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April, 2012 WHAT EVERY GHANAIAN EMPLOYEE SHOULD KNOW ABOUT THE NEW 3-TIER PENSION The Pensions Act of 2008 has introduced two new pension ers, to operate in conjuncon with the SSNIT pension scheme. These two new ers provide significant benefit for the Ghanaian worker. However, they introduce some addional risks. © 2012 Petra Trust. All rights reserved. www.petratrust.com 1 Insights | What Every Ghanaian Employee Should Know About The New 3-Tier Pension Structure| April 2012 To fully enjoy these benefits and mini- ing them the best way to save for mize the associated risks, we believe home ownership that every Ghanaian worker should □ know and understand the nature of the ers to manage your tier 2 and tier 3 new Tier 2 and Tier 3 schemes. Im- schemes will lead to better investment returns and service levels portantly, the Ghanaian worker should Tier 2 and er 3 Competition among service provid- know that: □ schemes may be □ The use of banks as custodians of Tier 2 and 3 schemes offer the op- the scheme assets provide addi- portunity for higher investment tional safety for the scheme invest- returns because they represent ments and cash investments in assets such as u lized at ANY Overview of the 3-Tier Pension The payout under both tier 2 and The Pension Act of 2008 has introduced tier 3 is the sum of your contribu- two new pension tiers, namely tier 2 tions plus the investment gains and tier 3, to supplement the SSNIT associated with them, minus any pension scheme. Tier 2 is a mandatory regulatory and service fees and defined contribution scheme1 to which charges. As such, the benefit de- every employee contributes 5% of their pends on how well your service gross salary. Tier 3 is also a defined con- providers manage your invest- tribution scheme; however, it is volun- ments. tary, and it is up to the employee and/ Because contributions to tier 3 or the employer to determine how schemes are made before income much of the employee’s salary will be you paying any tax is assessed, employees can get contributed to this tier. Importantly, additional tax savings by increasing tier 2 and tier 3 schemes are managed taxes, making their contribution to tier 3. by private sector trustees, licensed by Tier 2 and tier 3 benefits are availa- the National Pensions Regulatory Au- ble as a lump sum and can be used thority (NPRA). These two tiers are not for any purpose when accessed. In managed by SSNIT. me as the □ stocks, real estate and bonds down-payment for a mortgage on your primary home without them the best way to save for □ □ general, tier 2 benefits cannot be accessed before retirement. To keep the tax savings on tier 3 con- home ownership © 2012 Petra Trust. All rights reserved. www.petratrust.com tributions, the funds need to re- Tier 2 and Tier 3 Advantages — Opportunity for Higher Returns main in the scheme for at least 10 Unlike the SSNIT tier 1 scheme2, in years for formal sector contribu- which the retirement benefit grows tions, or 5 years for informal sector with the rate of growth of your salary, contributions; however, tier 2 and your retirement benefits under tier 2 tier 3 schemes may be utilized at and tier 3 pension schemes grow with ANY time as the down-payment for the value of the investments the a mortgage on your primary home scheme trustee makes. On average, without you paying any taxes, mak- investments in stocks, bonds and prop- 2 Insights | What Every Ghanaian Employee Should Know About The New 3-Tier Pension Structure| April 2012 erty grow much quicker than salaries tier 3 schemes without paying taxes. As do, leading to a higher benefit to em- an informal sector worker you can now ployees under tier 2 and tier 3, than participate in the formal investing sec- would have been available with a simi- tor without worrying about how the lar investment in the old one tier pen- government will tax your hard-earned sion scheme. income. — Benefits are a function of contribu- — Lump Sum and Accessibility tions and investment returns The benefit from tier 2 and tier 3 Unlike the SSNIT tier 1 pension benefit, schemes are available to employees as which represents a fixed percentage of a lump sum once certain eligibility crite- your salary, tier 2 and tier 3 benefits ria are satisfied. In tier 2, the employee are entirely dependent on how much may access all of their benefit on reach- you contribute and what the invest- ing the retirement age of 60. In tier 3, ment gains or losses on those contribu- formal sector employees may access tions are. These investment gains are a their benefit after 10 years to avoid function of how well your funds are paying taxes, while informal sector em- managed, which in turn is dependent ployees may access their benefit after 5 on the investment ability of your