There are a couple of themes developing on this thread.
I will address a few here
1) "The best ARF strategy is to just invest in equities" (the Colm Fagan approach) whilst I can agree with some of Colm's arguments I think he has taken his own good fortune and extrapolated this to represent the "best course" for almost everyone with an ARF.
I have attached a white paper which sets out the arguments for the total return approach he is taking but also cautions against seeing a high yield strategy as a panacea for the ARF conundrum.
Colm has been extremely fortunate, but its hard to distinguish between luck and skill over short-time periods. I also take issue with the sequence of return risk being "overstated". It is one of the most significant risks facing those contemplating their ARF investment strategy and one of the most complex issues to attempt to resolve.
This illustrates the danger of a fixed withdrawal strategy which can result in capital and income depletion during retirement.
I agree with Colm that the answer is to dynamically vary the withdrawal strategy but, of course, this also needs to be managed within the context of the imputed distributions.
• Certainty comes at a cost
• Understanding your objectives (income and income growth vs succession) is pivotal in portfolio selection and management
• This needs to be balanced off with your need, willingness and capacity for investment risk
• A “default option” cannot replace the above trade-off process
2) What guidance notes/best practice have the professional bodies issued around this question and how has the guidance changed over the years? Are the various representative bodies broadly in agreement? Are links available?
I was talking to a leading consultant in Ireland on this very subject yesterday.
We agreed that the guidance for Irish financial advisers on this matter is virtually non existent compared to, say, the UK or USA.
One possible explanation that has been put to me on more than one occasion is that regulation in Ireland is principles-based whereas the UK has a rules-based regulatory system.
By way of an example, I recently consulted for someone who used to work in Ireland but has now moved back to the UK.
They have an Irish defined benefit pension and have been offered an enhanced transfer value.
The question: who regulates advice in respect of the numerous complex decisions they need to make?
It’s a lot of money. Nearly €500k
A substantial part of their retirement pot which will be required to provide for their needs for the rest of their lives.
It’s important right? So; there MUST be regulatory oversight. Surely.....
I consulted with both senior counsel and the UK FCA :
The Investment Intermediaries Act 1995 (IIA) in Ireland only applies to regulated activities related to investment services connected with investment instruments. The list of investment instruments includes Personal Retirement Savings Accounts (PRSAs) therefore if the Pension is not a PRSA, IIA does not
apply.
The Pensions Authority in Ireland governs the operations of Pensions in Ireland however they do not have any requirements placed on Financial Advisers with respect to providing advice on pensions.
We wrote to the UK Financial Conduct Authority (FCA) asking the question; would a UK resident who previously held an Irish Defined Benefit Pension scheme but had now moved back to the UK, need a UK Pension Transfer Specialist to provide advice? Their response; "'The mandatory advice requirement legal framework actually bites on trustees of pensions scheme in Great Britain and
Northern Ireland by requiring trustees to check that a member seeking to transfer has taken independent advice (see sections 48 and 51 of the Pension Schemes Act 2015). A member of an Irish scheme would not necessarily need to obtain advice from a UK authorised adviser.”
Consequently, there does not appear to be any regulatory oversight of this transaction by either the Central Bank of Ireland, The Pensions Authority of Ireland or the UK Financial Conduct Authority.
The Central Bank of Ireland does not regulate Taxation Advice
This is not to say that no part of the transaction falls under regulatory scrutiny but the horse will have already bolted by the time it comes onto the radar.
I will address a few here
1) "The best ARF strategy is to just invest in equities" (the Colm Fagan approach) whilst I can agree with some of Colm's arguments I think he has taken his own good fortune and extrapolated this to represent the "best course" for almost everyone with an ARF.
I have attached a white paper which sets out the arguments for the total return approach he is taking but also cautions against seeing a high yield strategy as a panacea for the ARF conundrum.
Colm has been extremely fortunate, but its hard to distinguish between luck and skill over short-time periods. I also take issue with the sequence of return risk being "overstated". It is one of the most significant risks facing those contemplating their ARF investment strategy and one of the most complex issues to attempt to resolve.
This illustrates the danger of a fixed withdrawal strategy which can result in capital and income depletion during retirement.
I agree with Colm that the answer is to dynamically vary the withdrawal strategy but, of course, this also needs to be managed within the context of the imputed distributions.
• Certainty comes at a cost
• Understanding your objectives (income and income growth vs succession) is pivotal in portfolio selection and management
• This needs to be balanced off with your need, willingness and capacity for investment risk
• A “default option” cannot replace the above trade-off process
2) What guidance notes/best practice have the professional bodies issued around this question and how has the guidance changed over the years? Are the various representative bodies broadly in agreement? Are links available?
I was talking to a leading consultant in Ireland on this very subject yesterday.
We agreed that the guidance for Irish financial advisers on this matter is virtually non existent compared to, say, the UK or USA.
One possible explanation that has been put to me on more than one occasion is that regulation in Ireland is principles-based whereas the UK has a rules-based regulatory system.
By way of an example, I recently consulted for someone who used to work in Ireland but has now moved back to the UK.
They have an Irish defined benefit pension and have been offered an enhanced transfer value.
The question: who regulates advice in respect of the numerous complex decisions they need to make?
It’s a lot of money. Nearly €500k
A substantial part of their retirement pot which will be required to provide for their needs for the rest of their lives.
It’s important right? So; there MUST be regulatory oversight. Surely.....
I consulted with both senior counsel and the UK FCA :
The Investment Intermediaries Act 1995 (IIA) in Ireland only applies to regulated activities related to investment services connected with investment instruments. The list of investment instruments includes Personal Retirement Savings Accounts (PRSAs) therefore if the Pension is not a PRSA, IIA does not
apply.
The Pensions Authority in Ireland governs the operations of Pensions in Ireland however they do not have any requirements placed on Financial Advisers with respect to providing advice on pensions.
We wrote to the UK Financial Conduct Authority (FCA) asking the question; would a UK resident who previously held an Irish Defined Benefit Pension scheme but had now moved back to the UK, need a UK Pension Transfer Specialist to provide advice? Their response; "'The mandatory advice requirement legal framework actually bites on trustees of pensions scheme in Great Britain and
Northern Ireland by requiring trustees to check that a member seeking to transfer has taken independent advice (see sections 48 and 51 of the Pension Schemes Act 2015). A member of an Irish scheme would not necessarily need to obtain advice from a UK authorised adviser.”
Consequently, there does not appear to be any regulatory oversight of this transaction by either the Central Bank of Ireland, The Pensions Authority of Ireland or the UK Financial Conduct Authority.
The Central Bank of Ireland does not regulate Taxation Advice
This is not to say that no part of the transaction falls under regulatory scrutiny but the horse will have already bolted by the time it comes onto the radar.
Attachments
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