Employers in many sectors will also need to ensure that they are properly prepared to minimise any adverse impacts from the changes arising from Brexit.
We’ve published guidance on how trustees can protect schemes from corporate distress so they know what to look for and the options they have available. It empowers trustees to be aware of risks and tackle challenges themselves, allowing The Pensions Regulator (TPR) to concentrate resources where they are needed most.
Early warning signs
Trustees should be vigilant of the early warning signs which include:
- impending debt maturities
- debt covenant breaches or waivers
- high leverage
- requests for deficit repair contribution deferrals
- key management changes
- credit rating downgrades
Trustees also need robust financial information from an employer. If this is not forthcoming they must be clear in their expectations and about the employer’s responsibilities to the scheme, as a major creditor. It may feel difficult or awkward to probe a struggling employer, but trustees’ most important role is protecting members. They should not support an employer blindly.
Employers must understand trustees can’t offer support without securing protections in return. This means they must have as complete a financial picture as possible.
In restructuring negotiations, other creditors will seek protections which are often detrimental to the employer’s ability to support the scheme. Trustees must have a seat at the table during restructuring conversations. They must be treated on an equal footing as any other financial stakeholders.
Trustees should ensure good governance standards by sourcing quality financial information and boosting their skills. This will give schemes the best chance of being able to offer reasonable, justifiable support to an employer while still protecting their members.
Financial distress isn’t unique to today’s uncertain economic situation. Our supervision teams have long supported trustees grappling with such issues. It is usually those schemes with good governance that are best prepared to face the challenges caused by a distressed employer.
Now is the right time for trustees to ensure the right standards are followed so that they are confident they have the knowledge, skills and understanding to manage the challenges – even if that means paying for professional advice. Conflicts of interest are a familiar area of concern for TPR’s supervision teams. In a downturn, significant conflicts are more likely. Trustees may be unwilling to challenge an employer who pays their wages. Some may worry about being a ‘problem’ when redundancies are possible.
Conflicts can stop trustees focusing on their chief role as members’ first line of defence. Trustees should explore whether they need extra training and advice so that emerging conflicts can be dealt with effectively.
Restructuring and insolvency are complicated areas. Both may lead to a weakening of covenant. Trustees should explore whether they feel more training or advice in assessing covenant strength would be helpful.
TPR can’t get involved with every scheme. Where we do get involved we’ll be clear about our expectations, consistent in our risk-based approach and work to support the trustee in ensuring the scheme is treated equitably. Being ready now will mean trustees will be less likely to need help in the first place.
Trustees must understand that the sooner they act in the face of a distressed sponsor the more options they’ll have to protect members and the more time they’ll have to do it. They will also be able to ensure that employers can take account of their concerns before all other stakeholders have finalised their positions. Do not wait until the warning signs appear – use our guidance to get effective risk management processes in place now.
This article was featured in Pensions Aspects magazine January edition.
Last update: 27 January 2021
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