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Article | Pensions Briefing

Superfunds – a plan B or an end-game in their own right?

April 27, 2022

The options available for defined benefit (DB) pension schemes and sponsors looking to secure member benefits took a huge step forward with Clara-Pensions becoming the first superfund to receive The Pension Regulator’s approval.
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In this article we outline how we can help you consider the recently extended range of options for securing member benefits; whether that is because you have a proposal on the table (for instance, from your corporate sponsor) or as a trustee you are keen that the scheme develops its plan B, in case the journey plan becomes derailed in the future.

Jargon-buster: What is a superfund?

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Glossary

  • A buyout is an insurance product where, for a premium, the insurer is legally responsible for paying members their benefits directly, allowing the scheme to wind up. Members’ benefits are protected by the insurance regulatory regime and compensation scheme.
  • A defined benefit (DB) pension scheme is one that provides a specified level of benefit. The corporate sponsor is responsible for making good any funding shortfall (albeit in some schemes this responsibility is shared with any active members).
  • Trustees and corporate sponsors may agree a journey plan which, over time, is expected to take the scheme to a point where it has sufficient assets to no longer have any reliance on the sponsor.
  • There are a range of innovative third-party capital solutions being brought to the market, which are designed to reduce risk during a journey plan. Examples include: guaranteeing to cover buyout over a period of time; paying the scheme a stream of cashflows designed to match scheme benefits and reduce risk in the scheme; or providing additional capital in the event funding deteriorates below a specified level.

Superfunds (also known as commercial consolidators) are pension funds set up by a commercial entity to consolidate defined benefit (DB) pension schemes. They are designed to meet member benefits in full, with a high probability but at a cost lower than an insurance buyout. However, they will not offer the same degree of security as an insurance buyout. Following the transfer of a pension scheme to a superfund, the original sponsoring employer has no further liability. The employer covenant is, in effect, replaced by a capital buffer that is part of the superfund.

Transferring to a superfund removes the employer covenant - “type-A” clearance would therefore be sought from The Pensions Regulator, and as part of that, it will wish to see trustee due diligence on the proposed transfer.

Superfunds - How do they work. The employer covenant is, in effect, replaced by a capital buffer that is part of the superfund.
Superfunds - How do they work

Where do superfunds fit in relative to other potential solutions?

Although superfunds can be suitable for some schemes, especially those where the covenant is not certain, one size rarely fits all in the pensions industry and there are alternatives. Our at-a-glance summary below sets out how the superfund solution may work with other key options available to schemes:

Where the superfund solution fits, alongside other key solutions
Option
1. Self-managed run-off 2. Third-party capital solution 3. Superfund (or other scheme transfer) 4. Insurance buyout
Suitable for schemes with funding level, allowing for available employer contribution (% of buyout) Any 85-90% 85-90%
Buyout unaffordable in foreseeable future
100%
Does the current scheme and trustee board remain in place? Yes Yes No – replaced by superfund No – replaced by insurer
Does the employer covenant remain in place? Yes Yes No – but may take equity No
Do the trustees cede significant / all control over the management of the scheme assets No Yes Yes Yes
Is buffer capital part of the solution? No – unless there is a contingent asset Yes Yes Yes – by far the best
Is it tried and tested? Yes No No Yes
Are members guaranteed their full benefits? No – PPF safety net No – PPF safety net No – PPF safety net Yes – default risk is remote
Advisory costs for implementation Low High High Low
Examples Most schemes currently operate like this Solutions such as Legal & General’s Insured Self Sufficiency Clara-Pensions Several UK regulated insurers offer this solution

At present, the vast majority of UK schemes are focusing on either option 1 above (self-managed run-off) or option 4 (journey to buyout) and these are likely to remain appropriate for most schemes. However, we believe that for a number of schemes other approaches might result in better outcomes for members and sponsor employers. Option 2 above (third-party capital solution) is an example that can be appropriate even where the covenant is strong whereas option 3 (superfund, or other scheme transfer) would usually apply where the covenant was weak(ening) or had failed (for example, a transfer to enable coming out of PPF assessment).

WTW has extensive experience in helping trustees identify their strategy in order to deliver clarity of journey for all stakeholders

WTW has extensive experience in helping trustees identify their strategy in order to deliver clarity of journey for all stakeholders.

The interplays between outcomes for different individuals can be complex. As an adviser these are issues we have advised upon time and time again, whether as actuary to pension schemes or as expert actuary when policyholders are transferred from one insurer to another.

Who could superfunds work for?

Reasonably well-funded schemes struggling with a weaker sponsor whose future is uncertain
Schemes without scale who have extensive running costs and/or require considerable management time
Sponsors who want to cease their relationship with a scheme and are prepared to make a one-off contribution to remove the scheme
A parent company with no legal obligation to the scheme with the above conditions
Schemes with strong and supportive sponsors
Schemes within touching distance of a full buyout

The Pensions Regulator has provided details of its gateway test that deals would need to meet in order to receive clearance approval.

Schemes should have a plan B

Contingency planning has been encouraged by the Regulator for a number of years. We believe that pension schemes should have a considered plan B as well as a clear understanding of what circumstances would trigger its implementation. For example, should self-managed run-off become unrealistic or start to look highly risky due to a worsening of covenant, which plan B should be in place to improve outcomes for members? That plan B might very well be one of the options we have set out above, or a blend of them.

Importantly, due to the dynamics experienced when a covenant starts weakening (which can happen rapidly) or fails, some of these options may become closed off to a scheme resulting in worse member outcomes. Developing what the plan B looks like means that trustees, often in collaboration with the employer, can mitigate potential obstacles that would become real barriers should the covenant worsen or fail in the future.

WTW’s advisory service

Improving member outcomes – Creative solutions

WTW’s advisory service helps trustee boards compare the superfund option with the more traditional alternatives, allowing you to navigate to the optimal destination for your scheme. Our six steps provide a robust process for considering a superfund proposal, as explained in this article: Thinking of moving into a superfund? The six steps trustees should take first. We utilise this framework – in a proportionate way – when developing a suitable plan B for your scheme.

We will make it easy for you to find the right solution, working with you end-to-end, using our easy-to-understand, jargon-free consulting approach. The right strategy may not be a superfund – we will independently consider your different options

We will make it easy for you to find the right solution, working with you end-to-end, using our easy-to-understand, jargon-free consulting approach. The right strategy may not be a superfund – we will independently consider your different options.

Why WTW

  • Truly independent - We do not and have never provided services to any of the superfunds.
  • Breadth of expertise - We have practitioners across all of the key disciplines you’d need from an adviser in this area. We have a wealth of experience advising on appropriate endgames and plan B contingencies, including advising on superfunds relative to other solutions, and working to get them into a good position to be able to transact now that approval has been given.
  • Collaboration - We will work with you, your existing advisers and the employer openly and constructively.
  • Clear guidance - We won’t sit on the fence. We will offer you specific advice and provide the rationale for that advice, allowing you to make the best decision for your members.
  • End-to-end - We’ll support you all the way through to execution. Our service will meet the requirements of the Regulator’s trustee guidance in this area.

If you would like to learn more about superfunds, please contact your WTW consultant or one of the contacts below.

Contact

Head of Transactions
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Senior Director, Transactions
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Senior Director, Transactions
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Director, Transactions


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