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

“I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money.”

ParrisWhittaker

Access all documents on Final pensionable salary

Final pensionable salary meaning

What does Final pensionable salary mean?
Final pensionable salary is the level of a member’s pensionable pay, typically at or near retirement or leaving, used to calculate benefits in a defined benefit final salary scheme. It is not a single statutory term; its meaning is set by the scheme rules (and, for public service schemes, by regulations). Rules usually specify: which earnings count (for example, basic pay and specified allowances) and what is excluded (such as overtime or bonuses unless included); the reference period (last year, best consecutive years in a set period, or an average); any caps (including legacy notional earnings caps); adjustments for part-time work or salary sacrifice; and whether a deferred member keeps a “final salary link” or instead receives statutory revaluation of accrued pension. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. In Ireland, Revenue maximum benefit limits refer to “final remuneration”, which may influence scheme design but do not override the scheme definition. The term is central to benefit calculations, scheme closure or modification exercises and disputes about whether payments are pensionable; construction turns on the governing documentation and any trustee or employer discretions.
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 Final pensionable salary

NEWS
UK Pensions Ombudsman: retrospective pre-Barber equalisation of normal retirement date (NRD) to 65 upheld under scheme powers; Pensions Act 1995 s67 did not apply (Mrs E, CAS-38639-F6P7)

Pensions Ombudsman determination: Mrs E (CAS-38639-F6P7)—29 April 2024 What was the background to the Pensions Ombudsman’s decision? Mrs E was employed by Avis Budget Group (the employer) from 18 August 1986 until her redundancy on 21 December 1992. During this period, the applicant belonged to the final salary section of the Avis UK Pension Plan (the Plan), which was governed by the Avis UK Pension Plan Trust Deed and Rules (the Rules). Avis Pension Trustee Limited served as trustee of the Plan (the trustee). On 18 May 1990, the CJEU handed down its judgment in Barber v Guardian Royal Exchange [1990] 2 All ER 660. It determined that, because pension benefits fell within the scope of Article 119 of the Treaty of Rome (renamed the Treaty on the Functioning of the European Union), occupational pension schemes had to equalise the NRD for male and female members in respect of pensionable service after 18 May 1990. The CJEU did not, however, require NRD equalisation to be applied retrospectively for...

Read More Right Arrow

View the related Practice Notes about Final pensionable salary

PRACTICE NOTES
Reformed Teachers’ Pension Scheme 2015 (England and Wales): legal framework, governance, funding (cost cap/SCAPE), eligibility, contributions, benefits and McCloud remedy

What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme (TPS) is a statutory public service pension arrangement for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two schemes: The reformed TPS (often described in TPS literature as the ‘2015 Scheme’), established on 1 April 2015 under the Public Service Pensions Act 2013 (PSPA 2013) as a career average revalued earnings (CARE) scheme. This Practice Note concerns that scheme. The legacy TPS, created by the Superannuation Act 1972 (SA 1972) as a final salary scheme for those who joined before 1 April 2015. It closed to future accrual on 31 March 2022, while retaining a final salary link within that scheme. For more, see Practice Note: The legacy Teachers’ Pension Scheme. Separate schemes operate in Scotland and Northern Ireland and are outside the scope of this Practice Note. When the reformed TPS launched, the government acted to close the legacy TPS to...

Read More Right Arrow
PRACTICE NOTES
Reformed NHS Pension Scheme 2015 (England and Wales): statutory framework, governance and funding, contributions, CARE benefits, McCloud remedy, membership, survivor benefits, flexible retirement, transfers, outsourcing and GMP indexation

What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension that delivers salary‑related, defined benefit (DB) retirement provision for health service staff. The reformed NHSPS (often termed the ‘2015 Scheme’) began on 1 April 2015 as a career average revalued earnings (CARE) arrangement. New starters since that date have joined this scheme, which is the focus of this Practice Note. The legacy NHSPS (the ‘1995/2008 Scheme’) consists of two separate final salary sections—the 1995 Section and the 2008 Section—both closed to future accrual, while preserving a final salary link within that scheme. For further details, see Practice Note: The legacy National Health Service Pension Scheme. There are distinct schemes in Scotland and Northern Ireland, which are not covered by this Practice Note. When the reformed NHSPS opened, the government acted to close the 1995 and 2008 Sections to future accrual, subject to: ...

Read More Right Arrow
PRACTICE NOTES
Final Salary to Career Average in Defined Benefit Schemes: Amendment Powers, Trustee Consent, Member Consultation, Employment Law, and Limits on Retrospective Change

Reducing the financial burden of defined benefit schemes on employers In recent years, a growing number of employers have sought to avoid or curb their exposure to the increasing costs of defined benefit pension schemes and the risks inherent in running them. To achieve this, many have either restricted entry to their defined benefit scheme—so that no new members are admitted—or, in more severe instances, closed the scheme to the future build-up of benefits. Alternatively, employers may look to amend the scheme’s operating provisions so that benefits accrue on a less generous footing. Each approach aims to limit costs and the scheme risks. One approach is to redesign the scheme so members cease to accrue benefits on a 'final salary' basis (i.e. by reference to pay at, or close to, the date their pensionable service ends) and instead on a 'career average' basis (i.e. by reference to pay averaged across a defined period, typically the member’s period of active participation in the scheme). Making a change of this nature...

Read More Right Arrow