Legislation – Finance Act 2021

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SCHEDULES

SCHEDULE 5Pension schemes: collective money purchase benefits

PART 1Amendments of Part 4 of FA 2004

22 (1)

Schedule 32 (benefit crystallisation events – supplementary) is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Omit paragraph 5 (benefit crystallisation events 1 and 5: hybrid arrangements) together with the italic cross heading preceding it.

(4)

Paragraph 10 (benefit crystallisation event 3: excepted circumstances) is amended in accordance with sub-paragraphs (5) to (7).

(5)

Before sub-paragraph (1) insert—

“A1

For the purposes of benefit crystallisation event 3 “excepted circumstances” exist if condition A or B is met.”

(6)

In sub-paragraph (1)—

(a)

for the opening words substitute “
Condition A is that—
”;

(b)

before paragraph (a) insert—

“(za)

the entitlement to payment of a scheme pension at an increased annual rate is under an arrangement that is not a collective money purchase arrangement,”;

(c)

in paragraph (a) omit “that”;

(d)

in paragraph (b) omit “that” the first time it occurs.

(7)

After sub-paragraph (4) insert—

“(5)

Condition B is that—

(a)

the entitlement to payment of a scheme pension at an increased annual rate is under an arrangement that is a collective money purchase arrangement, and

(b)

at the time when the annual rate of the individual’s pension is increased, all the scheme pensions being paid under collective money purchase arrangements are increased at the same rate.”

(8)

After paragraph 14 insert—

“Benefit crystallisation events 5 and 5B: hybrid arrangements

14ZA

(1)

This paragraph applies where, immediately before the individual reaches the age of 75 (“the relevant time”), there is under any of the relevant pension schemes a hybrid arrangement relating to the individual.

(2)

If defined benefits or collective money purchase benefits are a relevant variety of benefits, benefit crystallisation event 5 applies in relation to that variety of benefits as if, at the relevant time, circumstances were such that benefits of that variety were to be provided under the arrangement.

(3)

If cash balance benefits, or money purchase benefits that are neither cash balance benefits nor collective money purchase benefits, are a relevant variety of benefits, benefit crystallisation event 5B applies in relation to that variety of benefits as if, at the relevant time, circumstances were such that benefits of that variety were to be provided under the arrangement.

(4)

The amount crystallised on the individual reaching the age of 75 is the greater or (as the case may be) greatest of the amounts crystallised by the benefit crystallisation event or events applying by virtue of sub-paragraphs (2) and (3).

(5)

For the purposes of this paragraph a variety of benefits is “relevant” in relation to a hybrid arrangement if, in any circumstances, benefits of that variety may be provided under the arrangement.

(6)

In this paragraph “variety of benefits” means a variety of benefits specified in section 152(10).”

(9)

After paragraph 14ZA insert—

“Benefit crystallisation event 5A: “amounts crystallised by benefit crystallisation event 1”

14ZB

In determining, for the purposes of benefit crystallisation event 5A, an amount crystallised by benefit crystallisation event 1 in relation to the arrangement and the individual, any reduction made for the purposes of that crystallisation event under paragraph 2B (prevention of overlap) is to be disregarded.”