Pensions reform

Pensions reform

Mon 31 Mar 2014

Before the Budget we all thought we knew broadly where we were on pensions and ISAs. On pensions the new rules on lifetime limits were on everyone’s mind with the April 2014 reduction of the limit from £1.5 to £1.25m, and the need to consider fixed protection against the reduction.  The expectation was that the limit would not rise with inflation thereby catching more and more pension pots as the real value of the limit reduced.

Major changes to defined contribution pensions from April 2015

The proposed changes to defined contribution pensions are genuinely radical.  Whilst the detail will be subject to consultation, from next year savers will be entitled to access their pension pot in full. The tax free lump sum of 25% of the available fund will remain, with the rest being able to be taken with complete flexibility subject only to marginal income tax rates (presumably within the lifetime allowance – the policy document is silent on this).  Annuities will no longer be compulsory and so the demand for them will diminish considerably, as will the need for the controlled framework of drawdown, though drawdown products will remain.

Interim changes from 27 March changes create a window of opportunity for pre-year-end planning

There are some immediate changes from 27 March 2014 relaxing the requirements for drawdown and increasing the small commutation tax free lump sum limits.

Capped drawdown limit

This is increased from 120% to 150% of equivalent annuity that could be purchased with the pension pot available.

Minimum income requirement for flexible drawdown

This annual income ‘means test’ is currently designed to prevent pensioners spending their entire pension pots on Lamborghinis and then falling back on the state for support.  The amount of annual income an individual will need to demonstrate they have in retirement before they can enter flexible drawdown is reduced from £20,000 per annum to £12,000 per year. Clearly this will be completely removed with the April 2015 reforms.

Small pension pots withdrawn in full

This facility to cash in pension pots that are small is extended from pension funds worth a maximum of £2,000 to a £10,000 limit and the current maximum of two such small pots is now three.

Planning requires care

Clients should not rush automatically to take immediate “advantage” of the changes. There are more, greater changes in the offing.

Radical change from 6 April 2015

From 6 April 2015 the proposal is that there should be no drawdown limit. All pension drawings would instead be taxed at the individual’s marginal income tax rates. One might suppose that this will be subject to the lifetime allowance (LTA) with pension drawings exceeding the LTA taxed penally. The policy document is silent on the lifetime allowance. 

The lifetime allowance

What is not quite clear at the moment is how these provisions interact with the (LTA) which was changed only last year.  The likelihood is that the LTA will remain. Individuals currently affected by the reduction in the lifetime allowance need to consider elections for fixed protection 2014 and/or individual protection 2014.  The deadline for fixed protection 2014 is 5 April 2014 and is 5 April 2017 for Individual Protection 2014. One word of caution for anyone opting for fixed protection is that they need to be vigilant against breaking its conditions.  For example, by being auto-enrolled into a workplace pension scheme as any further contributions breach fixed protection.  In such a case it will be necessary to opt out of the auto-enrolment before any contributions are made.

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