Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time.”

Wolverhampton County Council

Access all documents on Defined benefit lump sum death benefit

Defined benefit lump sum death benefit meaning

What does Defined benefit lump sum death benefit mean?
A one‑off lump sum paid on the death of a member of a defined benefit (DB) pension scheme. In UK practice, “defined benefits lump sum death benefit” is an HMRC term for an authorised payment under the Finance Act 2004. It is typically provided on death in service or before/shortly after retirement (for example, during a pension guarantee period), calculated by reference to scheme rules (commonly a multiple of pensionable pay and/or accrued benefits). Trustees usually exercise discretion over recipients (dependants, nominees or personal representatives), which can keep the payment outside the member’s estate for inheritance tax purposes. For UK tax, if the member dies before age 75 and the payment is made within two years of the scheme being notified, it can be paid tax‑free to the extent it is within the Lump Sum and Death Benefit Allowance; otherwise, it is generally taxable as the recipient’s income. Across England & Wales, Scotland and Northern Ireland the regime is materially consistent. In Ireland, the expression is descriptive rather than a specific statutory label; benefits are governed by scheme rules and Irish Revenue limits (including restrictions on maximum lump sums), with tax treatment determined under Irish tax legislation and, where relevant, Capital Acquisitions...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Defined benefit lump sum death benefit

NEWS
Pensions Ombudsman upholds trustee’s DC death benefit discretion; DB spouse’s pension mandatory; high bar to challenge; £500 for 12‑month delay (Mr R, CAS‑87507‑L4G3)

Summary The Pensions Ombudsman has partially upheld a complaint concerning the distribution of discretionary death benefits. In the absence of a letter of wishes, the Scheme trustee took into account all pertinent matters and carried out suitable enquiries. The trustee’s outcome was not considered perverse or unreasonable. Nevertheless, the complainant was awarded £500 for the notable distress and inconvenience arising from a 12-month delay in the commencement of his spouse’s pension. The Ombudsman’s decision underlines that there is a demanding threshold for disturbing the exercise of a trustee’s discretion... What were the facts? Mr R’s late wife (Mrs R) belonged to both the defined benefit (DB) and defined contribution (DC) sections of the Credit Suisse Group (UK) Pension Fund (the Scheme). Shortly before she died, Mrs R received an enhanced transfer quotation exceeding £500,000 in respect of the defined benefits she had accrued under the Scheme...

Read More Right Arrow
NEWS
Royal Mail DC Plan death benefit: Pensions Ombudsman refuses to interfere with trustee’s apportionment to cohabitant; decision rational and procedurally sound

Original news Mrs S, Royal Mail Defined Contribution Plan (CAS-45582-S0J0) - 12 October 2023. Summary The Pensions Ombudsman dismissed a complaint alleging the Scheme had misapplied its discretion by directing part of a lump-sum death benefit to the deceased member’s girlfriend instead of relatives. The trustee had adopted an appropriate process and correctly applied the governing rules. The outcome could not be considered irrational. This decision serves as a reminder that challenging the exercise of a trustee’s discretionary judgement is rarely straightforward in the majority of cases. What were the facts? Mr S held scheme membership in the Royal Mail Defined Contribution Plan (the Scheme) ...

Read More Right Arrow

View the related Practice Notes about Defined benefit lump sum death benefit

PRACTICE NOTES
Estate devolution and grants of representation in England and Wales: joint assets, life policies, pensions, partnerships, DMC, small sums, and IHT changes from April 2027

FORTHCOMING CHANGE relating to IHT on pension death benefits : At the Autumn Budget 2024 on 30 October 2024, the government stated that, from 6 April 2027, unused pension funds and pension death benefits will be brought into an individual’s estate for IHT. The change will affect both defined contribution and defined benefit schemes, and will apply to UK registered schemes as well as qualifying non-UK pension schemes. A technical consultation on implementing these reforms ran from 30 October 2024 to 22 January 2025, and the measures are introduced by the Finance Act 2026. For further information, see News Analysis: Unused pension funds and death benefits to be brought within the scope of inheritance tax and Autumn Budget 2024—Private Client analysis — Inheritance tax. On death, a person will typically own assets forming part of their estate, for example: land investments cash furniture electronic devices Whether a grant of representation is needed depends on the nature and location...

