Restricting pensions tax relief for high income individuals

Similar documents
The Pensions (Automatic Enrolment) Regulations 2009 are scheduled to come into force from October 2012 and include the following:

The Government has announced the contracting-out rebates to apply from 6th April A draft Order has been laid before Parliament confirming that:

determine if these sources of funding could be used to increase assistance for affected scheme members; and

Financial incentives to save for retirement DWP research

The actuarial profession has also published a briefing note on the subject.

Ministerial announcement on adjustment of benefits for unequal GMPs

PENSIONS ACT 2004 RESTRICTIONS ON LUMP SUM DEATH BENEFITS

Abolition of the transfer lump sum death benefit closing down a mechanism whereby ASP could be used for inter-generational capital transfers.

Budget 2014: radical changes to pensions (and not just DC)

Transfer values Government consults on draft regulations

The Commission reiterated its belief in the need for an integrated package of reforms covering four key areas:

Pensions Bulletin. 24th July 2008 Issue No: 31. Pensions Regulator issues record-keeping consultation

Accounting for pensions New interpretation on balance sheets limits published

PENSION SCHEMES BILL

Actuarial profession issues warning on commutation factors

IMG case reveals elephant traps when closing to future accrual?

BCE3 (the benefit crystallisation associated with proportionately large pension increases);

Pension Protection Fund announces 2009/10 levy proposals

CONTENTS. Introduction: BREXIT: THE IMPLICATIONS FOR UK PENSIONS 1

A new age for accessing DC retirement savings moves a step closer

C4.09 PENSION TRANSFERS

Pensions Bulletin 2014/44. Government moves to next stage in implementing better workplace pensions. Page 1 of October 2014

Restricting pensions tax relief Government policy decisions on the reduced annual and lifetime allowances. slaughter and may.

High Court forces resolution of the GMP inequality issue At a glance

Pensions Regulator Financial Support Directions Reasons published

AF7 Pension Transfers 2018/19 Part 1 DB schemes and Flexible Benefits

Association of Anaesthetists of Great Britain and Ireland

LGPC Bulletin 90 February 2012

Transfer values Government lays regulations for new trustee-driven regime

2012 No. INCOME TAX. The Overseas Pension Schemes (Miscellaneous Amendments) Regulations 2012

Your Pension Arrangements

Pensions update for universities

Inside Pensions Regulatory Update. integrity clarity simplicity. Prepared by Inside Pensions Date: October to December 2013

PENSION SCHEMES BILL EXPLANATORY NOTES

PPI response to the Work and Pensions Committee s inquiry: Understanding the new State Pension

Pensions and Employment: Pensions Bulletin

Report on actuarial valuation as at 31 December Church Workers Pension Fund

LGPC Bulletin 116S June 2014

End of the waiting game

READERS: PLEASE ALSO NOTE LATER UPDATE SHEET 16 February 2016 ON ACA WEBSITE

Your Guide. to the Plumbing Industry Pension Scheme

Introduction. Types of income

Change of Pastorate. Baptist Pension Scheme BBS Consultants & Actuaries Ltd Canard Court St George's Road Bristol BS1 5UU

Winding up Entitlement extends to those who can control steps to payment

Priority on wind-up Appeal Court rules on Barber windows

REPORT TO THE TRUSTEES OF THE INDUSTRIAL BANK OF JAPAN PENSION SCHEME

Summer Budget 2015 the changes to the Lifetime and Annual Allowance, some of them immediate

Is there any way that I can bring the increase in the maximum forward so that my client can benefit from it immediately?

C3.01: INDIVIDUAL PENSIONS ELIGIBILITY, LIMITS AND TAX RELIEF

LGPC Bulletin 145 May 2016

Solvency protection for private pension systems background note on United Kingdom perspective

Non-resident chargeable gains on UK property collective investment vehicles

Legislative Update. August Legislation ( Finance Act Pensions Act 2014

KEY FEATURES of the Premier Trust Single Investment SIPP (The Premier Trust SI SIPP)

Glossary t h e p u r p l e b o o k

Professional Footballers. Pension Scheme Section. A Guide for Players

Corporate interest restriction (clause 20 and schedule 5)

Essential pensions news

Workplace Lawyers Delivering Workplace Solutions. Budget 2016 PENSION TAX CHANGES

