RPSM03101580 - Technical Pages: Protecting pension rights from tax charges: Valuing pension rights at 5 April 2006: Example of limited benefits - defined benefits rights

Retirement benefits scheme limit: example of limited benefits and defined benefits rights

Fran has uncrystallised pension rights in 2 retirement benefit schemes which both relate to the same employer. She also has a benefit from an earlier employment, commonly known as a retained benefit. Retained benefits are defined in Appendix 1 of the IR 12 “Occupational Pension Schemes Practice Notes”.

Her rights in the 2 schemes of her current employer are valued separately for the purposes of paragraph 8 Schedule 36 Finance Act 2004 and do not take into account the retained benefit see RPSM03101050. Her rights in the 2 schemes have a total value of £3 million.

Under paragraph 9 Schedule 36 Finance Act 2004, the limit for Fran’s pension rights at 5 April 2006 for her current employment are calculated as the higher of

• one sixtieth of final remuneration for each year of pensionable service (subject to a maximum of 40 years) and
• the result obtained using the formula N/NS x (P-RB) where

The calculation using sixtieths gives a figure of £105,000 while the formula produces a figure of £120,000. This is the maximum permitted pension (MPP) for a pension coming into payment on 5 April 2006. The capital value of the MPP is £2.4 million (£120,000 x 20). The valuation factor for uncrystallised pension rights on 5 April 2006 is always 20.

As the value of Fran’s rights under paragraph 9 are lower than the value under paragraph 8 (£3 million), £2.4 million is the value which can be protected for her current employment.