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Access all documents on Flexible benefits

Flexible benefits meaning

What does Flexible benefits mean?
In pensions practice, flexible benefits are benefits where the amount payable depends on the value of a pot set aside for the member, rather than a defined, salary‑linked promise. In England & Wales and Scotland, the term is defined in the Pension Schemes Act 2015, s 74, from 6 April 2015, to cover money purchase (defined contribution) benefits, cash balance benefits, and any other benefits calculated by reference to an amount available to provide benefits to or in respect of the member; it is contrasted with safeguarded benefits. For these benefits, the April 2015 pension freedoms apply, allowing options such as flexi-access drawdown, uncrystallised funds pension lump sums (UFPLS) and annuity purchase, subject to scheme rules and tax. The classification drives transfer and conversion rights, disclosure duties and the regulated advice requirement when giving up safeguarded benefits to obtain flexible benefits (typically where the value exceeds £30,000). In Northern Ireland, equivalent legislation adopts the same concept. In Ireland, “flexible benefits” is not a statutory term: it is used descriptively for DC-type entitlements, and UK-style pension freedoms do not apply; access and taxation are determined by Irish pensions and tax legislation.
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View the related Checklists about Flexible benefits

CHECKLISTS
Implementing the 2015 pension freedoms: DB trustee checklist for private sector schemes—DB‑to‑DC transfers, advice requirement, commutation limits, member communications and monitoring (pre‑ and post‑6 April)

THIS CHECKLIST APPLIES TO TRUSTEES OF PRIVATE SECTOR DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Checklist has been archived. It summarises the actions DB trustees needed to take in the run-up to 6 April 2015, and afterwards, to accommodate the pension flexibilities (also called pension freedoms) introduced on 6 April 2015. For more about the nature of those reforms, see Practice Note: Pension freedoms—an introduction [Archived]. In this Checklist, ‘DB trustees’ denotes the trustees (or managers) of arrangements other than those providing flexible benefits, i.e. excluding: money purchase arrangements cash balance arrangements other arrangements that typically require an individual to buy an annuity Note that the additional voluntary contribution (AVC) facilities of defined benefit schemes do, in effect, amount to arrangements offering flexibilities. The issues set out in Pension flexibilities: steps for DC trustees to take—checklist [Archived] are therefore relevant to trustees of such schemes, but only to the extent that the AVC facilities are concerned. Preliminary steps ...

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CHECKLISTS
Archived checklist for DC occupational pension trustees: implementing the 2015 pension freedoms—rule amendments, statutory override, member disclosures, transfers, death benefits and investment strategy

THIS CHECKLIST APPLIES TO TRUSTEES OF DEFINED CONTRIBUTION (DC) OCCUPATIONAL PENSION SCHEMES This Checklist has now been archived. It sets out the actions DC trustees were required to undertake both before and after 6 April 2015, concerning the pension flexibilities/pension freedoms that came into effect on 6 April 2015. For further detail on the scope and nature of those reforms, refer to Practice Note: Pension freedoms—an introduction [Archived]. Within this Checklist, 'DC trustees' refers to trustees (or managers) of pension arrangements providing flexible benefits, ie: money purchase arrangements cash balance arrangements other arrangements which typically require an individual to purchase an annuity Step 1—preliminary steps familiarise yourself with the pension flexibilities in detail...

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CHECKLISTS
Updating pre‑A‑Day UK pension scheme rules: trustee checklist on Finance Act 2004 reforms and transitional measures (archived)

ARCHIVED: This archived Checklist outlines the matters trustees would have needed to assess when revising their scheme rules to reflect the legislative changes that took effect on 6 April 2006 (A‑day). It is provided for background purposes only. For more detail, see Practice Note: Updating your rules to reflect A‑day changes [Archived]. A-day—an overview On 6 April 2006, the Finance Act 2004 (FA 2004) commenced, bringing in a new framework for taxing UK pension schemes. The principal reforms were: the former tax approval regime was replaced with registration by HM Revenue & Customs (HMRC) in place of strict caps and limits on benefits, a more flexible approach was adopted, applying tax charges to ‘unauthorised payments’ and where members’ benefits exceed the annual and lifetime allowance Transitional provisions To prevent a sudden rise in pension scheme liabilities following the removal of previous caps and limits, transitional measures were introduced under the Registered Pension Schemes (Modification of the Rules of Existing Schemes)...