A5.01: CURRENT TOPICS - PENSIONS

PMI Level 4 Diploma in Pensions Administration Qualification Specification

Consolidation integrity measures: a second look at proposed law

A GUIDE TO PENSIONS JARGON

LGPC Bulletin 86 October 2011

HERMES GROUP PENSION SCHEME

A-Z of pensions and actuarial terminology

Actuarial valuation as at 31 December 2015

Pensions Legal Update

Dyfed Pension Fund. Collaboration and Pooling. Director of Corporate Services / Issue 17 / 2016

BC SIPP GLOBAL RETIREMENT SOLUTIONS, INNOVATIVE THINKING MEMBER GUIDE

The Independent Schools Pension Scheme A Guide for Members. CARE and Final Salary Benefit Structures

Charity Incorporation

Government simplifies state pensions at a price

FAS and the Pension Protection Fund

Pensions monthly update keeping you on track

BIRMINGHAM MIDSHIRES PENSION SCHEME

BT PENSION SCHEME SECTION C. Explanatory booklet for Members who joined Section C of the BT Pension Scheme between 1 April 1986 and 31 March 2001

AUTOMATIC ENROLMENT GUIDE Local Government Pensions Committee (LGPC) Introduction 5. Disclaimer 10. Copyright 11. Background 11

MANAGING THE SCHEME INVESTING THE SCHEME FUNDS REPORTING TO HM REVENUE & CUSTOMS REPORTING TO THE PENSIONS REGULATOR CONTRIBUTING TO THE SCHEME

A message from the Trustees

Additional information for carrying out a Section 143 valuation. Version 4

GLOBAL AEROSPACE UNDERWRITING MANAGERS PENSION SCHEME. Defined Benefit Section

CONTENTS CAPITAL GAINS TAX SIMPLIFICATION CAPITAL GAINS TAX SIMPLIFICATION. Introduction DOMICILE AND RESIDENCE

Rule change consultation

Key Points. Main sources. Overview

Freedom and Choice in Pensions - Decisions

C & J Clark Pension Fund. Plan 35 Explanatory Leaflet

current i s s u e s i n pensions

LGPC Bulletin 64 November 2009

Foster Wheeler Appeal Court gives guidance on sub-optimal Barber solutions

Direct taxes: rates and allowances 2009/10

Pensions regulation and reform. A trustee s guide

Introduction. General rules. Lifetime allowance. Transitional protection

EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY REVALUATION OF EARNINGS FACTORS ORDER No. 287

Your Guide to Understanding the Old Mutual Wealth Pension Transfer

In Sight Quarterly Pension Publication February 2010/Issue 9

FREQUENTLY ASKED QUESTIONS ILL HEALTH RETIREMENT 2014 SCHEME EDITION 2 June 2015 revised

THE XYZ Pension and Life Assurance Scheme. Members Booklet April 2018 Edition. For Employees of the XYZ Company

LGPC Bulletin 119S October 2014

Pensions News. Topical Digest of Occupational Pension Issues No. 113

Transcription:

4th March 2010 Issue No: 9 Pensions Bulletin Restricting pensions tax relief for high income individuals Consultation has now closed on the Government s proposals on implementing its controversial plans to restrict pensions tax relief to the basic rate for high income individuals. Unsurprisingly it has brought forward a storm of protest. Lane Clark & Peacock (LCP) says in its response that, for those affected, the Government s plans will damage the fundamental principle behind saving for a pension by diluting, or removing entirely, any incentive to lock away pension savings for a long period to retirement. This is echoed, by amongst others, the respected Institute of Fiscal Studies that slams the proposals as complex, unfair, inefficient and (for some) avoidable. LCP s response was informed by feedback received from clients since the plans were announced in the Pre-Budget Report (see Pensions Bulletin 2009/50). LCP believes that the plans may be self-defeating as high earners access alternative tax-efficient long-term savings vehicles, and urges the Government not to proceed with the proposals set out in the consultation paper. The Association of Consulting Actuaries (ACA) has submitted a detailed response to the Government s plans with a view to making a flawed policy less bad. Comment Rarely has the pensions industry been so strongly opposed to Government proposals, with many parts of the industry suggesting an alternative approach based on a radically reduced Annual Allowance. The issue at hand is not about whether high-earners receive excessive tax relief on pension contributions but the unintended consequences which will result from the Government's proposals, as well as the heavy costs to be borne by employers, pension schemes and individuals in complying with these proposals were they to come in as planned. It should also be remembered in all of this that pensions are taxed in payment: the phrase tax relief applied to pension contributions is a misnomer, tax deferral is more accurate. As LCP s response points out, the proposals mean that income tax will be paid when pensions are paid, as before, but the proposals introduce the taxation of pension savings during the years before retirement. Anti-forestalling Further legislation There have been three developments in the area of anti-forestalling. The long-awaited pipeline and change of provider regulations have been finalised. Following the Pre-Budget Report last December, draft legislation changing the relevant income threshold from 150,000 to 130,000 has been published. And finally, the Order that gives effect to the Pre-Budget Report announcement that for high income individuals subject to the anti-forestalling provisions, the special annual allowance charge for pensions savings taxed in 2010/11 will be levied at the appropriate rate has been laid before Parliament. The Special Annual Allowance Charge (Protected Pension Input Amounts) Order (SI 2010/429) extends protection against the Special Annual Allowance charge in three circumstances: www.lcp.uk.com

