Pension sharing

Do you know if the pension schemes in your case have received a copy of Form A the Ancillary Relief application form?
Any completed Form A where pension sharing/attachment box is ticked is required to be "served on"/sent to any pension scheme that might be affected.
I think the non-member spouse should check the pension schemes have received it because it puts the non-member spouse into a position of being able at the earliest stage to ask the pension scheme direct for the information listed in SI 1048 Pension Sharing Information Regulations - ie the scheme can't say they know nothing- they've been officially notified.
If all else fails the non-member spouse can then ask the pension schemes directly about the rules they apply to a pension credit resulting from sharing -
the non-member spouse can never get the CETV without the consent of the member unless ordered by the court.

Maggie, I realy do not know about Form A.

So, if I'm reading this correcly if this was completed then I could approach the pension companies direct.

Is is appropriate for me to ask them for a schedule of benefits or not, and if so how do I word this. Am hoping that schedule of benefits will estimate ex's pensions on retirement. Ex's sols have done this and the figures they quote are ridiculously low.
(Have used on line lgps calculator).

I'm trying to prove disparity in incomes.

Are you wearing out your solicitors?
Can you get your divorce file from your solicitor now?
From form E you've got contact details for the pensions involved,so as a courtesy to them and to see where your sick sol got to in the process I'd be inclined to ring and check they've received Form A.
According to David Salter under
FPR 1991,r 2.70(6) any Form A likely to involve pension sharing or attachment has to be served on any pension scheme affected.
That contact could give you a good opportunity to ask for a copy of the scheme rules on pension sharing.
At the very least you'll get the name of someone who deals with pension sharing.
LGPS brilliant/helpful/humane compared with big faceless insurance pension co's running other pensions.

PS you might want to know that if you have any small pension in your own name which you could swap all of for cash now
[ "commutation" - you have to have less than c£16k in pension funds in total/usually have to be over 50] once you've shared a bigger pension you won't be able to cash all of it.



from the LGPS website - pension credit member section :
"Your benefits are held in your ex-spouse/ex-civil partner 's pension fund where they increase in value every year, until payment. Your pension will continue to receive cost of living increases every year, as it is paid to you: as the cost of living increases, so will your benefits."
Index linking is worth a fortune - check out the FSA Annuity comparison tables to see how much it costs outside a final salary scheme?
Apart from that growth looks as though you couldn't grow your new LGPS pension by paying into it yourself.

I would try very hard to get confirmation of what income I'd get from a notional 50% of the final salary pension and when.
I haven't a clue and would love to know how LGPS will work out what your LGPS pension income will be when the time comes for you to take it.

Assuming the others are money purchase pensions - ie you build up a fund and then have to shop around for a pension at retirement - they're much more transparent deals.

Maggie,

Yes, I come with a health warning when employing solicitors.

Do I understand you correctly in that pensions will provide different cetv if they know its for Ancillary Relief.

Current 'sick solicitor' already had cetv valuations provided by me from previous solicitor when she filed form A, so don't know whether she will have applied criteria.

One lot of my papers are with 2nd solicitor or lsc or sra - am trying to retrieve these with lengthy consultations.

Most important documents are now with solicitor no. 3 - she has my life in her hands (including only copy of ex's form e).
She has e-mailed saying she will forward me a 'cd' and I have requested several times return of my file - to date- no response.

Have just read a thread wherein Mike confirmed that in long marriages pension contributions up until financials are agreed it will all go into the pot (quite important with lgps).

Also, his other 2 pensions (I think based on stock market) were down valued on 2nd valuation by about 30,000 last year. As the stock market has now picked up what value would be placed on these;

a. the intial valuation (some 2 years plus ago.

b. the second valuation - some 6 months ago

c. valuation at date of court hearing


I appreciate these questions may seem petty to plenty of people and am advised to seek the advice of solicitors but from my experience solicitors have no idea when it comes to valuing pensions.

God, I really don't know what I'm talking about but I think I'm learning faster than those who should be advising me?????

Am learning from other peoples mistakes unfortunately;

"Do I understand you correctly in that pensions will provide different cetv if they know its for Ancillary Relief."
No - sorry if I gave that impression:
A CETV is a CETV - no diff whether it's for divorce or transfer out.By definition it's produced by the pension scheme itself.
The scheme will always produce the same CETV on the day of the calculation whatever the purpose.
But CETV calculations do change over time - even overnight.
In my case the CETVs for any pensions I shared [not LGPS] were all re-calculated at the date of the FDR and then re-calculated by the scheme at the date of implementing the pension sharing order /splitting the original pension and re-allocating the new share.

I had a change of solicitor within the same firm - all sorts of falling between two stools went on - I should have asked to see my file at change of horses.
Apparently our divorce files belong to us because we're paying for them - who'd have guessed?

Maggie, thanks for clarification.

You really are one step ahead of me with your thoughts, i.e. Ex's two smaller pensions (not current lgps) were initially valued in Jan 2008 at 76,000. When Form E's were exchanged (june 2009) the valuations went down to 60,000. Am I right in thinking this is because at that time ftse index was really low. It has since picked up again.

Well, thats good news form me then if pensions are valued at date of hearing hopefully all three will have increased in value putting a little extra into the pot.

What are your views to ex's solicitor only putting 25% of his pensions into the pot - 31 year marriage and him now 58 years old.

PS I only have state pension and Serps 2.

Ex's solicitor only putting 25% of his pensions in pot? I'd have to challenge it - what's their reasoning ?
Apparently for offsetting - ie swapping your notional 50% of "his" pensions for another asset- it's being taken as read by lawyers and judges that it should be a reduced amount - so quite hard to fight - Personally I just wouldn't do offsetting if the CETV was reduced by that amount - too costly to be worth whatever you achieve instead?
For sharing I've never heard of such discounting being suggested.
Have they given any reasons?