Read More Right Arrow
PRACTICE NOTES
Retirement Annuity Contracts (RACs): historic UK personal pensions, pre-A-day limits, approval and early access, and current registered scheme treatment and allowances

ARCHIVED This archived Practice Note reviews an earlier form of personal pension—the retirement annuity contract—and sets out how it contrasts with today’s personal pension arrangements. For further information on personal pension schemes, see Types of personal pension schemes—overview. Personal pension schemes—central role in private pensions sector Personal pensions, in their different guises, occupy a central place in the UK private pensions landscape today. Launched on 1 July 1988, they provide notable flexibility, being open to: employees (with employers allowed to pay in and obtain the tax relief without a tax charge arising for the employee) the self-employed (and, to a degree, individuals with no earnings) Retirement Annuity Contracts—background and aims However, personal pension schemes were preceded by another type—the Retirement Annuity Contract (RAC). Since the introduction of personal pensions on 1 July 1988, no fresh RACs can be established, but RACs set up before that date may continue and can still accept contributions. RACs were first created by the...

Read More Right Arrow
PRACTICE NOTES
Pensions glossary for family and matrimonial finance lawyers: schemes, tax reliefs, state pension, auto-enrolment, offsetting, PPF, valuation, drawdown and post-2024 lifetime allowance changes

A-day 'A-day' is the widely used term for the broad pension tax 'simplification' reforms that began on 6 April 2006. The changes covered: how much pension contribution was allowed, the kinds of schemes an individual could invest in, the sums that could be taken (and when), and the choices available for any remaining fund. A-day also introduced the annual allowance and the (now abolished) lifetime allowance. See: Annual allowance and Lifetime allowance. AFPS AFPS: Armed forces pension scheme; see Practice Note: Public sector pensions and family proceedings. Accrual rate The speed at which pension benefits build as pensionable service is completed in a final salary scheme, eg 1/60 for each year of pensionable service. Accrued benefits The benefits earned in respect of service up to a specified date. Added years Extra pension provided by adding further years of pensionable service in a salary-related scheme. Such additional years are secured via transfer payments or through additional voluntary contributions/augmentation...

Read More Right Arrow

View the related Precedents about Defined benefit lump sum death benefit

PRECEDENTS
Precedent: buyer-side share purchase agreement pensions warranties (long-form) for targets with defined contribution schemes, including disclosure, compliance and automatic enrolment

This template has been prepared on the basis that the writer is acting for the buyer, and that the target company (the Company) is a subsidiary of the Seller. It is strongly recommended that a pensions expert is engaged at the earliest opportunity. 1 Definitions For purposes of paragraphs 2 to 9 inclusive, the following apply: Employee means any present or former employee, officer, or director of the Company [ or of any Group Company ] [ and includes any other person participating in the management of the Company’s affairs ] ; Pension Scheme [ s ] mean [ s ] [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or for contributing towards, an annuity, pension, lump sum, gratuity, or a similar benefit to be provided upon retirement, ill-health, death, or a change in service status, or in compliance with a pension sharing order, in relation to the service or historic service of an Employee or any...

Read More Right Arrow
PRECEDENTS
Buyer-friendly long-form pensions warranties for share purchase agreements where the target sponsors a defined benefit scheme, covering disclosure, compliance, funding, employer debt, investments, disputes and automatic enrolment

This precedent is produced on the assumption that the drafter acts for the buyer and on the footing that the target company (the Company) is a subsidiary of the Seller. You are strongly encouraged to engage a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 9 (inclusive): Employee means any current or former employee, officer or director of the Company [ or of any Group Company ] [ and any other person involved in managing the affairs of the Company ]; Pension Scheme[s] means [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or similar benefit to be provided on retirement, ill-health, death or change in service status, or pursuant to a pension sharing order, in relation to the service or historic service of an Employee or any other person, or for the benefit of that individual’s dependants ]. ...

Read More Right Arrow
PRECEDENTS
Precedent SPA clauses: seller‑friendly short‑form pensions warranties for a target (seller’s subsidiary) with a defined benefit occupational scheme

This precedent is prepared on the assumption that the drafter acts for the seller. It also proceeds on the basis that the target company (the Company) is a subsidiary of the Seller. You are firmly encouraged to bring in a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 11 (inclusive): Employee means any current or former employee, officer or director of the Company [ or of any Group Company ] [ and any other person participating in the management of the Company’s affairs ] ; Pension Scheme [ s ] mean [ s ] [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or comparable benefit to be provided on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in relation to the service or historic service of an Employee or any other person, or for the benefit of...

Read More Right Arrow