FCA confirms final rules on improving the quality of pension transfer advice

The Financial Conduct Authority (FCA) has today published feedback and final rules and guidance from its consultation on improving the quality of pension transfer advice.

Today the FCA has published new rules aimed at improving the advice people receive when considering transferring their pension. This policy statement confirms that the FCA is taking forward most of the proposals put forward for consultation in March 2018, which mainly related to transfers from defined benefit (DB) to defined contribution (DC) pension schemes. This consultation proposed further changes to its rules and guidance on advising on transferring from safeguarded benefit schemes (where there is some form of guarantee or promise about the rate of secure pension income that the member will receive, or will have an option to receive).

The changes include a requirement for all pension transfer specialists to hold a specific qualification for providing advice on investments by October 2020, enabling advisers to identify whether a proposed pension scheme and investment solution is consistent with the client’s needs and objectives. The FCA also expects advisers to consider their client’s attitude to, and understanding of, the risks of giving up safeguarded benefits for flexible benefits. These new rules should improve the advice that people get when considering transferring their pension, including as a result of the pension freedoms.

As part of the consultation, the FCA also sought views on whether to intervene in charging structures. This could include banning contingent charging, which is when a fee for advice is only paid when a transfer goes ahead. It also asked about the impact on access to advice due to restrictions on charging models.

Contingent charging is a complex area and the responses to the FCA’s consultation confirm its initial analysis that the evidence it has seen does not show that contingent charging is the main driver of poor outcomes for customers. The FCA’s supervisory work to date has also identified a number of other causes of poor advice, and it will carry out further work on the quality of advice.

The FCA’s work on improving the quality of pension transfer advice has been ongoing since 2015 and following our supervisory work, a number of firms have stopped providing pension transfer advice. It is also continuing to speak directly to advisers about what good and bad practice looks like at a series of Live and Local events.

Christopher Woolard, FCA's Executive Director of Strategy and Competition said:

“These new rules will mean advisers have greater certainty and confidence in what we expect when they offer pension transfer advice.

“We expect our interventions to improve the quality of advice which will help to reduce the number of complaints against advisory firms. We will measure consumer outcomes through our supervisory work.”

“Any changes to our rules on contingent charging could have implications for the supply of advice. Because of the significance of this issue to all stakeholders in the market, we will carry out further analysis and consult on new interventions if appropriate in the first half of next year.”

Notes to editors

  1. PS18/20: Improving the quality of pension transfer advice
  2. CP18/7: Improving the quality of pension transfer advice
  3. CP17/16 Advising on Pension Transfers
  4. Find out more information about the FCA.