PSI6.4.46 - Total Benefits on Retirement at Normal Retirement Age: Pensionable Remuneration and Final Remuneration - Final Remuneration Not Determined for Tax Purposes


(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)

[PN Glossary]

Where it is desired to provide immediate benefits for an employee attaining NRD (or at any other retirement date) in circumstances where final remuneration cannot be precisely established because tax liability on all the constituent elements of remuneration for the year or years in question has not been determined, final remuneration may be calculated on the appropriate basis using PSI6.4.15 using those elements of remuneration which have been finally determined for tax purposes. Immediate “on account” pension and lump sum benefits may be provided based on final remuneration so calculated. When tax liability on remuneration is finally determined and final remuneration recalculated providing scope for further benefits (both pension and lump sum) these may be paid but they must not cause total benefits to exceed Inland Revenue limits calculated as at the date benefits were first taken.

Where the above applies in the case of a member who does not have continued rights and whose lump sum retirement benefit is calculated on the basis set out in PSI8.1.25, a subsequent additional lump sum will not be possible if final remuneration is not finally determined for tax purposes until after the end of the first year in which the pension has been in payment. Where immediate benefits are not being provided or where a transfer payment is to be made in respect of accrued pension benefits then final remuneration may only be calculated using remuneration assessable to income tax under Case I or II of Schedule E and upon which tax liability has been determined.