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View the related News about Flexible benefits

NEWS
UK employment law weekly highlights: 28 March 2024—April reforms, flexible working Code, National Insurance cuts, minimum wage, Vento bands, industrial action, Northern Ireland updates

In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...

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NEWS
HMRC reports high early pension withdrawals; insurer cautions on sustainability and advice gaps; FCA highlights inadequate UK retirement savings

HMRC figures released on 31 July 2024 reveal that 2.6 million individuals have to date taken a flexible pension payment, with 43% aged under 60 and 28% aged 64 or below. Just Group reported that nearly two-thirds of the £83bn drawn via flexible payments since pension freedom rules were introduced in 2015 has been taken by those under 65. Stephen Lowe, group communications director at the retirement savings firm, warned that savers should handle withdrawals carefully and with caution...

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NEWS
April 2024 update for employment lawyers: holiday pay for irregular workers, day-one flexible working, family leave reforms, NMW rises, tribunal limits and Vento bands, VAT, NICs and pensions changes

Summary of changes From 1 April 2024: new rules for calculating holiday entitlement and pay for irregular hours and part‑year workers (including 12.07% accrual and an option to use rolled‑up holiday pay); annual National Living Wage/National Minimum Wage uplift and removal of the live‑in domestic worker exemption; higher Agricultural Minimum Wage rates in Wales; and increased VAT registration (£90,000) and deregistration (£88,000) limits. From 6 April 2024: flexible working becomes a day‑one right with revised processes and an updated Acas Code; paternity leave/pay reformed so two separate one‑week blocks can be taken within the first year; introduction of unpaid carer’s leave; extended redundancy protection during pregnancy and for a period after family leave; Employment Tribunal rule changes and higher compensation caps; uplifted Vento bands; higher SSP; Class 1 main employee NIC cut to 8% while weekly thresholds (including the £123 LEL) remain static; veterans’ employer NIC relief extended; van benefit and car/van fuel benefits frozen; higher high income child benefit charge threshold with tapered application; and...

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View the related Practice Notes about Flexible benefits

PRACTICE NOTES
UK Pension Freedoms: Classifying Flexible, Safeguarded and Safeguarded‑Flexible Benefits; Transfers and Conversions, £30,000 Independent Advice Requirement, and Tailored Risk Warnings

This Practice Note explains the meanings of ‘flexible benefit’, ‘safeguarded benefit’ and ‘safeguarded‑flexible benefit’ in relation to the pension freedoms that took effect on 6 April 2015 (for further detail, see Practice Note: Pension freedoms—an introduction [Archived]). Why does the distinction matter? Drawing a line between flexible benefits and safeguarded benefits is crucial, as the pension freedoms introduced on 6 April 2015 are available only for the former and not the latter. Put simply, someone holding safeguarded benefits alone cannot use the pension freedoms unless they first convert those safeguarded benefits into flexible benefits, for example by transferring to a flexible benefit arrangement or by converting them within a scheme into flexible benefits. The government initially floated a consultation on extending certain pension freedoms to safeguarded benefits, but nothing further has emerged since the July 2014 announcement. In any event, schemes providing safeguarded benefits would have been expected to dismiss such proposals because of the administrative and actuarial difficulties the scheme would face whenever a member made...

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PRACTICE NOTES
Pension drawdown (flexi-access and grandfathered capped) from 6 April 2015: scheme powers, tax allowances post-2024, death benefits, reporting, member issues and FCA rules

THIS PRACTICE NOTE APPLIES TO MONEY PURCHASE ARRANGEMENTS FROM 6 APRIL 2015 From 6 April 2015, new pension flexibilities expanded the retirement choices for DC members and others with ‘flexible benefits’ (in essence, money purchase and/or cash balance entitlements). As part of those reforms, drawdown became more broadly accessible. For background on the changes implemented on 6 April 2015, see Practice Note: Pension freedoms—an introduction [Archived]. This Practice Note concentrates on the legal framework for drawdown arrangements set up on and after 6 April 2015. It also addresses how pre-April 2015 drawdown is treated from that date. For the rules governing drawdown before 6 April 2015, see Practice Note: Drawdown between 6 April 2011 and 5 April 2015 [Archived]. What is drawdown? The label ‘drawdown pension’ (often called ‘flexible income’) replaced ‘unsecured pension’ and ‘alternatively secured pension’ used up to 5 April 2011. Drawdown pension describes the method of paying benefits that allows members to set their own yearly income from a pension arrangement...

