The benefits you can expect an occupational pension scheme
to pay out when you die depend on whether you are an active
member, a deferred member or a pensioner
member when you die. The benefits payable on the death of a
member differ from scheme to scheme and for each member status. The
following is a general guide to the benefits payable.
Death of an active member
The benefits payable are usually divided into three separate
elements - a Death in Service lump sum, a return of the member's
own contributions and a survivor's pension. These three elements do
not automatically all feature in every pension scheme.
Most schemes provide for a Death in Service benefit, similar to
a life assurance policy. A lump sum is paid to a beneficiary on the
death of a member. The value of the lump sum is normally calculated
as a multiple of the member's final earnings. The benefit can be
paid free of tax if it is less than the member's available lifetime
allowance.
The benefit is normally only available to active members but
some schemes do extend the benefit to other members, in some
circumstances.
The member, usually when they first join the scheme, will
complete a form indicating whom they would like the trustees to pay
the lump sum to. However, the trustees have full discretion over
the payment of the lump sum so can choose to pay it to whoever they
feel is most deserving (i.e. someone financially dependent on the
member).
Other benefits may be provided depending on the scheme type.
In final
salary and career
average schemes it is common for a refund of the member's own
contributions to be paid. In addition, the rules sometimes provide
for a spouse's pension of up to two-thirds of the member's
potential pension at Normal Retirement Date
(NRD). All schemes that provide a pension for widows must also
provide pensions for widowers. Registered civil
partners must be treated the same as married couples.
Some schemes will provide additional pensions for dependent
children.
In money purchase schemes, normally
only a refund of the accumulated fund is paid. The most a money
purchase scheme can pay is the value of uncrystallised funds in the
plan when the member or policyholder dies (but can include growth
on those funds up to the point the sum is actually paid out).
Uncrystallised funds means funds that have not as yet been used to
provide that member with a benefit under the scheme.
If the scheme is contracted-out, a pension from the
accumulated Protected Rights pot may be
payable to a surviving spouse or civil partner.
Death of a deferred member
In final
salary and career
average schemes, normally the only benefit is a refund of the
member's own contributions. If the scheme is contracted-out, the Guaranteed Minimum Pension
(GMP) is payable to a surviving spouse or civil partner. Some
schemes though, do provide full widows' benefits of up to
two-thirds of the member's preserved pension.
Any lump sum payment can be paid free of tax if it is less than
the member's available lifetime allowance.
In money purchase schemes, normally
only a refund of the accumulated fund is paid. The most a money
purchase scheme can pay is the value of uncrystallised funds in the
plan when the member or policyholder dies (but can include growth
on those funds up to the point the sum is actually paid out).
Uncrystallised funds means funds that have not as yet been used to
provide that member with a benefit under the scheme.
If the scheme is contracted-out, a pension from the accumulated
Protected
Rights pot may be payable to a surviving spouse or civil
partner.
Death of a pensioner member
Most pensions are set up with a five-year (sometimes a ten-year)
guarantee. If the member dies within the guarantee period, the
remaining unpaid pension instalments are paid to a beneficiary. For
example:
- Date of retirement: 1 April 1998
- Guarantee period: 5 years (60 months)
- Guarantee expiry date: 31 March 2003
- Date of death: 24 April 2002
- Monthly pension: £500.00
- Pension instalments paid: 49 (1 April 1998 to 1 April 2002
inclusive)
- Unpaid instalments: 11
- Amount to be repaid: £5,500 (11 x £500)*
* This sum may be reduced to reflect the
fact that the remaining payments are being paid early.
In a final salary or career
average scheme, the level of pension payable to a
survivor is set by the rules of the scheme. It is usually half of
the member's pension but can be as high as two-thirds.
In a money purchase scheme, on
retirement, the member purchases an annuity with the fund built up
in the scheme. The member can choose the level of spouse's pension
payable on their death from the options available from the
provider. The pension payable on the member's death is therefore
equal to the level chosen.
Q & A's
No. Lump sums are paid at the discretion of the scheme trustees.
This is to exempt the beneficiaries from inheritance tax
liabilities. The trustees have a duty to ensure that the lump sum
is paid properly, taking into account the member's wishes and
anyone that may have been financially dependent on the member when
they died.
Your exact position will depend on the scheme's Rules.
Typically, pension schemes have in the past only promised to
automatically pay pensions to spouses after a member dies. Many
schemes are changing their rules now to allow long-term unmarried
partners to claim the same rights as married couples and registered
civil partners.
The force of law is not behind these moves, so they are
voluntary in nature. If your scheme does not treat unmarried
partners the same as a husband and wife, or registered civil
partners, you may receive a dependants' pension, when your partner
dies, if you can show that you are financially dependent on him or
her.
The Civil Partnership Act 2004 came into force on 5 December
2005 and obliges pension schemes to treat civil partners the same
as married couples from December 2005. That means that any special
rules that existed for married couples only before December 2005
can remain, but any benefits arising after that date must be
equal.
A lump sum paid from a defined benefit scheme, which is
expressed as a multiply of salary, service or prospective pension,
for example, will be tax free as long as the amount does not exceed
the member's available lifetime allowance.
Money purchase schemes are restricted in the amount they can pay
out as a lump sum on death. There will be no tax charge as long as
the amount paid is less than or equal to the restricted amount and
does not exceed the member's available lifetime allowance.
A lump sum paid under a five-year guarantee is taxed at 35% if
the guarantee period starts after 5 April 2006. If your five-year
guarantee started before 6 April 2006 and it has time left to run,
any payment may be protected from the tax charge.
Any pension payable to a spouse, civil partner, child or other
dependant is treated as taxable income.