PSI1.3.3 - Establishment and Administration of Retirement Benefits Schemes: Exempt Approved Schemes And Conformity With Trust Law - General


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

With a retirement benefits scheme the employer must declare the trust and set aside assets to be held by a trustee, who may be the employer, on trust for the members. The terms of the trust must ensure that the scheme assets are alienated from the employer who set up the scheme. This separation of interests is fundamental to the basic concept that a trust is an arrangement under which a person (or group of persons) holds property for the benefit of others. More particularly, in a pension scheme it provides better security for the benefits than if the funds were part of the employer's assets.