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PRACTICE NOTES
A UK practitioner’s guide to Republic of Ireland employment law: differences from Great Britain, and practical guidance on WRC procedures, leave, redundancy, TUPE and immigration

Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings (TUPE) immigration Categories of employment status In the Republic of Ireland, individuals engaged in work are typically classified as either ‘employees’ or ‘independent contractors’. There is no...

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View the related Precedents about Flexible benefits

PRECEDENTS
Precedent buyer-favourable employment warranties for UK share purchase agreements, covering directors, employees, workers, contractors, remuneration, termination, disputes, TUPE, redundancies, immigration and collective agreements

1 Definitions Insert defined terms into the Share Purchase Agreement, including: Accounts Date; Business Day; Buyer; CA 2006; Company; Completion; Completion Date; Conditions; Contractor; Disclosure Letter; Employee; Employment Legislation; former; holding company; Sale Shares; Seller; Subsidiaries and subsidiary; TULRCA; TUPE; Warranties; and Worker... 2 Employment Directors: Listed in the Disclosure Letter; no others held out. Employees, Workers and Contractors: The Disclosure Letter gives anonymised terms, benefits, scheme eligibility and absences; contracts and policies annexed; work is exclusive; no return rights, pending offers, restrictive obligations, post‑Accounts Date changes, promised increases, or flexible requests; no hybrid arrangements offered or under negotiation. Termination: All roles terminable on three months or less without extra liability; no notices; Completion creates no rights or payments; no contractual redundancy scheme. Liabilities and payments: No termination payments promised; no contingent liabilities; consultation duties complied with; only routine pay, expenses and holiday due. Disputes and disciplinary: No EHRC enquiries, union disputes, claims, live disciplinary/capability/grievance cases, or unanswered Equality Act questions....

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PRECEDENTS
Fixed Retirement Age Policy: Objective Justification, Procedures, Early Retirement, Requests to Work Beyond, Termination, Flexible Retirement, Insured Benefits and Pensions

1 Introduction 1.1 This policy explains the Company’s stance on employee retirement. It demonstrates the Company’s commitment to an age-diverse workforce and to tackling age bias in retirement. The Company values every colleague, including the expertise and experience of older staff. 1.2 This forms part of the Company’s pledge to advance equality and prevent unlawful discrimination. When applying the retirement procedure, the Company will not discriminate, directly or indirectly, on grounds of age, nor on grounds of disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. 1.3 The Company considers it appropriate to operate a fixed retirement age [ for [ set out details of relevant roles ] ]. This decision and the set retirement age will be reviewed periodically. 1.4 This policy explains the steps the Company will take as an employee nears the fixed retirement age, and outlines what is required of the employee...

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PRECEDENTS
Employer retirement policy without a fixed retirement age: procedures on discussions, notice, ill‑health and flexible retirement, insured benefits and pensions; equality and age discrimination compliance

1 Introduction 1.1 This policy sets out the Company’s approach to employee retirement within the organisation. It seeks to demonstrate the Company’s commitment to nurturing age diversity across its workforce and addressing age discrimination at retirement. The Company values the contribution of all employees, including the knowledge and experience of older employees. 1.2 This policy is part of the Company’s broader strategy to promote equal opportunities and to prevent unlawful discrimination. In applying the retirement procedure described in this policy, the Company will not discriminate, directly or indirectly, on the grounds of age, nor on the grounds of disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. 1.3 The Company believes employees should be free to continue working for as long as they wish, and that choosing to retire voluntarily should be an individual and personal decision for each employee. 1.4 The Company does not operate a fixed retirement age. However, the Company may, from time...

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