challenge • Considering ways to: • Reduce the cost of living annuities and • Reduce the level of financial advice required
  • 17. Potential new vehicle • Tax free vehicle based on investment collective schemes out of which retirement income can be paid › No investment choice › BUT may choose between different vehicles with different underlying investments › May switch from one to another › Restricted drawdown › Restricted commission › Prudent investment regulations (Reg 28)
  • 18. Increased assistance to retirees • Fund to have a default retirement income product • Member may opt out of the default
  • 19. Improving tax incentives for retirement savings
  • 20. Improving tax incentives for retirement savings • Nearly R1 trillion is invested in SAs retirement market, mostly in the private sector! • Aim is to simplify tax treatment of contributions to the different funds • Increase rate across the board
  • 21. Employer may deduct between 10% and 20% of approved remuneration of Employer may deduct between 10% and 20% of approved remuneration of employee as aabusiness expense. These contributions do not form part of employee as business expense. These contributions do not form part of the employee’s taxable income! the employee’s taxable income!
  • 22. 2012 Budget proposals: • Employer contributions to funds will be taxed as a fringe benefit in hands of employees • Employee’s deduction iro own and employer contributions: • 22.5% capped at R250 000 • 27.%% capped at R300 000 • Min deduction R20 000 to allow low income earners to deduct in excess of the limits
  • 23. 2012 Budget proposals: • Non deductible contributions will be exempt from income tax on retirement, against lump sum or annuity • Rollover – same as RAs • Contributions to risk and administration costs will be included in the maximum allowable deduction
  • 24. What still needs to be decided? • Treatment of defined benefit and hybrid funds • Exact definition of the Income Base to which the percentages and caps will apply.
  • 26. Incentivising non retirement savings • Focus is on low to medium income earners
  • 27. • Current: • Proposed • Interest exemption • Scrap interest exemption • BUT not visible enough • Tax incentivised savings and vehicles • Restricts investment choice to interest bearing accounts
  • 28. How will it work? • Earnings and capital tax free • Contributions made from after tax money • Caps on contributions: • R30 000 p/a • R500 000 per lifetime • If 45 -49: ¼ of lifetime limit • If 50 -59: ½ of lifetime limit • If over 60: max • In one transaction period • Savings vehicle must be registered with SARS
  • 29. What will it be? • 2 options: Interest bearing Equity accounts accounts which which may invest may invest in bank in CIS s that hold deposits, JSE listed equities Retail savings OR or which directly bonds or interest own property bearing CIS s such as money market funds
  • 30. Where to from here • Broad consultation • Feedback by the end of November • Policy decisions to be taken • Draft and then final legislation • WATCH THIS SPACE!
  • 31. Thank you In formulating the information in this document, Liberty has taken due care to ensure that the views and opinions are based on information which is relevant and accurate. While every care has been taken before opinions and views are given, no representation, warranty or undertaking (expressed or implied) is given and no responsibility or liability is accepted by Liberty as to the accuracy of the information contained herein. Any recommendations made must take into account your clients specific needs and personal circumstances. Any legal, technical or product information contained in this document is not to be construed as advice by Liberty.   Liberty Group Ltd is an Authorised Financial Services Provider in terms of the FAIS Act ( no. 2409) 31