RPSM03101532 - Technical Pages: Protecting pension rights from tax charges: Valuing pension rights at 5 April 2006: MPP for pre 14/3/89 statutory schemes

Retirement benefits scheme limit: maximum permitted pension for statutory schemes established before 14 March 1989

[Para 9(3), (4)(a), (5), (5A) & (5B)Sch 36]

The value of MPP for arrangements under statutory schemes which were established before 14 March 1989 is the maximum annual pension that the scheme could pay the individual on 5 April 2006. It should be assumed that

  • the individual left employment on or before 5 April 2006,
  • that no reduction is applied to the individual’s pension on account of their age on 5 April 2006, and
  • the individual should be assumed to be in good physical and mental health.

Where a scheme allows a separate lump sum to be exchanged for pension on a normal retirement basis, i.e. not serious ill-health or trivial commutation, the lump sum is converted to pension using the scheme exchange factor.

Example 1

The ABC statutory scheme gives benefits of a pension of 1/80th and a lump sum of 3/80ths of pensionable salary for each year of pensionable service. The scheme allows members to exchange their retirement lump sum for extra pension using a factor of 21:1, i.e. for every £100 lump sum given up £4.76 of extra pension is provided.

Katy is a member of the ABC scheme and on 5 April 2006 has pensionable salary of £100,000 and has 35 years pensionable service. Her benefits under the scheme are

Pension = 35/80 x £100,000 = £43,750pa

Lump sum = 3 x 35/80 x £100,000 = £131,250.

The pension equivalent of the lump sum using the scheme exchange factor is £6,250 (£131,250/21). So the value under paragraph 9 Schedule 36 is

20 x (£43,750 + £6,250) = £1 million

Where a lump sum cannot be exchanged for pension the value of the separate lump sum is added to the value of 20 times MPP for the purposes of paragraph 9(3) Schedule 36.

Example 2

As in example 1 but the scheme does not allow the lump sum to be exchanged for extra pension. The value under paragraph 9 Schedule 36 is

(20 x £43,750) + £131,250 = £1,006,250

Glossary ( RPSM20000000)