PSI14.1.4 - Transfer Payments: General Amount of Transfer Value


(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)

[P10.26]

A member has a right to a transfer value which is at least the cash equivalent of the pension benefits to which he or she would have been entitled if they had been left in the former employer's scheme (paragraph 12 Schedule 1A SSPA 1975). Regulations made under paragraph 13 of Schedule 1A require transfer values to be calculated on a basis consistent with guidelines issued by the Institute and Faculty of Actuaries and with the methods and assumptions used to calculate the benefits to be granted to the member in respect of a transfer payment accepted by the scheme. Where a member opts for the cash equivalent of his or her revalued benefits to be applied as a transfer value, our requirements depend on when the scheme was approved. For schemes approved prior to 29 November 1991, (the publication date of the 1991 edition of PN) our only requirement is that the transfer value should not exceed the member's actuarial interest in the scheme. We take the view that the term “member’s actuarial interest” means the present value of the sum required at Normal Retirement Date to provide the member’s prospective benefits. Any amount above this sum is a surplus and may not be transferred. For schemes approved on or after 29 November 1991, the transfer value must be limited to the amount which is sufficient to provide the maximum benefit on the basis that the member had left pensionable service at the date of taking the transfer (or, where the member had already left service prior to that date, the maximum at that date plus any appropriate increases in respect of the intervening period). The relevant maximum in these circumstances is as set out in Section 3 of Part 13. You should note, however, that there is no restriction on the amount of a transfer value paid in the following circumstances:

  1. from a simplified defined contribution scheme;
  2. from a free-standing additional voluntary contribution scheme;
  3. to a scheme of the same employer, other than a simplified defined contribution scheme;
  4. to a scheme of a different employer where continuous service has been granted.

Where an employee’s benefit entitlement in the transferring 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)

details of the pension debit must accompany the transfer payment unless the transfer is to a simplified defined contribution scheme (see PSI14.2.56).