RPSM02100020 - Technical pages: Registering a pension scheme with HMRC: pension schemes which exist at 5 April 2006: Existing pension schemes at 5 April 2006 which become registered pension schemes under the tax regime from 6 April 2006

Existing pension schemes at 5 April 2006 which become registered pension schemes under the tax regime from 6 April 2006

HMRC automatically treats certain pension schemes as registered under the new tax regime for pension schemes from 6 April 2006. Certain other tax-privileged schemes or contracts are automatically treated as registered. To reduce the administrative impact of the change of regime for pension schemes, the schemes concerned do not need to be formally registered.

HMRC recognises as a registered pension scheme any pension scheme that on 5 April 2006 fell within any of the following categories

• a retirement benefit scheme approved under Chapter 1 of Part 14 of ICTA 1988 (commonly known as an approved occupational pension scheme). This includes Additional Voluntary Contribution (AVC) schemes. Where a scheme had split approval under s611 ICTA so that only part of the scheme was approved, only the approved part will be treated as a registered pension scheme.
• a personal pension scheme approved under Chapter 4 of Part 14 of ICTA 1988 (commonly known as an approved personal pension scheme - including an approved stakeholder pension scheme - or an approved group personal pension scheme (GPP).
• a retirement annuity contract or retirement annuity trust scheme approved before 1 July 1988 under Chapter 3 of Part 14 of ICTA 1988 (contracts for the self-employed or employees in non-pensionable employment). These policyholders are still able to contribute to these arrangements). This includes contracts approved under the same Chapter 3 that provide only a lump sum payment on the death of the member before age 75.
• relevant statutory schemes (more commonly known as public sector pension schemes), which are not approved schemes. Examples include schemes such as those for employees of the NHS, civil service, police, fire, armed forces, teachers, Parliament and National Assemblies, and also schemes not established by statute but which have been treated as statutory schemes.
• former approved superannuation funds (more commonly called "old code" schemes). These are schemes which were approved before 1970, but have not been re- approved as "new code" occupational pension schemes. However, they have retained their former approved status if no contributions have been made to the scheme since 5 April 1980).
• certain deferred annuity contracts, although they were not approved pension schemes prior to 6 April 2006, are automatically treated as registered pension schemes (see RPSM02104000).

If a pension scheme falling into any of the above categories is not to be automatically registered under the new regime from 6 April 2006, the relevant administrator should take action as set out in RPSM02100030.