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

“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”

Irwin Mitchell

Access all documents on Franking

Franking meaning

What does Franking mean?
Franking, in UK pensions practice, is the offsetting of part of a member’s occupational pension (usually the “excess” over the Guaranteed Minimum Pension (GMP)) to meet the statutory revaluation or indexation required for the GMP, rather than paying that GMP increase on top of the rest of the pension. In plain terms, unindexed or otherwise available scheme benefits are used to fund GMP uprating in deferment and/or in payment. The term is descriptive rather than statutory, but the ability to frank is limited by the anti-franking rules in the Pension Schemes Act 1993 and corresponding Northern Ireland legislation, which protect the excess over GMP from being unduly eroded when GMPs are revalued or increased (including at GMP age). Franking commonly arises in contracted‑out defined benefit schemes at retirement and at GMP payable age, and has practical significance for benefit calculations, member communications, transfer values and GMP equalisation exercises. Usage and legal effect are broadly consistent across England & Wales, Scotland and Northern Ireland. The concept has little application in Ireland, where UK‑style GMPs did not arise, save where Irish schemes have UK‑accrued GMP entitlements in cross‑border contexts.
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 Practice Notes about Franking

PRACTICE NOTES
Anti-franking under PSA 1993 ss 87–92: GMP revaluation and protection of excess, relevant aggregate, spouse/civil partner benefits, and pre- and post-2016 contracting-out rules

The concept Historically, under contracted-out salary-related (COSR) schemes, a deferred member’s guaranteed minimum pension (GMP) could be uprated with no rise in the overall deferred pension. This was achieved by cutting the element above the GMP so that the total stayed unchanged, in effect using the excess to fund the GMP revaluation. That practice is termed ‘franking’; ‘anti-franking’ describes the statutory bar on it, which requires a floor of benefit—the ‘relevant aggregate’—for members, and for their spouses and civil partners, at GMP age. Consequently, schemes must preserve the pension above GMP and raise the member’s total pension, rather than trimming the excess. At GMP age, schemes must meet the relevant aggregate for members, spouses and civil partners by safeguarding the excess and increasing totals...

Read More Right Arrow
PRACTICE NOTES
Former COSR schemes: legal regime for Section 9(2B) rights and GMPs from 6 April 2016, including indexation, revaluation, commutation, transfers, amendment restrictions, HMRC and GMP equalisation/conversion

This practice note concerns schemes that were contracted-out salary-related (COSR) schemes before 6 April 2016 From 6 April 2016, salary-related contracting-out (often referred to as DB contracting-out) came to an end. Any schemes that had COSR status immediately beforehand automatically stopped being contracted-out with effect from that date. This practice note outlines the statutory requirements applying on and after 6 April 2016 to schemes that were COSR schemes before then. For background on the ending of DB contracting-out, see Practice Note: Abolition of DB contracting-out—an introduction [Archived]. For a general explanation of contracting-out, see Practice Note: What does ‘contracting-out’ mean for pension lawyers? They therefore no longer hold contracted-out status. Legal framework for former COSR schemes The principal contracting-out requirements for former COSR schemes are chiefly contained in the following legislation: Part III of the Pension Schemes Act 1993 (PSA 1993) the Occupational Pension Schemes (Schemes that were Contracted-out) (No 2) Regulations 2015, SI 2015/1677 (the New Contracting-out Regs)...

Read More Right Arrow
PRACTICE NOTES
Abolition of DB contracting-out: legal and administrative implementation issues—GMP reconciliation/rectification, revaluation and anti-franking, auto-enrolment, TUPE transfers, scheme amendments, employer costs and state pension offsets

ARCHIVED: This archived Practice Note sets out the matters that the government and HMRC—and, in turn, employers and trustees—needed to address to deliver the abolition of DB contracting-out on 6 April 2016. It is not being updated and is provided purely for background. For more on DB contracting-out after abolition, see Practice Note: Legal regime applicable to Section 9(2B) rights and GMPs from 6 April 2016. From 6 April 2016, contracting-out on a salary-related basis (that is, DB contracting-out) ended. Schemes that were contracted-out salary-related (COSR) immediately before that date ceased to be contracted-out automatically with effect from then. For additional detail, see Practice Note: Abolition of DB contracting-out—an introduction [Archived]. To aid a smooth transition, the government and HMRC had to resolve a number of uncertainties and confront several challenges. Some points have not been conclusively settled. Note that benefits earned by members during COSR employment before 6 April 2016—Guaranteed Minimum Pensions (GMPs) and Section 9(2B) rights (also referred to as post-1997 COSR rights or reference...

Read More Right Arrow