Learning Material Sample

Pension funding options

3. Transitional protection

Learning outcome: Understand the HM Revenue and Customs (HMRC) tax regime for pensions with particular reference to the accumulation of retirement funds

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Covers enhanced protection (5 mins) and primary protection (6 mins)

Although one aim of pensions simplification was to replace the eight pr...

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... rules are possibly some of the most complex aspects of the new regime.
Enhanced protection is available to everyone with pre A-Day benefits irrespective of the value of their pension rights. An election for enhanced protection fully protects an individual against the lifetime allowance charge regardless of how their pension rights grow after A-Day.

Relevant benefit accrual

In return for this valuable protection the individual must cease all relevant benefit accrual under registered pension schemes after 5 April 2006.

For money purchase arrangements this broadly means that no contributions can be paid to the scheme after 5 April 2006. The only exceptions are that NI rebates to existing contracted-out plans can continue as can contributions t...

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...wo defined benefit schemes (unless it results from a wind-up or a relevant business transfer related to a business reorganisation).

Claiming enhanced protection

To claim enhanced protection, individuals had to submit a form APSS200 to HMRC no later than 5 April 2009. If protection was granted then HMRC issued a certificate to the individual confirming their protection.

Losing enhanced protection

Enhanced protection is revoked if:

Relevant benefit accrual takes place

A transfer is made that is not a permitted transfer

The individual informs HMRC that they wish to revoke it.

How can enhanced protect be revoked?

 

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Only individuals with pension rights valued at more than £1.5m on 5 April 2006 could apply for primary protection. An election for primary protection gives an individual a personal lifetime allowance that is larger than the standard lifetime allowance and allows contributions to continue or benefits to continue to build-up after A-Day. This gives increased protection against the lifetime allowance charge but the charge will still arise if the crystallised value of benefits when they are taken exceeds the personal lifetime allowance.

The primary protection factor

The primary protection factor is the increase to the standard lifetime allowance for someone with primary protection. The factor is calculated as:

(A-Day benefit value - £1.5m)/£1.5m

Whenever benefits are crystallised, this factor is applied to the standard lifetime allowance to give the personal lifetime a...

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...ion is lost.

Losing primary protection

An individual cannot voluntarily give up primary protection. The only way that primary protection can be lost is if a pension share on divorce has the effect of reducing the individual’s personal lifetime allowance below 100%.

Impact of the reduction of the lifetime allowance from 6 April 2012

The reduction of the lifetime allowance from 6 April 2012 has made transitional protection more important than it originally appeared and individuals who registered by 6 April 2009 for primary and/or enhanced protection are not affected by the change. For primary protection a lifetime allowance of £1.8 million will still be used when calculating their personal lifetime allowance enhancement factor.

Where an individual applied for both enhanced and primary protection which of them took priority?

 

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The maximum pension commencement lump sum (tax-free cash) rights since A-Day are 25% of the value of the benefits. At A-Day this equated to a maximum pension commencement lump sum of 25% x £1.5m = £375,000. In 2011/12 it is 25% of £1.8m.

There are however three types of pension commencement lump sum rights that can be given transitional protection:

Where a member elected for primary protectio n any pension commencement lump sum (PCLS) entitlement (up to 25% of the fund value) also had to be registered for primary protection. The member's pension commencement lump sum entitlement is calculated as at 6 April 2006 and this amount will be increased each year in line with increases in the lifetime allowance.

Primary protection example

Dennis has a registered PCLS of £500,000 under primary protection. He decides to crystallise his benefits in tax ye...

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...rmula does not apply where the PCLS rights have been registered for enhanced or primary protection.

Scheme-specific lump sum protection example

John had benefits worth £100,000 at A-Day including a protected PCLS of £50,000. He continues to fund his pension until he decides to draws it in tax year 2011/12 when his fund is worth £200,000 and the lifetime allowance is £1.80m.

John’s protected PCLS is £60,000 i.e. £50,000 x (1.8/1.5) and his additional PCLS is £20,000 i.e. 25% x [£200,000 – (£100,000 x 1.8/1.5)]). So John can take a PCLS of up to £80,000.

Which type of pre A-Day pensions could have built up a pension commencement lump sum entitlement of greater than 25% of the value of pension benefits and therefore benefit from scheme specific protection?

 

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