Pension Rules
Pensions offer very attractive tax benefits, especially the initial tax relief on contributions. However, there are rules restricting contributions and the size of your
pot (via taxes) as well as when and how you can get your hands on it.
How much can I contribute into my pension?
While you can contribute as much as you want each tax year, you'll only get tax relief on the greater of £3,600 and your annual earnings, subject to an annual
allowance (shown below). Earnings must be taxable in the UK and exclude investment income and gains, but normally include taxable benefits for employees. For the
self-employed earnings are usually profit after any adjustments.
| Annual Earnings Allowance for Pension Tax Relief |
| Tax Year |
Annual Allowance |
| 2011/12 |
£50,000* |
| * includes any employer contributions. |
Contributions that exceed the annual allowance will be taxed at 40%, except in the year you take your pension benefits.
If you have a final salary pension your contribution is deemed to be the increase in your annual pension benefits multiplied by 16.
When can I take my pension?
If you have a pension then the earliest you can take it is age 55.
Is there a limit on the size of my pension pot(s)?
Yes, in so far as you'll effectively be taxed at 55% on any of your pension that exceeds a 'lifetime allowance' when you either buy
an annuity, draw an income or die.
| Pension Funds Lifetime Allowance |
| Tax Year |
Lifetime Allowance |
| 2011/12 |
£1.80m* |
| * due to fall to £1.5 million from 6 April 2012. |
Because final salary pensions don't have an actual fund value, it's assumed to be your annual pension multiplied by 20 for the purposes of the lifetime allowance.
The tax on any excess above the allowance is calculated by deducting a 25% 'recovery charge' and higher rate tax of 40%.
Mr Bigshot has a pension fund valued £100,000 above the lifetime allowance. The £100,000 suffers a 25% recovery charge leaving £75,000, falling to
£45,000 after higher rate tax has been deducted.
How can I take my pension?
When you take your pension benefits there are two components: a tax-free lump sum and a taxable income.
Tax-Free CashAnnuitiesIncome DrawdownSmall Pension Funds
When you take your pension benefits you can withdraw up to 25% of your pension fund as a tax-free lump sum.
If you have a final salary pension your fund doesn't have an explicit value, so a formula is used instead. To use the formula you need to know your pension schemes
'commutation rate', the amount of tax-free cash you'll receive for each £1 of pension that you give up. You can then calculate your entitlement as follows:
Maximum tax-free lump sum = 20 x Your Annual Pension / (3 + 20 / Commutation Rate).
You don't have to take any tax-free cash, but it's normally a good idea as the money will otherwise used to produce taxable income.
Once you've taken the tax-free cash you can either buy an annuity or leave your pension invested and draw an income.
This means using your pension fund to buy an income for life. The amount of income you receive will primarily depend on your age, prevailing annuity rates and the options
you select for your income, e.g. whether it's linked to inflation or whether your spouse continues to receive some income when you die.
To find out more about annuities read the Candid Money guide to annuities.
This means leaving your pension fund invested and drawing an annual income within set limits. The limits are set by HMRC and depend on your sex and age.
To find out more about income drawdown read the Candid Money guide to annuities.
If you're between 60 - 75, and the value of all of your pension funds does not exceed 1% of the lifetime allowance, i.e. £15,000 for
the current tax year, you can take all of your penion fund(s) as a single lump sum. 25% of this is tax-free and the balance is taxed as income.
This depends on whether you've already taken pension benefits (i.e. tax-free cash and/or an income):
No benefits takenAnnuity purchasedIncome drawdown
Your pension fund can be:
- Taken as a tax-free lump sum (any excess above the lifetime allowance taxable at 55%).
- Used to provide a taxable income for dependants (in which case the lifetime allowance does not apply).
A combination of the above is allowed.
- If you purchased an annuity with a guaranteed period the income will continue until the end of that period. The insurer may allow the remaining income to be taken
as a lump sum, less tax a 55%.
- If you purchased a dependant's pension (or your final salary scheme pays one) it will kick in.
Your pension fund can be:
- Taken as a lump sum less 55% tax.
- Used to provide a taxable income for dependants.
Who is a dependant?
Someone is viewed as being your financial dependant if they're:
- Your spouse or civil partner.
- Your child and under 23 (or still dependant due to physical or mental impairment).
- Someone else who the pension scheme administrator believes was financially dependant on you at the the time of your death.
Pension Jargon
Here's some of the more common pension jargon you might come across:
| 'A' Day | 6 April 2006, the day the government pension simplification rules came into effect. |
| Annual Earnings Allowance | The amount that you contribute into a pension each tax year and enjoy tax relief (capped at your annual earnings if lower). |
| Income Drawdown | Leaving your pension fund invested when you retire and drawing an annual income within set limits. |
| Lifetime Allowance | The amount your pension fund is allowed to be worth when you retire or die without having to pay a penalty tax. |
| Small Pension Funds | Pension funds that do not exceed 1% of the lfetime allowance at retirement, allowing you to take the whole amount as a tax-free cash sum. |
| Tax-Free Cash | The sum of cash you can take from your pension fund, tax-free, when you retire. Currently 25%. |