Contingent Assets and Pension Schemes

Overview

  • A wide variety of contingent assets can be used to improve the security of scheme benefits.

  • The most common contingent assets are parent company guarantees or charges over assets but escrow accounts and letters of credit may also be used.

  • Contingent assets can also potentially reduce the costs of pension contributions and Pension Protection Fund levies.

Cash contributions 

  • These can lead to the immediate improvement in the scheme’s funding position.

  • However, disadvantages for the employer include the cash flow impact on the company and the problem of “trapped” cash which be difficult to return due to legal restrictions on surplus return.

  • Cash contributions may affect existing covenants or restrictions under the company’s borrowing arrangements so it is important that these are carefully checked.

  • It may be necessary to get the lender's consent before making a cash payment over a certain amount.

Escrow accounts or designated deposit accounts

  • An escrow arrangement may potentially breach relevant covenants, for example, under the employer's borrowing arrangements.

  • The trigger events for paying escrow account monies into the scheme will need to be considered and negotiated.

  • At the end of the period for which the escrow is provided, the account balance will often be repaid to the company, for example, if the scheme reaches a specified funding level.

Parent company guarantees

  • These are a very common form of contingent asset.

  • The employer should consider whether it has a strong parent company that could make payments to the trustees if trigger events occur.

  • Advantages of a guarantee for the employer include a low cash flow impact and minimal set-up costs.

  • Disadvantages for the parent company guarantor include reduced borrowing capacity and the impact on existing investors.

  • The parent company may also be in breach of any banking covenants by giving a guarantee.

  • The trigger events under the guarantee and the length of the guarantee will need to be considered and negotiated.  

  • For the Pension Protection Fund to recognise the guarantee (qualifying the employer for a levy reduction) it must be in the PPF’s standard form and meet certain conditions.

Charges and other security

  • The employer will need a suitable unencumbered asset, for example, real estate, that it is willing to charge.

  • Giving a charge over the asset may breach covenants or restrictions under its borrowing arrangements.

  • The disadvantages of encumbering the asset include reduced borrowing capacity or increased borrowing costs in future.

  • The trigger events under the charge arrangement will need to be considered and negotiated.

  • For the Pension Protection Fund to recognise the charge (qualifying the employer for a levy reduction) it must be in the PPF’s standard form and meet certain conditions.

Letters of credit

  • If the employer already has a facility established with its bank a letter of credit could be a reasonably low-cost and straightforward option.

  • If not, the bank would need to set up counter-indemnity arrangements and this process can be time-consuming and expensive.

  • The advantages for the employer of a letter of credit include the possibility of lower contributions to the scheme and a low cash-flow impact.

  • Disadvantages for the employer may include reduced borrowing capacity or increased borrowing costs in future and the impact on the employer's credit rating.

  • Letters of credit are usually short-term but renewable.

  • The trigger events under the letter of credit will need to be considered and negotiated.

  • For the Pension Protection Fund to recognise the letter of credit (qualifying the employer for a levy reduction) it must be in the PPF’s standard form and meet certain conditions.