RPSM10105260 - Technical Pages: Death benefits: Lump sums: Member dies aged under 75: A trivial commutation lump sum death benefit
A trivial commutation lump sum death benefit
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[Para 20, Sch 29] |
Where a dependant of a member who died before reaching age 75 becomes entitled to authorised pension death benefits and the level of those benefits is within a triviality limit, the scheme may provide for those pension entitlements to be commuted and paid as a lump sum (along with any lump sum death benefit entitlement). Such a combined lump sum death benefit payment is called a trivial commutation lump sum death benefit.
However, a trivial commutation lump sum death benefit may only be paid where both
- the member giving rise to the entitlement died before reaching age 75, and
- the payment is actually made before the date the member would have reached their 75th birthday.
The payment must extinguish the dependant’s entitlement to any form of authorised death benefit under the registered pension scheme in respect of the deceased member. This is all entitlements to a pension death benefit, or lump sum death benefit, under all arrangements the member held under that scheme.
A trivial commutation lump sum death benefit can only be paid to a dependant entitled under the scheme to a pension death benefit in respect of the member.
A trivial commutation lump sum death benefit may be paid from any form of arrangement.
Triviality measure
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[Para 20(2), Sch 29] |
To be a trivial commutation lump sum death benefit the level of payment should not be more than 1% of the standard lifetime allowance on the date the lump sum is paid, i.e. £15,000 for 2006/07. Any amount paid over and above the 1% of standard lifetime allowance measure will not be a trivial commutation lump sum death benefit. Any excess will become either
- another form of authorised member payment (if it falls within the relevant definition), or
- an unauthorised member payment, and be taxed as such - see RPSM10100120.
Taxation
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[Para 11, Sch 31][s636C, Chapter 15A, ITEPA03] |
A trivial commutation lump sum death benefit is taxable as pension income on the recipient of the dependant receiving the payment - see RPSM04101140.
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Glossary (RPSM20000000) |
