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Original news Mr L (CAS-92761-H7Q6)—6 March 2025 Summary The Pensions Ombudsman dismissed a grievance concerning the distribution of death benefits under the Local Government Pension Scheme (LGPS). In deciding, the administering authority considered all relevant factors, including the death benefit nomination and other potential recipients. The determination was neither unreasonable nor perverse. Accordingly, there was no basis to overturn the administering authority’s decision. This outcome serves as a reminder that trustees, and comparable decision-makers such as LGPS administering authorities, must follow a proper process that is robust to ensure their determinations are not set aside. What were the facts? Mrs R was a member of the Local Government...
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...
In this issue: Pensions taxation Funding Scheme governance Daily and weekly news alerts Dates for your diary Trackers Pensions taxation HMRC publishes second lifetime allowance guidance newsletter HMRC has released its Lifetime allowance guidance newsletter for February 2024 which, amongst other points, offers further clarity on pension commencement excess lump sums (PCELS), reporting obligations, and transitional tax‑free amount certificates. In Pension Schemes Newsletter 155 (January 2024), HMRC had previously raised concerns about the operation of PCELS. It has now responded to several of these, confirming that the ‘permitted maximum’ for PCELS will be removed from legislation. As a result, a lump sum will no longer be checked against a member’s remaining lump sum and death benefit allowance to decide whether it can be paid as a PCELS. HMRC also makes clear that to be eligible for a PCELS a member must have used up either their lump sum allowance or their lump sum and death benefit allowance....
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...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES By means of Schedule 4 to the Finance Act 2016 (FA 2016), the government brought in an allowance protection regime designed to sit alongside the cut in the lifetime allowance from £1.25m to £1m on 6 April 2016. Termed fixed protection 2016 (FP 2016), it mirrors earlier fixed protection regimes respectively launched on 6 April 2012 (fixed protection 2012, or simply ‘fixed protection’) and 6 April 2014 (fixed protection 2014). This Practice Note focuses on FP 2016, which is the subject of this Practice Note. The original purpose of FP 2016 was to give transitional protection to people who, before 6 April 2014, had already accumulated pension savings above £1m, or who expected to do so on the basis that the lifetime allowance would be maintained at no less than £1.25m. Although the lifetime allowance was removed with effect from 6 April 2024, FP 2016 still delivers limited transitional safeguards regarding an individual’s rights to (i) the lump sum allowance, (ii)...
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...
This precedent has been produced on the basis that the drafter is acting for the buyer. The following warranties have been prepared for a transaction where: The Buyer will provide pension benefits through its own arrangement or via an appointed provider; and Employees’ past service benefits will not be transferred to the Buyer’s arrangement. You are strongly advised to involve a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 7 inclusive: Employee means [ [specify as necessary, either by category or by named individuals ]; 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 similar benefit to be given 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...
This precedent is prepared on the footing that the drafter acts for the Seller. It is prepared on the basis that the target company (the Company) is a subsidiary of the Seller. It is strongly recommended that a pensions specialist is engaged at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 12 (inclusive), the following definitions set out below shall apply: Employee means any current or former employee, officer, or director of the Company [ or of any Group Company ] [ and any other individual involved in the management of the Company’s affairs ] ; Pension Scheme means any arrangement or practice providing for, or contributing towards, an annuity, pension, lump sum, gratuity, or similar benefit on retirement, long-term ill-health, or death, or pursuant to a pension sharing order, arising from the service or historic service of an Employee or any other person, or for the benefit of that individual’s dependants; and Pension Schemes shall be construed accordingly......
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...