Where there is a change in pension provider on or after 22nd April 2009: subject to certain conditions, the regulations preserve protection the individual would have had but for the change and as well as for example a simple change of money purchase vehicle, the regulations cover the very important area of individuals moving pension schemes because their employer restructures the business; Where payments are made by the employer for an individual to which the employer was contractually committed on or before 22nd April 2009 but had not actually been paid or commenced by 22nd April 2009 (this applies both to single contributions and new regular contributions); and Where lump sum payments were made on 22nd April 2009 (extending, by one day, the protection for contributions paid between 6th April 2009 to 21st April 2009 that are of the type that are paid less frequently than quarterly and made in relation to money purchase arrangements (excluding cash balance arrangements)). Please also see the explanatory memorandum and a brief guidance note published by HM Revenue and Customs (HMRC). Draft legislative clauses have been published which are intended to reduce the relevant income threshold for anti-forestalling from 150,000 to 130,000 (see Pensions Bulletin 2009/50) and include a protection for those newly caught, in respect of contributions made or started up before 9th December 2009 when the change was announced. The Special Annual Allowance Charge (Variation of Rate) Order 2010 (SI 2010/572) sets the rate of the special annual allowance (SAA) charge for 2010/11: see also the explanatory memorandum and Pensions Bulletin 2010/02. Comment The regulations extending protection are welcome but we advise clients to seek expert advice concerning their interpretation before relying on these complex provisions. NEST Administration contract awarded The Personal Accounts Delivery Authority (PADA) has announced that it has completed its procurement for the scheme administration services for the National Employment Savings Trust (NEST). The contract has been awarded to Tata Consultancy Services Limited (TCS) and PADA plans to sign the contract with TCS later this month. The 10-year contract has two stages. The first stage runs to October 2010, and enables TCS to begin the activity required to set up and administer NEST. A further decision will be made by October on whether to proceed with the second stage of the contract for the remainder of the term. The contract also includes possible extensions for up to a further five years. Moral Hazard Bulk transfers that trigger a contribution notice Draft regulations have been laid before Parliament, following consultation during the autumn (see Pensions Bulletin 2009/43), that set out how the Pensions Regulator is to calculate the sum specified in a contribution Page 2

notice issued to a defined benefit scheme, where a transfer of the accrued pension rights of two or more members to a defined contribution pension scheme triggers the requirement for one (see also the explanatory memorandum). There have been no material changes made as a result of the consultation although the Department for Work and Pensions has also published a summary of the issues raised during the consultation and how these have been reflected in the draft regulations above. Pension Protection Fund Schemes with a partial Crown guarantee Following the laying of Regulations that remove the partial exemption from Pension Protection Fund (PPF) levies where the scheme s Crown guarantee constitutes incompatible state aid (see Pensions Bulletin 2010/06), some further draft regulations have been laid before Parliament. The draft Occupational Pension Schemes (Levies) (Amendment) Regulations 2010 ensure that following the treatment of the scheme for PPF levy purposes as two separate eligible schemes, both parts must pay the full PPF administration levy. The Regulations also ensure that where a scheme becomes an eligible scheme part way through a financial year and the incompatible State aid condition is met, it must pay the PPF administration levy for the whole of that financial year and not just for the part during which it was eligible (see also the explanatory memorandum). Finance Act 2004 Scheme re-organisations An Order has been laid before Parliament that extends the scope of transitional protection where there are transfers following a scheme reorganisation or on the winding up of schemes. The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) (Amendment) Order 2010 (SI 2010/529), which has effect retrospectively from 6th April 2006 (A-day) extends, for those transfers following scheme reorganisations between 10th December 2003 and A-day, the protection of early pension age entitlements to those transferring: whose rights were not wholly transferred in a single transaction because of the contracting-out legislation; or where the employee was a former employee of a former sponsoring employer of the transferring scheme. The Order also prevents the loss of transitional protections if an annuity contract is assigned to a member during wind up (with such contracts becoming registered pension schemes at the point they are assigned to the member, where certain conditions are met). Finally, the Order also introduces a new easement to permit Stand-alone Lump Sum rights to be retained following a transfer from a scheme being wound up. The requirements vary depending on whether the scheme started to wind up before or after A-day and when the member joined the scheme (see also the explanatory memorandum). Page 3

