RPSM03101530 - Technical Pages: Protecting pension rights from tax charges: Valuing pension rights at 5 April 2006: Determining whether protected benefits need to be limited

Retirement benefits scheme limit: how to determine whether the protected benefits need to be limited

[Para 9(3) Sch 36]

There is a limit on the amount of benefit which could be paid to the individual for each employment which has generated pension rights at 5 April 2006 under approved schemes listed in paragraph 9(1) Schedule 36 Finance Act 2004. This limit is defined in paragraph 9 Schedule 36 Finance Act 2004 as the maximum permitted pension (MPP).

The value under paragraph 9 Schedule 36 is 20 times MPP. How MPP is valued depends on whether or not the scheme is a statutory scheme set up before 14 March 1989.

RPSM03101532 describes what MPP is for statutory schemes established before 14 March 1989 and how the value for paragraph 9 Schedule 36 is calculated.

RPSM03101531 describes what MPP is for any other type of retirement benefits scheme or deferred annuity contract (section 32 policy). This includes statutory schemes established on or after 14 March 1989.

Where the value of an individual’s pension rights relating to an employment, as valued by paragraph 8 Schedule 36, exceeds the value under paragraph 9 Schedule 36 (20 times the value of the MPP), the value under paragraph 9 Schedule 36 becomes the value for those rights which may be protected. The total value for the individual’s uncrystallised pension rights must then be adjusted accordingly.

Glossary ( RPSM20000000)