RPSM03106062 - Technical Pages: Protecting pension rights from tax charges: Taking benefits before normal minimum pension age: Employment after taking benefits

Loss of protection due to employment after taking benefits

[Para 22(7)(b) Sch 36]

Where the entitlement to a protected pension age arises from membership of a retirement benefits scheme or deferred annuity contract (section 32 policy) before 6 April 2006 the protected pension age will be lost if the individual is employed by certain persons. This condition also cover those rights have subsequently been transferred as part of a block transfer to a personal pension scheme.

The employment restriction applies where entitlement to benefits arises after 5 April 2006. They do not apply where entitlement to benefits was already in existence on that date.

The type of restriction depends on whether the individual’s protected pension age on 5 April 2006 is to an age

  • below 50, or
  • from age 50 to age 54.

Whichever age group the protected pension age falls in protection will be lost where the main purpose (or one of the main purposes) for early entitlement to benefits using a protected pension age is to avoid paying tax or national insurance contributions.

RPSM03106063 describes the circumstances in which someone with a protected pension age below age 50 could lose that protection.

RPSM03106064 to RPSM03106065 describe the circumstances in which someone with a protected pension age of 50 to 54 could lose that protection.

Glossary ( RPSM20000000)