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Statutory Instrument 2001 No. 119The Personal Pension Schemes (Transfer Payments) Regulations 2001(The document as of February, 2008. Arhiv.Online Library) STATUTORY INSTRUMENTS2001 No. 119INCOME TAXThe Personal Pension Schemes (Transfer Payments) Regulations 2001
The Commissioners of Inland Revenue, in exercise of the powers conferred on them by section 638(2) and (7A) of the Income and Corporation Taxes Act 1988[1], hereby make the following Regulations: Citation, commencement and effect 1. - (1) These Regulations may be cited as the Personal Pension Schemes (Transfer Payments) Regulations 2001 and shall come into force for the purposes of -
(b) regulation 3 so far as it relates to regulation 13, on 14th February 2001, and for all other purposes on 6th April 2001.
(b) in relation to a personal pension scheme means the person referred to in section 638(1) of the Taxes Act;
(b) under the Personal Pension Schemes (Transfer Payments) Regulations 1988[4], or (c) under the rules of a scheme or fund making a transfer payment to a personal pension scheme;
(b) a person who is an ex-spouse of a member of the scheme and whose rights under the scheme derive from a pension sharing order or provision;
Requirements under section 638(2) of the Taxes Act Basic obligations 4. - (1) Subject to paragraph (2) and regulation 8, where the administrator of a personal pension scheme is requested so to do in writing by an individual who is a member of the scheme, he shall make a transfer payment from the scheme to -
(b) an approved retirement benefits scheme of which the individual is an existing scheme member (otherwise than in relation to the transfer payment); or (c) a relevant statutory scheme of which the individual is an existing scheme member (otherwise than in relation to the transfer payment); but not to any other approved retirement benefits scheme or relevant statutory scheme.
(b) has been, or will be, used to pay a personal pension protected rights premium, the amount of the funds which represents those rights or has been, or will be, so used may be excluded from the transfer payment.
(b) the administrator of the paying scheme holds a certificate which was given in relation to the original payment or any other event showing either -
(ii) that no amount is payable out of that payment by way of lump sum to that individual on his pension date. Transfer payments from a personal pension scheme to certain schemes mentioned in Chapter I - additional obligation to hand over a "nil" lump sum certificate where any of the payments originated from such schemes
(b) the administrator of the paying scheme holds a certificate which was given in relation to the original payment or any other event showing that no amount may be paid out of that payment by way of lump sum to the individual in respect of whom the transfer payment will be made. Basic obligation 7.Subject to regulations 4 and 8, a personal pension scheme may accept a transfer payment from -
(b) an approved retirement benefits scheme; (c) a relevant statutory scheme; (d) a retirement annuity contract or trust scheme; or (e) a fund to which section 608 of the Taxes Act applies; but shall not accept a transfer payment from any other source without the prior written approval of the Board.
(b) a relevant statutory scheme, ("the paying scheme") in the circumstances described in paragraph (2) unless the administrator of the personal pension scheme has obtained the certificate referred to in paragraph (3) from the administrator of the paying scheme.
(b)
(ii) the individual's age at the proposed transfer date will be not less than 45 years. (3) The certificate referred to in this paragraph is a certificate, signed by the administrator of the paying scheme, which shows that the proposed transfer payment does not exceed the maximum amount which may be transferred from an approved retirement benefits scheme or relevant statutory scheme to a personal pension scheme calculated in accordance with Appendix XI of "Occupational Pension Schemes Practice Notes (IR 12)" published by the Board on 22nd January 2001. Basic obligations 9.Subject to regulations 10 to 14, any transfer payment accepted by a personal pension scheme in accordance with these Regulations shall only be used for providing benefits listed in section 633(1) of the Taxes Act[15] or for making a further transfer payment subject to the provisions of these Regulations. Application of transfer payments to a personal pension scheme from or originating from certain schemes mentioned in Chapter I for the provision of "death benefits" 10. - (1) Where a personal pension scheme has in the circumstances described in regulation 8(2) (omitting the word "proposed" wherever it occurs) accepted a transfer payment from -
(b) a relevant statutory scheme, or (c) another personal pension scheme in circumstances where the transfer payment, or part of it, had its origin in a transfer payment from an approved retirement benefits scheme or a relevant statutory scheme, the accumulated value arising from that transfer payment or, as the case may be, that part shall be applied after the death of the individual referred to in regulation 8(2) in accordance with paragraph (2) or (3), in the events described in paragraph (2).
