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

“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 Council

Access all documents on Retirement annuity

Retirement annuity meaning

What does Retirement annuity mean?
In practice, a retirement annuity is an individual pension contract with an insurance company or friendly society for the self‑employed or employees without an occupational pension. United Kingdom (England & Wales, Scotland, Northern Ireland): the term commonly denotes a retirement annuity contract (RAC), often called a section 226 policy. RACs had to be established before 1 July 1988; no new UK RACs can be set up. Existing RACs continue and may accept tax‑relieved contributions within HMRC limits; benefits are typically secured by buying an annuity or, where permitted, by transfer to a personal pension. Recognised in tax legislation (ICTA 1970 s.226; ICTA 1988; Finance Act 2004 transitional rules). Ireland: a retirement annuity contract remains a current, tax‑approved personal pension for those without an occupational scheme, approved under Taxes Consolidation Act 1997 ss.784–785. RACs exist alongside PRSAs and are written with insurers. Practitioners encounter RACs in legacy pension reviews, transfers, divorce (pension adjustment orders) and estate administration.
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 News about Retirement annuity

NEWS
FCA 2022/23 data: record pension lump-sum withdrawals; annuity sales down; fewer DB-to-DC transfers; cost-of-living and lost pots accentuate retirement adequacy concerns in the UK

According to the FCA's figures, 41,500 individuals accessed their pensions for lump-sum withdrawals in the last financial year, up 14.6% from 36,200 a year earlier, the watchdog said. At the same time, the FCA noted a 13.6% slide in annuity sales, falling to 59,100 over the last financial year from 68,500 the year before, according to the regulator. The regulator also reported that transfers from defined benefit to defined contribution schemes decreased, dropping to 18,073 in the financial year ending March 2023 from 26,619 in the preceding year...

Read More Right Arrow
NEWS
UK annuity sales hit ten-year high in 2024 as rates improve and advice uptake grows; ABI data reignites debate on pension freedoms and wider savings reform

The insurance trade body said that Annuity purchases, which transform a saver’s pension pot into a guaranteed income for life, climbed by 24% in 2024 to 89,600, setting a new ten‑year high. In 2023, annuity sales totalled £5.2bn, with 72,200 contracts completed, according to the ABI. The last high point was in 2014, when £6.9bn of annuity contracts were sold. That milestone followed the government’s announcement of pension freedoms, allowing (largely defined contribution) pension scheme members to draw on their savings before reaching retirement. Those aged 65 were the most frequent annuity buyers, accounting for 20% of all sales...

Read More Right Arrow
NEWS
Deputy Pensions Ombudsman: policy terms prevail; GAR only with annual in arrears annuity; illustrations not binding (Mr R, CAS-63759-L4H8)

Original news Mr R (CAS-63759-L4H8)—20 August 2024 Summary The Deputy Pensions Ombudsman has dismissed a grievance concerning entitlement to a guaranteed annuity rate. Accordingly, the complaint regarding the payment method tied to the guarantee failed. Under the policy conditions, the guarantee was only available as an annuity paid yearly in arrears. Should the member opt for monthly instalments, the guarantee would not apply. The member’s illustrations were generic projections and did not specify the form of annuity to be selected at retirement. The Ombudsman’s decision underscores the primacy of the policy wording. What were the facts? Mr R was a member of the Phoenix Life Personal Pension Plan (the Scheme) which was operated by Phoenix Life Limited (Phoenix)...

Read More Right Arrow

View the related Practice Notes about Retirement annuity

PRACTICE NOTES
UK personal pension transfers: statutory and non-statutory rights, recognised transfer rules, due diligence and scam safeguards, advice requirements, tax implications, protections, and block/bulk transfer issues

A pension transfer A pension transfer takes place when an individual’s rights under one pension scheme are moved to another. The ceding scheme passes the relevant assets to the receiving scheme, which then assumes responsibility for providing the benefits for the person concerned. Members of all UK registered pension schemes that are personal pension schemes have an overriding statutory entitlement to transfer the cash equivalent of their benefits to another pension arrangement, subject to meeting certain prescribed conditions. Many personal pension schemes also allow transfers out in wider situations than those giving rise to the statutory right, for example: partial transfers transfers of benefits that are in drawdown transfers of particular assets in non-cash form In practice, it is crucial that transfers paid from personal pension schemes constitute a recognised transfer for HMRC purposes and do not inadvertently forfeit any tax-related protections or statuses the member may hold. Personal pension schemes can also receive transfers from other pension...

Read More Right Arrow
PRACTICE NOTES
Occupational pensions: early leavers without short service benefits—statutory refunds or cash transfer sums, trustee duties, and DB/DC calculation rules

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES ONLY Under preservation law, a short service benefit is the pension entitlement that must be given to a member who leaves an occupational pension scheme before retirement, without any immediate pension being payable. Not every early leaver is entitled to have their pension rights preserved within the scheme itself. This Practice Note considers rights and choices open to early leavers who currently lack a short service benefit. For wider guidance on preserving benefits within schemes, see Practice Note: Early leavers—preservation for more detail. In this Practice Note, references to trustees also include the managers of a scheme. When will an early leaver be entitled to a short service benefit?...

Read More Right Arrow
PRACTICE NOTES
Private Client Glossary (England and Wales): Wills, Probate, Trusts, Capacity and UK Taxation

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

Read More Right Arrow

View the related Precedents about Retirement annuity

PRECEDENTS
Buyer-side pensions warranties for business sale: buyer to provide future benefits only, no past service transfer; precedent addressing TUPE, disclosure, compliance, liabilities and disputes

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...

Read More Right Arrow
PRECEDENTS
Share purchase agreement: seller-side short-form pensions warranties for targets with Group Personal Pension (GPP) or stakeholder schemes

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......

Read More Right Arrow
PRECEDENTS
Precedent: buyer-side share purchase agreement pensions warranties (long-form) for targets with defined contribution schemes, including disclosure, compliance and automatic enrolment

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...

Read More Right Arrow