RPSM03105561 - Technical Pages: Protecting pension rights from tax charges: Lump sums: Scheme specific protection: Example 2 valuation where lump sum is over HMRC limit

Example 2 of valuing lump sum benefits exceeding 25% where the lump sum benefits on 5 April 2006 exceed HMRC limits

Mike has benefits in 3 money purchase arrangements for his single employment. The total fund value is £645,000 split as follows.

  • Scheme A = £120,000
  • Scheme B = £500,000
  • Scheme C = £25,000

All schemes provide lump sums by commutation. Scheme A provides a lump sum of 3/80ths salary for each year of service. Schemes B and C both potentially provide the maximum permitted lump sum that can be paid under HMRC limits. The lump sum entitlement under the schemes on 5 April 2006 is as follows

  • Scheme A = £110,000 (91.67%)
  • Scheme B = £150,000 (30%)
  • Scheme C = £25,000 (100%)

Mike can only protect what he is actually entitled to. The funds in scheme C are less than Mike’s HMRC maximum permitted lump sum, but as there is only £25,000 actually available to provide benefits the lump sum entitlement is the fund value of £25,000.

Mike’s HMRC maximum benefits are a pension of £100,000 pa and a lump sum of £150,000. The total scheme funds will not provide excessive pension benefits but the total lump sum entitlement of £285,000 is £135,000 more than the HMRC maximum permitted lump sum. The £135,000 excess will be apportioned across all 3 schemes using the formula

Scheme lump sum – (excess lump sum x scheme lump sum /total lump sums)

Scheme A = £110,000 – (£135,000 x £110,000/£285,000) = £57,895

Scheme B= £150,000 – (£135,000 x £150,000/£285,000) = £78,947

Scheme C= £25,000 – (£135,000 x £25,000/£285,000) = £13,158

This gives LS rights apportioned between the schemes as follows

  • Scheme A = £57,895 (48.25%)
  • Scheme B = £78,947 (15.79%)
  • Scheme C = £13,158 (52.63%)

Schemes A and C will have protected lump sum rights. As the adjusted lump sum rights under scheme B are now below 25% scheme B will not be protected. The normal lump sum rules under paragraphs 2 and 3 Schedule 29 FA 2004 will apply to scheme B.

Glossary ( RPSM20000000)