(b) to secure the payment of income withdrawals by the surviving spouse or (if the arrangement so provides) the dependant with respect to which the conditions in section 636A[17] of the Taxes Act are satisfied and, as to any amount not used for that purpose, to secure the payment to the surviving spouse or (if the arrangement so provides) the dependant of such an annuity as is referred to in sub-paragraph (a), or (c) as to not more than 25 per cent. to secure the payment of a lump sum and as to the balance to secure the payment to the surviving spouse or (if the arrangement so provides) the dependant of such an annuity as is referred to in sub-paragraph (a), or of such income withdrawals and annuity as are referred to in sub-paragraph (b). (3) In the events described in the words of paragraph (2) preceding sub-paragraph (a), subject to sub-paragraphs (a) to (c) of that paragraph, the whole of the accumulated value may be applied to secure the payment of a lump sum.
(b) a relevant statutory scheme, or (c) another personal pension scheme in circumstances where the transfer payment or part of it had its origin in a transfer payment ("the original payment") from an approved retirement benefits scheme or a relevant statutory scheme, ("the paying scheme") the provisions of paragraph (2) shall apply.
(b) the amount which may be so paid by way of lump sum may not exceed the aggregate of the amount shown in any such certificate ("the basic amount") and any amount by which the basic amount may be enhanced at the date of payment. (3) For the purposes of paragraph (2) the amount by which the basic amount may be enhanced is the result of applying to the basic amount the percentage increase in the retail prices index between -
(ii) in a case falling within paragraph (1)(c), the month in which the original payment was made, and (b) the last month for which that index had been published at the date of the payment by way of lump sum. (4) The reference in paragraph (3) to the retail prices index shall be construed in accordance with section 833(2) of the Taxes Act[18] as if it were a reference in the Income Tax Acts.
(b) the administrator of the scheme holds a certificate given under any of the certificating requirements with regard to the transfer payment or any other event, showing that no amount is payable out of that payment by way of lump sum to the individual in respect of whom the transfer payment was made on his pension date, no such lump sum may be paid out of the accumulated value arising from that transfer payment.
(b) a pension sharing order or provision is subsequently made against the individual in respect of whom the payment was made, the administrator of the receiving scheme shall recalculate the amount shown on the certificate referred to in regulation 5(2) or (3)(b), according to any debit to which the individual's rights under the scheme become subject by virtue of that order or provision, and shall prepare and sign a replacement certificate in respect of the individual's rights remaining after the reduction referred to in section 29 of the 1999 Act[19] or Article 26 of the 1999 Order[20] has taken place.
(b) a pension sharing order or provision is subsequently made against the individual in respect of whom the payment was made, the administrator of the receiving scheme shall prepare and sign a certificate in respect of the pension credit to which the transferee becomes entitled, showing that no amount may be paid out of the original payment by way of lump sum to the transferee. Exceptions to section 638(7A) of the Taxes Act 14. - (1) Paragraphs (2) and (3) prescribe situations which fall within the exception in section 638(7A) of the Taxes Act[22] with regard to the making of transfer payments. (2) The first situation is where -
(b) income withdrawals are being made by the member from the paying scheme with respect to which the conditions in section 634A[23] of the Taxes Act are satisfied, and the period of deferral of the purchase of an annuity has not ended; (c) the transfer payment comprises the whole of the funds held under any arrangement which is the subject of the transfer payment; (d) where any of the funds referred to in sub-paragraph (c) was the subject of, or represents the proceeds of, an earlier transfer payment made in accordance with this paragraph ("the earlier transfer payment"), the period between the earlier transfer payment and the transfer payment referred to in sub-paragraph (a) is not less than one year; (e) the arrangements made in accordance with the receiving scheme ("the new arrangements") were set up by the member for the purpose of accepting the transfer payment, or a previous or contemporaneous transfer payment which fell or falls within this first situation, and prohibit the acceptance of -
(ii) further transfer payments which do not fall within this first situation; (f) under the new arrangements the member elects to defer the purchase of such an annuity as is mentioned in section 634 of the Taxes Act[24], and to make income withdrawals as mentioned in sub-paragraph (b), and that election takes effect simultaneously with the transfer payment; and (3) The second situation is where -
