Documents: 07/03/2001 - An consultation paper on the proposed scheme of arrangement or `compromise' under the Companies Acts to cap the GAR liabilities of the fund Appendix 3 GUARANTEED ANNUITY RATE (GAR) COMPROMISE SCHEME - CONSULTATION YOUR QUESTIONS ANSWERED
What is the position today? The House of Lords gave additional rights to policyholders with GARs. The value of these rights will only be known when the benefits are taken over the next 40 years. At the time of the House of Lords' judgement in July 2000, we estimated that the value transferred as a result of that judgement from all with-profits policyholders to those with GARs was £1.3 billion (the £1.5 billion you may have seen quoted includes £200 million for bringing past retirements into line with the judgement - that process, the Rectification Scheme, will happen regardless of any compromise scheme). That transfer of value was achieved by removing seven months of final bonus in 2000 from the smoothed long-term rate of bonus that would otherwise have been available for with-profits policyholders. Why a scheme? A scheme of arrangement can bring benefits for all members. Without it, there will be continuing uncertainty and a probability of poorer investment returns. How was the £1.3 billion calculated? The Society's estimate of £1.3 billion depended on assumptions we made about the next 40 years, in particular:
Clearly,
other assumptions would produce other values. We have monitored what members
with GARs have actually been doing since the House of Lords' judgement on 20
July 2000 and since the Society closed to new business on What would happen under a scheme of arrangement? On the basis set out, the Society estimated that the House of Lords gave the GAR policyholders who had yet to retire an additional benefit of £1.3 billion. A scheme would allow, by agreement among the members and with the sanction of the High Court, the exchange of the right to a GAR (whose value varies) for an additional fund benefit set down under the scheme. There
is a range of ways in which the GAR value could be given. However, a scheme
cannot succeed unless members vote for it, and the Court decides that it is
fair to each class of member. It is therefore necessary to fix a single basis
of Having agreed what the value of the scheme should be, the scheme will allow GAR members to have that value added as a one-off increase in all GAR policy values in exchange for giving up the GAR option. For example, the estimated GAR cost of £1.3 billion would be sufficient to increase the GAR policy values by around 20 per cent. in aggregate. What are the benefits of a scheme for all members?
Together these would allow the Society to restore the investment freedom of the fund. What are the benefits of a scheme for members who have policies without GARs?
What are the benefits of a scheme for members with GARs?
GAR members may prefer to have the value in a form which is different from that provided by GAR benefits particularly because they do not get the benefit of the added value from the GAR on the tax free cash sum nor on the range of investment backed annuities now available nor on income drawdown arrangements. Furthermore, an individual GAR policyholder may happen to retire when market annuity rates are high and the GAR adds no value. Those furthest from retirement may anticipate a higher value for their existing GAR benefits as they expect to pay more premiums and their current fund value may be relatively small. On the other hand, without a deal, the value of their existing GAR benefit is lower because they will suffer a longer period with impaired investment freedom. If I am a GAR policyholder, will I be able to take a cash payment in lieu of my GAR option ? The purpose of GAR policies is, in the eyes of the Inland Revenue, to provide retirement benefits, and the GAR is an option providing annuity benefits. Consequently a cash payment in lieu of the GAR option is inappropriate and is unlikely to be agreeable to the Inland Revenue or our regulator, the Financial Services Authority . How can I be sure that my interests are being protected?
What will happen to future premiums to GAR policies after the House of Lords' judgement? In order to finalise a scheme it is necessary to set a date after which benefits purchased by new premiums do not share in the benefits added by the scheme of arrangement (otherwise it would not be possible to finalise the figures). These premiums will, of course, still provide normal policy benefits other than GAR annuity benefits. There are several possible dates from which this could take effect. For example, a date in the past such as 1 March 2001 (the date the deal with the Halifax was completed), or some date in the future. A date has to be set and we will be very interested to learn policyholders' views on this. What happens next to take the scheme forward and over what period of time? What we want to do first is to talk to with-profits policyholders about the proposed scheme. This will help us to decide how best we can communicate the final scheme in a way that will help policyholders understand all the issues and the consequences before making a decision. At the same time we are also working hard on preparing the details of the scheme taking into account all of the complex legal issues that need to be considered. When both processes are finished we will write to all with-profits policyholders giving them full details of the scheme. We expect this to happen some time this Summer (possibly around July). Every with-profits policyholder will then be invited to vote on the issue (either in person or by proxy) at a special meeting which we hope to hold in late Summer/early Autumn this year. Then the scheme has to be put before the High Court to agree that it is fair. This will take place quite quickly after the special meetings. It is only then, after the approval of with-profits policyholders and the Court, that the scheme can be implemented. This document provides you with information only. The contents may have been discussed with you by a representative of Halifax Equitable but no recommendation will have been made as to the suitability of any particular approach in relation to your own circumstances. |