What is Member Support Service Levy (MSSL)?
Following the successful vote on 1 July 2002, RICS has created a Members' Support Service to provide help to members on limiting their liabilities.

The service is on a discretionary basis and only available in the UK.

If you find yourself being sued personally and have no access to professional indemnity insurance (PII) protection, you would receive defence and advisory services.

It will not cover principals or consultants in private practices who must already carry PII.

It is aimed at helping those who find that, where they believed they were protected by an employer's insurance, have no insurance protection.

A mandatory levy will fund this membership benefit and will be included as an amount payable with membership renewal each year.

The proposal was put to the membership following the Merrett-v- Babb case.

Mr Babb was an employed surveyor who was sued personally following the bankruptcy of his employer. The firms PII was cancelled and the claimant sued Mr Babb rather than his bankrupt employer.

RICS felt that this placed employees in a situation that they could not possibly foresee. The service provides wider protection than to just Members in private practice.

Members in other employment sectors, building companies, local authorities, or other commercial concerns for example, are exposed to liabilities and the scheme will be there to assist.

Is it a type of insurance?
No. It’s a support fund to help you in case you find you’re personally liable because you’re not adequately covered by your employer’s PII or contractual indemnity.

It is designed to run on a 'cost neutral' basis, as efficiently as possible and without affecting the quality or service levels you can expect from RICS.

The service is funded by a levy of £15 paid by all those eligible for help (some categories of members, such as retired members, probationers and students will be exempt from payment).

How will it benefit me?
If you are eligible, the member support service is there to help you get:

• Access to external expert legal advisers
• A dedicated helpline manned by qualified staff
• Support in dealing with insurance providers

And, depending on each case’s individual merits, and level of funds available the service will:

• Investigate the allegation
• Help with legal costs
• At its discretion, provide further support

Who pays for this service?
Obviously a service like this needs some sort of financial support. At the SGM in July 2002 members voted to add a small ‘levy’ to membership fees. (RICS will review this amount each year, depending on how much the service is used).

All those members eligible for the service and payment of the levy are:

• Members not required to carry Professional Indemnity Insurance (PII) under Rule 9 of the Rules of Conduct for firms
• Members on part time concessionary subscription rates get a similar concessionary rate on the MSSL
• Retired members, trainee surveyors and students are eligible for the service but do not need to pay the levy

If applicable, this levy will be collected with your membership renewal due on 1 January each year.

Note: if your employer pays your membership fees you will need to check whether they will pay the extra levy.

If not, you must make sure you arrange for it to be paid separately. If you pay by direct debit it will automatically be collected with your membership fee on 1 January each year if applicable.

The levy is tax deductible as an expense of your professional activity.

Why is the MSSL not being charged this year?
The Member Support Service Levy, set at £15 for the first two years, was discounted at a nil rate in 2005 and has continued to be discounted to a nil rate.

Due to a continued favourable claims rate there remains an adequate level of funds in the levy fund to offer assistance to Members who may require support from the Service. RICS will continue to monitor the position.

So who is eligible for help?
The service is for:

• UK members who are not required to have their own PII under Rule 9 of the Rules of Conduct for Firms
• UK retired members
• Trainee Surveyors
• Members on part time concessionary rates
• Students

Note: you will not get assistance if you are required to have PII under the RICS’ code of conduct because you are a partner, director, member of LLP or a consultant of a private practice firm.

Is this another profit making activity for RICS?
No – after any administrative expenses have been deducted the levy is set aside for the member support service.

What should I do in the meantime?
You need to go to check that your employment details are up to date on our membership database my going to 'My details' on the quick links panel.

For enquiries about the Member Support Service please contact Marie McDermott on + 44 (0) 207 334 3817, e mmcdermott@rics.org.