R04 Chapter 7 Flashcards
What is crystallisation?
The taking of an income or the provision of a lump-sum payment (in the form of PCLS, and UFPLS, or as a lump sum death benefit).
Can you take benefits whenever you want?
It is not necessary to retire to take benefits but there is a minimum age at which benefits can be taken (normal retirement age). Currently 55 but the Gov has introduced legislation which will raise this to 57 from 2028.
What are the income options for a DC scheme?
- Purchase a scheme pension
- Purchase a lifetime annuity
- Enter flexi-access drawdown
- USe some or all of their funds to provide and UFPLS
This applies to arrangements rather than schemes. So the rules don’t apply to DB schemes, but they do apply to AVC (additional volutnary contributions) schemes offered to members of DB schemes.
BUT DC schemes don’t have to offer flexible options. The rules of the scheme deteremine the options available.
What is a PCLS?
Pension Commencement Lump Sum - most cases 25% is paid tax-free, with the balance taxable as pension income via PAY.
From 23/24 the total amount of tax-free lump sum payments a member can take from all pensions is limited to £268,275 (quarter of the allowance) unless transitional protections apply.
What is a small pots payment?
Payments valued at £10,000 or less.
What rules apply to small pots payments?
- Member can taken a max of 3 small pots payments from non-occupational schemes
- Member can take an unlimited number from unconnected occupational pension schemes
- £10,000 limit is per small pots payment (can be taken without reference to the value of the member’s other pension benefits)
- Can be taken once minimum pension age is reached or earlier if there’s a protected pension age or satisfies ill-health conditions
- Small pots payments from uncrystallised funds aren’t tested against member’s lifetime allowance as they are not treated as BCE’s and no lifetime allowance needs to remain to take one
- Can be paid from both crystallised and uncrystallised funds
What is trivial commutation lump sum?
Can be paid in respect of benefits held in a DB scheme and, subject to certain conditions, in respect of an ‘in payment money purchase in house scheme pension on the grounds of triviality.
What is an ‘in payment money purchase in-house scheme pension’?
A scheme pension payable by the scheme administrator, to which the member has become entitled under a DC arrangement.
What benefits can be commuted on the grounds of triviality?
- Uncrystallised DB pension rights
- DB scheme pensions that are in payment
- In payment money purchase in-house scheme pension
What is the period for commutation payments?
Any payment must be made within a 12 month commutation period. This starts when the first commutation payment is made. No earliet than the nominated date and no later than 3 months after the date. If member fails to select the nominated date, the date of the first payment becomes the nominated date.
What are the conditions for a lump sum payment after 16 September 2016 to be considered a trivial commutation lump sum payment?
- Member hasn’t been paid a trivial commutation lump sum previously (from any pension scheme, except any earlier payment within the commutation period
- Lump sum is paid in respect of a DB arrangement and/or an in-payment money purchase in-house scheme pension
- Value of the member’s pension rights (DB and DC, including those previouslt crystallised for LTA purposes) on the nominated date doesn’t exceed £30,000
- Lump sum is paid when LTA is available
- Normal minimum pension age is reached or ill health conditions or protected pension age
- Lump sum extinguishes member’s entitlement to DB and in-payment money purhase in-house scheme pensions under the registered pension scheme making the payment
What is the nominated date?
The date chosen by the member on which all of the pension benefits are valued.
What benefits are valued on the nominated date?
All pension rights (DB and DC) that have previously been crystallised and are assessable against the LTA (including any pensions in payment on 5 April 2006) and any uncrystallised benefits.
Small pots payments prior to the nominated date aren’t included as they’re not BCEs. Any payments made on grounds of triviality before 6 April 2006 are not included.
If benefits aren’t commuted within 3 months of the nominated date, a new date can be chosen to restart the process.
When’s the earlier a person can receive a trivial commutation lump sum?
Their 55th birthday (unless ill health or there’s protected pension age). This is the earlier the commutation period can start, so the nominated date cannot be earlier than 3 months before the 55th birthday.
Can you commute mutliple times in life?
A person can only have one commutation period in their lifetime. If not all schemes are commuted within the period, they cannot be commuted later.
All benefits in a scheme must be commuted, but not all schemes must be commuted.
