RPSM03110100 - Technical Pages: Protecting pension rights from tax charges: Retained benefit practice before 6 April 2006: September 1991 Armed Services pensions

IR12 Practice Notes September 1991 version

16. 30 Armed Services pensions

RETIRED BENEFITS (PENSION)PENSIONS IN PAYMENT

MEMBER OVER 55
PENSION IN PAYMENT

MEMBER UNDER 55
PENSION IN DEFERMENT
RETIRED PAY (OFFICERS) LONG SERVICE PENSION (OTHER RANKS)Pension in payment (includes cost of living to date)

Add 5% pa to new NRD
Pension in payment

(Cost of living not yet included)

Add notional cost of living to date
Then add 5% pa to new NRD
Pension in deferment

Add notional cost of living to date

Then add 5% pa to new NRD
RESETTLEMENT COMMUTATIONNothing

(added back to pension at age 55)
Add back actual amount of surrendered retired pay to pension in payment

Add notional cost of living to date
Then add 5% pa to new NRD
 
LIFE COMMUTATIONImmediate life annuity value at new NRA of the actual amount, using rates prevailing at time of joining new schemeImmediate life annuity value at new NRA of the actual amount, using rates prevailing at time of joining new scheme 
TERMINAL GRANT- do -- do -Immediate life annuity value at new NRA of estimated amount, using rates prevailing at time of joining new scheme
RETAINED BENEFITS (LUMP SUM)  TERMINAL GRANT IN DEFERMENT
Resettlement Commutation ) Life Commutation ) Terminal Grant )Actual amount of all lump sums receivedActual amount of all lump sums received3 x estimated pension (see above) at new NRA

Concurrent employments

16.31

Guidance is often sought as to whether retained benefits from earlier employments/occupations should be apportioned when later employments are concurrent.

16.32

When calculating benefits from concurrent employments the treatment of retained benefits from earlier employments or occupations will vary depending on whether or not the employments are associated or the relevant schemes are connected. Where the employments are not associated and the schemes are not connected any such retained benefits should be apportioned by reference to the initial remuneration where the concurrent employments commence simultaneously and each amount treated as a separate retained benefit. Where the concurrent employments do not commence simultaneously, the retained benefits should either be set fully against the earliest employment and ignored for subsequent employments, or be set fully against the earliest employment and then re-apportioned (on a remuneration basis) when the subsequent employments commence

16.33

Where the concurrent employments are associated or the schemes are connected, the retained benefit in full is set against benefits from the employment which vest first and any unexhausted balance is set against the benefits from the other employments successively as they vest. If all the benefits vest together the same principle applies but the sequence is immaterial. In this context the vesting date is as defined in paragraph 16.20