tier 2 years. In all cases, the benefit may be and tier 3 trustee. withdrawn early without having to pay taxes, for the purpose of securing a mortgage for the purchase of a primary — Tax Savings Tier 2 and er 3 pension schemes are run by privately managed companies, working in a home. compe ve The law allows contributions into tier 2 and tier 3 to be made without the gov- — Competition and Choice ernment taking any income taxes on the amount of the contribution. For Tier 2 and tier 3 pension schemes are formal sector workers, the tax benefit run by privately managed companies, from tier 2 contributions is not new, as working in a competitive environment, this benefit existed under the old 1-tier and governed by industry standards system. However, the tax benefit for and regulations. This gives every em- tier 3 schemes is completely new. For ployee a say in the choice of who their most employees, this tax savings on tier service provider is, and the power to 3 contributions can be as large as the ensure that selected service providers, income from two years of investing particularly the trustees, perform or get without the tax saving available under replaced. This healthy competition tier 3. among trustees and other service pro- environment, and governed by industry standards and regula ons viders puts employees in a position to Importantly, these tax benefits extend enjoy better investment returns, and to to workers in the informal sector as expect superior service levels. well, who can contribute up to a maximum of 35% of their gross salaries into © 2012 Petra Trust. All rights reserved. www.petratrust.com 3 Insights | What Every Ghanaian Employee Should Know About The New 3-Tier Pension Structure| April 2012 — Private Custody By law, employees are Under the new law, tier 2 and tier 3 schemes are managed by trustees, but the cash and the investments of the given quarterly statements on the performance of their investments in er 2 and er 3 schemes, and The 3-tier pension structure makes it Instead, they are held by custodians, possible for every Ghanaian to enjoy a which are banks specially licensed for comfortable retirement provided the the purpose of taking custody of pension funds invested in the tiers 2 scheme cash and investments. This and 3 schemes are managed properly. structure ensures that the trustee has As such, every Ghanaian worker should limited ability to misuse the funds, if have a keen interest in which trustee they so intended. manages their pensions and whether Furthermore, having the scheme cash custodian ensures that they are removed from the control of both the government and the employer. With tor their contribu- the trustee offers them the best returns possible. Ghanaians should actively monitor their pension management so they can enjoy the full benefits of the 3Tier structure this structure, you can have the confidence that your benefit from tier 2 and ons Conclusion scheme are not held by the trustees. and investments in the custody of the this helps them moni- turns. tier 3 will be there when you need it. 1 The SSNIT er 1 defined benefit scheme promis- es to pay you 50% or more of the average of your best 3 years’ salary if you have contributed to the scheme for at least 15 years. — Monitoring Investment Performance 2 By law, employees are given quarterly statements on the performance of their the pensions expert In a defined contribuon scheme the employee contributes a fixed amount which is invested in financial assets. The employee’s benefit on rere- investments in tier 2 and tier 3 ment is not a predetermined amount but de- schemes, and this helps them monitor pends solely on how well the investments of the their contributions. In an event where scheme have performed. an employer does not contribute to the Street Address: F304/5 | Dade Close | North Labone Mailing Address: P. O. Box CT 3194 | Cantonments pension scheme, the trustee is mandated to find out why a contribution was not made and accordingly send a statement to that employee. Also, where an employee’s contribution is decreased Phone: +233 (302) 740 963/4 +233 (302) 763 908 E-mail: [email protected] Website: www.petratrust.com or increased, reports are sent to both the employer and employee – this further buttresses the point that communication is key as the employee is kept abreast with all changes that occur in either his monthly contribution or re- The statements expressed herein are informed opinion, speak only to the stated period, and are subject to change at any time based on market or other conditions. This publication is intended merely to highlight issues and not to be comprehensive or to provide advice. For further information or advice, please contact Petra Trust or visit our website. © 2012 Petra Trust. All rights reserved. www.petratrust.com 4