When must a trivial commutation lump sum death benefit be paid?
- When a survivor commutes a survivor’s pension OR
- When a member dies within the guarantee period of a pension they are receiving and the recipient of the guarantee wishes to commute the remaining payments
In both cases the maximum that can be paid is £30,000.
Where the lump sum amount is over £30k, the excess is not a trivial commutation lump sum death benefit and is instead an unauthorised member payment and taxed accordingly.
Is a trivial commutation lump sum death benefit a BCE?
No, so it’s not tested against the LTA, and it doesn’t use up the deceased member’s or the survivor’s LTA.
What conditions must be met to commute a survivor’s pension?
- The pension being commuted must be paid to a dependant or niminee of the member
- The payment made must extinguish the survivor’s entitlement to both pension and lump sum death benefits under the scheme
Who can commute a guarantee?
No restrictions - anyone can receive payments under a guarantee so long as they’re entitled to them after the member’s death as long as it extinguishes their entitlements under the scheme.
How do you value benefits for commutation?
- Income received on 5 April 2006 - Annual income being receive on 5 April 2006 x 25, and ignore any tax free cash that was taken in connection with the pension
- Income starting on or after 6 April 2006 - Value of the BCE in monetary terms, and any associated PCLS must also be taken into account
How do you value crystallised funds?
- Valuation of DC rights = the value of the fund
- Valuation of DB rights = Annual pension entitlement as at nominated date x 20, plus any PCLS paid in addition to the pension
How can a scheme pension be paid?
One of 2 ways:
1. Paid directly from the scheme’s assets
2. Paid by an insurance company selected by the scheme administrator
This is the case whether the scheme is a DB scheme or an occupational defined contribution scheme.
What are the potential benefits for a scheme paying the scheme pension directly from the scheme assets?
- There’s no immediate outflow of capital from the scheme (i.e. they only have to pay out the monthly income rather than the capital cost of buying this income via an insurance company)
- Funds in the scheme remain invested
- Scheme has the option to secure the income at a later date if desired, and may benefit from an increase in annuity rates or the worsening of the member’s health (smalle capital sum is needed to secure the same level of income)
- If member or dependants die sonner than expected, the scheme retains the unused funds for the benefit of all members, whereas if the income was secured with an insurance company, they would benefit from these funds
What are the potential drawbacks of paying the scheme pension directly from the scheme assets?
- Payments must be made whatever the funding position of the scheme
- Member or their dependants may live longer than expected and the scheme bears the cost of these extra payments
- Scheme retains the longevity and investment risk
- Additional administration for the scheme
How are scheme pension payments categorised?
Regardless of how they’re paid (directly from scheme assets or via an insurance company) they are considered to be secured. The format of the benefits is agreed at outset and cannot be altered, even if the member’s circumstances have changed.
How does the name on the policy affect the payment?
If the scheme pension is secured via an insurance company it may be in the name of the member or the trustees.
If in member’s name: pension payments generally pass directly from the insurer to the member.
If in the name of the trustees: Likely to go from insurer to the scheme, and then from the scheme to the member. It’s possible for the insurance contract to enable the insurer to act as a trustee and pay the member directly.
How can a DB scheme pay benefits on retirement?
A scheme pension is the only way for a DB pension to pay benefits at retirement. To use any other retirement options (i.e. annuity or enter drawdown), the benefits must be transfered out of the scheme before retirement.
How is income from a scheme pension taxed?
Pension income via PAYE.
What are the two exceptions for pension flexibility rules for scheme pension?
Pension flexibility rules generally do not apply to scheme pensions. 2 exceptions:
1. In respect of death benefits
2. In respect of a member of a DC scheme who receives a scheme pension directly from the scheme where fewer than 11 other people are receiving a scheme pension - here the member is treated as having flexibly accessed their pension and is thus subject to MPAA rules from the date the first payment is received.
What are HMRC’s requirements to qualify as a scheme pension?
The pension must be:
1. Paid for the life of the member
2. Paid at least annually
3. Incapable of being reduced year on year except in limited circumstances
4. Paid by the scheme administrator or by an insurance company chosen by the scheme administrator
HMRC allows a scheme pension to offer the options of a:
1. Guarantee period
2. Capital Protection Lump Sum