Teachers pension on divorce CETV - help!

[Mumof3confused]

Ex has a TP. We need an updated pensions expert report (last one a year old, awarded me 46% if that’s relevant. Obviously his pot has been growing over the past 12m. I have a tiny pension which has not changed in value. We are just one year apart in age.

I’m now hearing all sorts of worrying information about TP not providing CETV’s. We have a final hearing due in a couple of months and a court order stating that an updated pensions report is needed.

What happens if/when this report is not ready for the final hearing? Will it be

1. postponed (this would be an absolute disaster)
2. will they go with old report (16 months old by this point)
3. decide that split will be as per pensions expert report once ready (another disaster as this could take forever!)
4. Something else?

I just want to get this over with but his side love a delay. Will the court allow the hearing to be delayed for this reason if the other side request it? Surely this is affecting loads of cases right now and will cause a massive backlog and devastation if it means divorces are put on hold?!

Any intel on when the TP issue might be resolved?

I am not sure what you mean by considerable sums paid into a TP. They're not money purchase schemes and are a % of salary. It's based on years of service.
If the old report says 46% and that is used then you'll get 46% of the fund as it is at the effective date which is usually the final divorce order or final financial order. So you still gain by % of what he's still paying in right up until then.

Yes I understand all this but the CETV will have changed based on it now being 2 more years of contributions but also the McCloud judgement, so the % will also change because I also have a small pension which is included in the calculation, and that has not changed in value.

Glad you know all that.
No one can possibly say what you want to know. Percentages often don't change due to McCloud, but in any event could go up or down.
Annuities have got cheaper in the intervening time.
Just because his pension is higher does not mean your percentage goes higher. Eg. If his pension was £100k your % gives you £46k. If it's gone up to £200k your % gives you £92,000.
No one on here can possibly tell you and your lawyer needs to ask the actuary their view. Look at Mathiesons website. This is hugely complex but you can't assume you'll gain more than 46%. Unless you're asking a qualified actuary who deals with pensions and has all your figures and data you can't know. The percentage could shift either way due to McCloud but for sure the extra contributions you say he's made will be reflected in your percentage.

I dont really see how tp can give a figure because there is no pot and no funds put aside. Plus if he quit tomorrow he wouldn't get his projected pension. Its nothing like a contribution pension.

Sorry I meant to post a link mcact.co.uk/mccloud-an-update/
If you want certainty get it updated. It could go up, down or stay almost the same. Your lawyer can advise.

mcact.co.uk/mccloud-an-update/

Apologies. I didn't realise that the TP take you onto their payroll as it were as opposed to giving you a pension credit. Disregard my previous.

https://www.teacherspensions.co.uk/members/working-life/life-events/divorce.aspx

TP split the pot and the spouse becomes a member. They do calculate a CETV for the purpose of pensions on divorce. The actuary can’t do anything until the CETV is available from TP. It was requested 4 months ago and all we’ve had is a letter to say the calculation is delayed. My ex is one of the people affected by the judgement.

I personally don’t care if my share is 40% Or 50% - what I do care about is if the whole consent order is now going to be delayed by an unspecified number of months for this reason and how much longer my life will be on hold!

We finalised the order with only pension outstanding, which allowed us to get new properties thank goodness as it's taken over a year to sort out.

How were you able to get order signed off or implemented with the pensions detail outstanding? I thought everything would be out on hold while the pensions report is finalised?

Really, honestly, I'll get shot down for this but his solicitor seemed to know the judge (I saw them out for lunch together) and I can't help think the judge was being very helpful.

But if they managed to then I am sure it must be legally possible. The argument was that the date had been long waited for and the CETV delay was without end, so in order to be able to live apart the only way was to split everything 50:50 and sign it off, with an agreement that the CETV would also be 50:50 when it comes through.

I wasn't happy signing until it was all done together at the time, but now that I live in my new home in peace, I'm so glad they did.

That’s great to hear that this is at least possible to avoid delay.

What happened in this case?

We haven’t had the final hearing yet. No CETV so far.

Hello, has anyone on this thread received a CETV from TPS, and if you would you be willing to say how long it took from request to arrival? My sister requested in December 2023, so we're trying to figure out when in might arrive. Thanks!

TPS delays are about 14 months.

If possible get the court order to order TPS to disclose the cetv within a certain time frame.

Thank you for the quick response - I feared it would be a long time!

No, 14 months is not my experience. 2-4 months max usually. I'm a family solicitor and dealing with a number of cases involving public sector pensions, inc TPS.
There was a delay/embargo in issuing them while the McCloud issues were ongoing.

Ok, thanks. It will be 4 months next Thursday.

@PinkyBlueMe I’ve been waiting since October and all they say when chased is that the report is delayed. No more info. Do you have any tips?

Is it the CETV or the report that's delayed? I realise the CETV will delay the report.

The CETV from TP

Ok, my recent experience - requested July, arrived September. Another requested October and arrived January (this year).
In both cases I know the client chased by email and in one of them it had in fact been sent out but not arrived. Definitely chase and ask them to confirm when it is expected as things do go wrong.

The pensions expert has chased several times. I think not all TP are affected by McCloud judgement so perhaps that’s why some are faster

Has anyone had any luck with TP CETV? Still waiting here since Oct…

Still waiting from September. So frustrating.