PSI14.2.57 - Transfer Payments: Benefits from Transfer Payments – 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 a pension debit is included with a transfer (see PSI14.2.56) to another scheme of the same/associated employer or to a scheme where continuous service applies, the pension debit must be aggregated with the actual benefits paid to the employee in respect of the particular employment to ensure that the total amount does not exceed what could have been paid to the employee had the pension sharing on divorce order not occurred.

Where the transfer is to a non-associated employer’s scheme or a scheme where continuous service is not given, the pension debit will be treated as a retained benefit together with retained benefits actually payable, such as from transfer payment, for the purpose of the maximum benefits that can be paid to the employee from the receiving scheme in respect of the current employment.