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Pension earmarking meaning

What does Pension earmarking mean?
Pension earmarking is the court-directed practice of diverting part of a pension scheme member’s benefits to a spouse or civil partner on divorce or dissolution, with payment only when the member’s benefits come into payment. It typically targets pension income, tax‑free lump sum, and/or death‑in‑service lump sum, and is enforced against the scheme trustees. In England & Wales and Northern Ireland this is made by a pension attachment order (formerly called earmarking), under the matrimonial and civil partnership legislation as amended by the Welfare Reform and Pensions Acts 1999. In Scotland, similar orders (often described as earmarking/attachment) are available under the Family Law (Scotland) Act 1985. In Ireland, the statutory equivalent is a Pension Adjustment Order under the Family Law Acts 1995/1996; “earmarking” is not a defined term there. Key features and practical significance: - No separate fund is created; payment depends on the member retiring or dying, so it does not achieve a clean break (unlike a pension sharing order). - The order usually lapses on the member’s death (save for any direction over death benefits), and pension‑income orders in some jurisdictions may cease on the recipient’s remarriage or new civil partnership. - Used less often than pension sharing, but considered...
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View the related Practice Notes about Pension earmarking

PRACTICE NOTES
UK disguised remuneration and pensions: Part 7A ITEPA 2003—gateways, relevant steps, exclusions, and implications for EFRBS; HMRC Spotlight 58

What is disguised remuneration? For many years, HMRC has worked to ensure that rewards arising from employment are correctly brought within income tax and National Insurance contributions (NICs), deducted by employers through the pay as you earn (PAYE) regime. To support this objective, the Finance Act 2011 introduced the disguised remuneration rules, designed to address the use of Employer Financed Retirement Benefit Schemes (EFRBS), Employee Benefits Trusts and other forms of ‘disguised remuneration’, so that receiving benefits is no more advantageous than taking a wage. The legislation places a PAYE duty on the employer and/or trustees of pension arrangements to collect income tax and the related National Insurance Contribution (NIC) charges. It also serves as a clear warning to employers and the promoters of tax avoidance schemes that contrived pay structures intended to avoid, defer or lessen income tax liabilities will face robust challenge. When the draft provisions were published in December 2010, they attracted significant criticism because of their broad scope and the risk that they...

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PRACTICE NOTES
Pension attachment (earmarking) orders in England and Wales: scope, risks, tax, variation, implementation and FCA considerations

This Practice Note outlines the nature of a pension attachment order made in family proceedings (formerly known as an earmarking order) and identifies which pension benefit rights are capable of attachment and which are not. It also covers the core features of a pension attachment order, the risks and ways to reduce them, variation matters and tax effects. Key features of pension attachment A pension attachment order directs the person responsible for a pension arrangement (the PRPA) to pay a percentage of the following to the person without pension benefit rights (the non-member party), rather than to the person with pension benefit rights under the arrangement (the member-party): pension income, and/or pension commencement lump sum, and/or lump sum payable in respect of the member-party’s death A pension arrangement means an occupational pension scheme, a personal pension scheme, a retirement annuity contract, and annuities bought under an occupational or personal pension scheme, or to meet liability in respect of a pension...

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PRACTICE NOTES
Pensions glossary for family and matrimonial finance lawyers: schemes, tax reliefs, state pension, auto-enrolment, offsetting, PPF, valuation, drawdown and post-2024 lifetime allowance changes

A-day 'A-day' is the widely used term for the broad pension tax 'simplification' reforms that began on 6 April 2006. The changes covered: how much pension contribution was allowed, the kinds of schemes an individual could invest in, the sums that could be taken (and when), and the choices available for any remaining fund. A-day also introduced the annual allowance and the (now abolished) lifetime allowance. See: Annual allowance and Lifetime allowance. AFPS AFPS: Armed forces pension scheme; see Practice Note: Public sector pensions and family proceedings. Accrual rate The speed at which pension benefits build as pensionable service is completed in a final salary scheme, eg 1/60 for each year of pensionable service. Accrued benefits The benefits earned in respect of service up to a specified date. Added years Extra pension provided by adding further years of pensionable service in a salary-related scheme. Such additional years are secured via transfer payments or through additional voluntary contributions/augmentation...

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