Comment This Order makes amendments to already complex legislation. Readers are advised to seek expert advice in interpreting them. Finance Act 2004 Provision of information by registered pension schemes Regulations have been made that make two amendments to the Provision of Information Regulations from 6th April 2010. The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2010 (SI 2010/581 see also the explanatory memorandum) provide for the following: A new requirement for scheme administrators to provide HM Revenue and Customs (HMRC) with certain information where, on or after 6th April 2010, there is unauthorised borrowing in the scheme. HMRC will use this to determine the scheme sanction charge. For certain annuity contracts that are assigned to members as part of a scheme winding up, not to have to inform HMRC that they are registered pension schemes being wound up. Pension Protection Fund Payments from the Fraud Compensation Fund An Order and a set of Regulations have been laid before Parliament, introducing fraud compensation transfer payments, which will assist the Pension Protection Fund (PPF) Board with managing certain schemes though their assessment period. The PPF Board is responsible for two distinct funds the Pension Protection Fund and the Fraud Compensation Fund. As they serve separate purposes they are not permitted to make payments between each other. However, this does not recognise that there can be situations where payments are due to the scheme from the Compensation Fund whilst the scheme itself is to be taken into the PPF. This will be rectified from 6th April 2010, as the PPF Board will be able to make payments from the Fraud Compensation Fund into the Pension Protection Fund where it believes that the assets of a scheme for which it has assumed responsibility were fraudulently reduced before it had issued its transfer notice. The Board will not be able to make such payments until all reasonable attempts have been made to recover the loss. These payments will allow the PPF Board to transfer schemes into the PPF without waiting for the Fraud Compensation Fund to make any payment to the scheme. The payments can also be made where the PPF Board learns of the loss of assets of a scheme after the scheme has been transferred into the PPF. The relevant provisions of the Pensions Act 2004 are turned on by the Pensions Act 2004 (Commencement No. 14) Order 2010 (SI 2010/443). The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) (Amendment) Regulations 2010 (SI 2010/483) then set out how fraud compensation transfer payments will be calculated (see also the explanatory memorandum). They cannot exceed the difference between the amount of assets lost through fraud and the recoveries made. Page 4

2010/11 low earnings threshold for State Second Pension set The Social Security Pensions (Low Earnings Threshold) Order 2010 (SI 2010/468) confirms the Low Earnings Threshold (LET) for 2010/11 as 14,100 (see also the explanatory memorandum). The LET forms the earnings boundary between the 40% and 10% accrual segments of the State Second Pension (S2P). Consequently, the upper threshold (which used to be the boundary between the 10% and 20% accrual segments of S2P) should be 32,200. Revaluation of earnings factors Section 148 orders The rates of revaluation for the 2010/11 tax year for SERPS/S2P benefits accrued in each of the tax years 1978/79 to 2009/10 have been confirmed. Such revaluation also applies to GMPs accrued between 1978/79 and 1996/97, other than for early leavers where alternative forms of revaluation are permissible. The earnings factors are contained within the Social Security Revaluation of Earnings Factors Order 2010 (SI 2010/470). 2009/10 earnings are uplifted by 1.2% (see also the explanatory memorandum). This Pensions Bulletin should not be relied upon for detailed advice or taken as an authoritative statement of the law. For further help, please contact David Everett at our London office or the partner who normally advises you. Page 5