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Occupational & Personal Pensions

The following is a summary of future reforms to occupational and personal pensions (including stakeholder pensions). 

Statutory minimum retirement age

All registered pension schemes must incorporate the normal minimum pension age of 55 into their rules by 6 April 2010. It is for schemes/employers to decide how and when to make this change in a way that best suits their needs.  This is a matter of tax legislation and is contained in the 2004 Finance Act. 

Click here to read more about minimum retirement ages

Statutory maximum retirement age

Historically, members of private pension schemes have been forced to draw their retirement benefits by the age of 75. From 6 April 2011 this limit will change - the government is currently running a consultation on the new rules to apply from this date. We will update this page when details of the new regime are published.

In the meantime, effective from 22 June 2010, some pension scheme members can take advantage of transitional rules.  Basically, members of defined contributions pension schemes (i.e. money purchase, personal and stakeholder schemes) who have not yet purchased an annuity and reach 75 on or after 22 June 2010, will have until age 77 to purchase their annuity or move into Alternatively Secured Pension (ASP) .

There are a number of conditions to these transitional rules so you should click here to download HMRC's full announcement.

It should be noted that the Alternatively Secured Pension (ASP) is still an option for those wanting to defer annuity purchase beyond their maximum retirement age, whether that be 75 or 77. 

Lifetime Allowance and Annual Allowance

What's Changing?

Since the Lifetime Allowance (LTA) and Annual Allowance (AA) were introduced in 2006, they have increased each year.  Now, the LTA and AA will rise in the 2010/11 tax year but will then be frozen for at least the next 5 tax years. 

  • The LTA will be fixed at: £1.8m
  • The AA will be fixed at: £255,000.

Who does it affect?

Everyone, except those who had large pension pots at April 2006 and took Enhanced Protection.

Are there any exceptions?

If you have large pension savings and opted for Enhanced Protection, benefits can be taken without the application of any recovery charge, regardless of their value and regardless of the change in the LTA (to qualify for Enhanced Protection, you had to cease being an active member and opt out of making further pension savings before 6 April 2006.) 

There is no Annual Allowance in the year of taking benefits.

What will be the consequences (if any)?

The Trivial Commutation Limit is linked to the LTA, so this will also be fixed at £18,000 (1% of the LTA). 

Anyone who has opted for Primary Protection will need to be aware that their personal LTA will stay frozen too.  That is because Primary Protection values an individual's pension rights on 6 April 2006, to produce a percentage uplift to the lifetime allowance. 

For example, if someone's pension benefits on 6 April 2006 were valued at £2.25 million this would equate to 150% of the LTA.  Benefits would then be protected from the recovery charge until the value exceeded 150% of the Lifetime Allowance at the point they were drawn.  So someone with a personal LTA of 150% would only protect pension savings up to £2.7m throughout the period between 6 April 2010 and 5 April 2016.

Abolition of 'contracting out' for defined contribution schemes

Contracting out for defined contribution schemes will be abolished. Contracting-out certificates for these schemes will be automatically cancelled.  The result will be that members of money purchase schemes will be automatically contracted back in to the S2P from the date of cancellation.  This is likely to become effective from 2012.

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