RPSM03104030 - Technical Pages: Protecting pension rights from tax charges: Enhanced protection: Overview: Limit on protected pension rights

The limit on protected pension rights

[Para 12(5) Sch 36] [The Registered Pension Schemes (Surrender of Relevant Excess) Regulations 2006 – SI 2006/211]

Paragraph 12(5) schedule 36 FA 2004 states that an individual cannot give notice of an intention to rely on enhanced protection where the individual’s uncrystallised pension rights on 5 April 2006 are excessive. Excess rights will arise whenever the value of pension rights in all retirement benefit schemes and deferred annuity contracts (section 32 policies) for an employment are greater than the value of the maximum permitted pension (MPP) for that employment (see RPSM03101530).

Such excess rights must be surrendered before the individual can claim enhanced protection.

RPSM03104032 gives more information on surrendering excess benefits.

Glossary ( RPSM20000000)