(b) the member referred to in section 634 of the Taxes Act ("the original member") has died; (c) a surviving spouse or dependant referred to in section 636 of the Taxes Act is making income withdrawals from the paying scheme with respect to which the conditions in section 636A of the Taxes Act[26] are satisfied, and the period of deferral of the purchase of an annuity has not ended; (d) the arrangements made in accordance with the receiving scheme by the surviving spouse or dependant ("the substitute member") were set up for the purpose of accepting the transfer payment, or a previous or contemporaneous transfer payment which fell or falls within this second situation, and prohibit the acceptance of -
(ii) further transfer payments which do not fall within this second situation; (e) under the arrangements referred to in sub-paragraph (d) ("the new arrangements") the substitute member elects to defer the purchase of an annuity and to make income withdrawals with respect to which the conditions in section 634A of the Taxes Act are satisfied; Revocations and transitional provision (This note is not part of the Regulations) Section 638(2) of the Income and Corporation Taxes Act 1988 ("section 638(2)" and "the Taxes Act" respectively) provides that the Commissioners of Inland Revenue ("the Board") shall not approve a personal pension scheme unless it makes such provision for the making, acceptance and application of transfer payments as satisfies any requirements imposed by or under regulations made by the Board. These Regulations amend and consolidate those requirements. Regulation 1 provides for citation and commencement and regulation 2 contains definitions. Regulation 3 provides that the requirements referred to in section 638(2) are to make the provision set out in regulations 4 to 13. Regulations 4, 5 and 6 set out the provision for the making of transfer payments to other personal pension schemes, certain retirement benefits schemes and statutory schemes. Regulations 7 and 8 set out the provision for the acceptance by personal pension schemes of transfer payments from other personal pension schemes, retirement benefits schemes, relevant statutory schemes and retirement annuity contract or trust schemes. The publication "Occupational Pension Schemes Practice Notes (IR 12)" referred to in regulation 8(3) may be obtained from the PSO Stationery Order Line, Pension Schemes Office, Yorke House, PO Box 62, Castle Meadow Road, Nottingham NG2 1BG (tel: 0115 974 1670), or from web site: www.inlandrevenue.gov.uk (Revenue leaflets). Regulations 9 to 12 set out provision for the application of transfer payments made to personal pension schemes. Regulation 13 imposes obligations relating to the preparation of lump sum certificates where a pension sharing order or provision has been made. Regulation 14 prescribes exceptions to section 638(7A) of the Taxes Act, allowing the transfer of funds which are subject to income drawdown in the circumstances specified. Regulation 15 contains revocations and provides for the continuity of transfer payments made, and certificates given, under the revoked Regulations. The Regulatory Impact Assessment for these Regulations can be obtained from Inland Revenue (Capital and Savings), Room 134, New Wing, Somerset House, Strand, London WC2R 1LB or from web site: www.inlandrevenue.gov.uk Notes: [1] 1988 c. 1; subsection (7A) was inserted by paragraph 9 of Schedule 11 to the Finance Act 1995 (c. 4).back [2] Section 611AA was inserted by section 103 of the Finance Act 1994 (c. 9).back [3] Section 591(2A) was inserted by section 107(3) of the Finance Act 1994.back [4] S.I. 1988/1014; amended by S.I. 1989/1115 and 1997/480.back [5] Subsection (3) was amended by paragraph 6 of Schedule 17 to the Finance Act 1995.back [6] 2000 c. 7.back [7] 2000 c. 30.back [8] S.I. 1999/3147 (N.I. 11).back [9] Section 630 was renumbered as subsection (1) thereof, and the definition of "pension date" was inserted by paragraph 2 of Schedule 11 to the Finance Act 1995.back [10] 1993 c. 48.back [11] 1993 c. 49.back [12] Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26) and amended by paragraph 5 of Schedule 6 to the Finance Act 1999 (c. 16).back [13] Section 591(2)(g) was amended by Part V(12) of Schedule 26 to the Finance Act 1994 (c. 9).back [14] Section 640A was inserted by paragraph 4 of Schedule 7 to the Finance Act 1989 (c. 26).back [15] Section 633(1) was amended by paragraph 3 of Schedule 11 to the Finance Act 1995 (c. 4) and section 172 of the Finance Act 1996 (c. 8).back [16] Section 636 was amended by paragraph 6 of Schedule 11 to the Finance Act 1995 and paragraph 13 of Schedule 10 to the Finance Act 1999 (c. 16).back [17] Section 636A was inserted by paragraph 7 of Schedule 11 to the Finance Act 1995.back [18] Section 833(2) was amended by S.I. 1996/273.back [19] 1999 c. 30.back [20] S.I. 1999/3147 (N.I. 11).back [21] S.I. 1988/1014; regulation 4 was amended by S.I. 1989/1115.back [22] Section 638(7A) was inserted by paragraph 9 of Schedule 11 to the Finance Act 1995.back [23] Section 634A was inserted by paragraph 4 of Schedule 11 to the Finance Act 1995.back [24] Section 634 was amended by paragraph 12 of Schedule 10 to the Finance Act 1999 (c. 16).back [25] Section 633(1) was amended by paragraph 3 of Schedule 11 to the Finance Act 1995 and section 172 of the Finance Act 1996 (c. 8).back [26] Section 636A was inserted by paragraph 7 of Schedule 11 to the Finance Act 1995, and amended by paragraph 14 of Schedule 10 to the Finance Act 1999 and paragraph 12 of Schedule 13 to the Finance Act 2000 (c. 17).back [27] S.I. 1988/1014.back [28] S.I. 1989/1115.back [29] S.I. 1997/480.back ISBN 0 11 019220 6 -- Back--
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