PSI3.1.24 - Membership of Schemes Eligibility: Membership of An Employer's Occupational Pension Scheme And Personal Pension Schemes - General, and Contracting-out


(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)

An employee may be a member of his/her employer's occupational pension scheme while at the same time and for the same employment contributing to a personal pension scheme, if this paragraph or PSI3.1.25 or PSI3.1.26 apply If contributions have been made to both types of scheme in other circumstances, the personal pension contributions paid in that period should be refunded (see PSI22.3.24).

If the employer's occupational pension scheme is not contracted-out, the employee may join a personal pension scheme purely to contract out of the State Second Pension (S2P) (before 6 April 2002, SERPs). The only contributions which may be accepted by the scheme administrator are the "minimum contributions" which are the rebate of National Insurance contributions and associated tax relief which are paid to the scheme by the Inland Revenue National Insurance Contributions Office. Such personal pension arrangements are sometimes known as "rebate only" personal pensions.

Benefits from "rebate only" personal pension arrangements are not aggregable for the purposes of calculating the employer's occupational pension scheme limits; nor are they treated as retained benefits in any subsequent employer's occupational pension scheme.