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

“Because of the pure breadth and depth of black letter law research and practical guidance that LexisNexis provides, we don't have to rely on counsel as much as perhaps firms that don't use LexisNexis.”

KaurMaxwell

Access all documents on Winding-up lump sum death benefit

Winding-up lump sum death benefit meaning

What does Winding-up lump sum death benefit mean?
A winding-up lump sum death benefit is a one-off payment made from an occupational pension scheme to a deceased member’s dependant when the scheme is being wound up and the dependant’s survivor benefits are small enough to be commuted. In UK pensions and tax practice, it is a defined category of authorised lump sum death benefit under paragraph 21, Schedule 29 to the Finance Act 2004. Key features include: the scheme must be in formal wind-up; the payment is made in respect of a deceased member to a dependant; the dependant’s accrued survivor benefits under the scheme must be “trivial” within HMRC-prescribed value limits and conditions; and payment extinguishes all remaining rights under the scheme in respect of the dependant. It enables trustees to discharge small survivor liabilities efficiently on wind-up. The tax treatment follows the authorised payments regime and depends on statutory conditions, including timing and (for UK tax) the member’s age at death and applicable lump sum death benefit allowances. Usage and effect are consistent across England & Wales, Scotland and Northern Ireland. In Ireland, the term is not a statutory label; similar commutation on scheme wind-up may occur under the Pensions Act 1990 and Revenue practice, but different tax...
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 Winding-up lump sum death benefit

NEWS
UK pensions update: HMRC lifetime allowance reforms (PCELS), TPR LDI data regime, 2024–25 scheme return guidance and FRC AS TM1 changes—15 February 2024

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....

Read More Right Arrow

View the related Practice Notes about Winding-up lump sum death benefit

PRACTICE NOTES
Pension drawdown (flexi-access and grandfathered capped) from 6 April 2015: scheme powers, tax allowances post-2024, death benefits, reporting, member issues and FCA rules

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...

Read More Right Arrow
PRACTICE NOTES
Fixed Protection 2016 for UK Registered Pension Schemes: post-LTA abolition entitlements, transitional rules, applications, cessation events, transfers, new memberships, death benefits, pension debits and auto-enrolment

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)...

Read More Right Arrow
PRACTICE NOTES
Tax treatment of pensions: contributions, withdrawals, allowances, death benefits, and settlement options on relationship breakdown (offsetting, sharing, attachment) in financial order proceedings

This Practice Note provides overarching guidance on how tax affects contributions to, and benefits paid from, pension schemes, together with the varieties of pension orders that can be made within financial order proceedings. Specialist advice should be obtained where necessary. Tax concessions Tax incentives on pension contributions encourage individuals and employers to build up future retirement savings...

Read More Right Arrow