PSI9.1.12 - Service after Normal Retirement Date: General - Post FA 89 basis - Maximum Benefits – Pension Sharing on Divorce


(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)

Where an employee’s benefit entitlement in the scheme is

  • permanently reduced by a pension sharing on divorce order (see PSI3.5.4), and
  • the pension debit must be taken into account for Revenue limits purposes (see PSI6.5.89)

the maximum permissible total pension benefit for the employee must not exceed

  • the amount of pension benefit that could have been paid to the employee had there been no pension sharing on divorce order (see PSI9.1.10)

less

  • the pension equivalent of the pension debit (see PSI9.1.13)

and the maximum permissible lump sum benefit must not exceed

  • 2.25 x initial rate of pension payable (see PSI8.1.25) after reduction to take account of the pension debit (see PSI9.1.13) where the lump sum is by commutation of pension, or
  • 3 x initial rate of pension payable (see PSI8.1.25) after reduction to take account of the pension debit (see PSI9.1.13) where the scheme rules provide for a pension and separate lump sum.