“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 CouncilAccess all documents on Pension commencement lump sum
In this issue: Pensions taxation The Pensions Regulator Daily and weekly news alerts Dates for your diary Trackers Pensions taxation The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024 The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024 (SI 2024/356) were laid before the House of Commons on 14 March 2024 and take effect from 6 April 2024. These regulations provide consequential, transitional and saving measures linked to abolishing the lifetime allowance charge, and set out how the pension commencement excess lump sum should operate. In particular, the regulations: amend the Finance Act 2024 regarding when pension schemes must report tax on lump sums, and clarify the rules for the pension commencement excess lump sum adjust regulations to set the available overseas transfer allowance where a member has already used some of their lifetime allowance, refine certain reporting requirements for the overseas transfer allowance, and establish transitional arrangements for those with...
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....
What is the Pensions Advice Allowance? Following consultation in 2016/17, the government brought in, from 6 April 2017, the Pensions Advice Allowance. It enables eligible pension scheme members to withdraw a fixed sum from their pension pot tax-free to cover holistic retirement advice. At the member’s instruction, the scheme may therefore reduce the value of the member’s pot by the advice fee and pay the funds straight to the member’s adviser. This measure stemmed from the Financial Advice Market Review, which highlighted an advice gap affecting people who require retirement planning support but cannot meet the cost from net-of-tax income or savings. It is available in addition to other existing advice allowances and payment routes for advice. These include adviser charging, which does not permit pension monies to be used to fund holistic retirement advice. For further details, see Other types of pensions advice measures below. The government’s aim is to help those preparing for retirement to use the Pensions Advice Allowance to fund holistic...
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...
A registered pension scheme may provide benefits without an overall ceiling. Nevertheless, under the Finance Act 2004 (FA 2004), where a scheme makes an unauthorised payment, tax charges arise for both the recipient and the scheme unless a specific exception applies (though, in certain situations, individuals and companies may seek from HMRC a discharge of liability for those charges where appropriate). For additional detail, see Authorised and unauthorised payments and Unauthorised payments: tax charges and reporting requirements, together with the associated reporting obligations outlined there. Exceptions in special circumstances At times, pension schemes make mistakes that lead to unauthorised payments being issued. There are also situations where making an unauthorised payment is necessary to ensure a beneficiary is treated equitably. Accordingly, there are several exceptions to the standard rules governing unauthorised payments. Such exceptions apply only in particular, defined circumstances...