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| [s152] |
The pension rules and lump sum rule work at the level of an
individual’s
arrangement under a
registered pension scheme, rather than at a scheme
or member level. (Although there are some exceptions where
particular lump sum benefits are being paid.) The same applies when
dealing with the death benefit rules.
An arrangement is a contractual or trust-based arrangement
made by or on behalf of an individual under a registered pension
scheme.
An individual arrangement cannot be made under more than one
registered pension scheme.
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| [s152] |
Whilst an arrangement must be held in a single scheme, there are
no limits on how many arrangements a member can hold under a
registered pension scheme. In some schemes the member’s fund
may be broken up into many separate arrangements; in others there
may only be one.
An arrangement is a concept inherited under the new regime
from the old
personalpension scheme tax legislation. Before 6 April
2006, many personal pension schemes routinely structured a
member’s fund under the scheme by splitting these funds
between multiple arrangements in order to give the member maximum
flexibility over when they drew benefits. Such schemes are likely
to retain this framework under the post 5 April 2006 tax regime,
particularly if the member has a mixture of arrangements under the
scheme, some where benefits have been drawn and others where not.
On the other hand an
occupational pension scheme that provides
defined benefits is less likely to adopt a
multiple arrangement structure under the new regime, given the
nature of the benefit provision under the scheme. Although if the
scheme provides benefits on a mixed basis to its members, for
example it provides a defined benefit final salary accrual, but a
money purchase benefit in relation to member
contributions, those different benefit entitlements are treated as
accruing in separate arrangements for tax purposes (see
RPSM09100230).
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| [s165][s166][Sch 28][Sch 29] |
The member may draw benefits from each arrangement independently of any other arrangements they hold within the same scheme (subject to the pension rules and lump sum rule).
Jane is a member of registered pension scheme with benefits accruing through six arrangements within that scheme. When Jane is 60 she decides to start working part-time. To supplement her income she decides to draw benefits from two of the arrangements she holds in the scheme, leaving the remaining four arrangements untouched. Provided the scheme rules contain the necessary enabling provisions she is quite entitled to do this.
It is also possible for benefits to be drawn from only a proportion of the funds held within a single arrangement. This process is described in more detail on RPSM09100400.
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| Glossary ( RPSM20000000) |