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Death Benefits

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

Do the Trustees have to follow my expression of wish form?

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.

If I die, will my partner get anything from my pension scheme?

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.

As a same-sex partner, will I have any rights when my partner dies?

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.

Will my dependants have to pay any tax on these death benefits?

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.

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