This extended glossary is intended to meet the
often expressed view that pensions are foreign territory to family
lawyers. It includes the
technical terms generally used in relation to pensions and life
assurance referred to in this book.
It also provide an explanation of other expressions commonly
found in pension scheme documentation.
Expressions shown in italics in the central column are
themselves defined in the glossary.
References are to the main references only within the text.
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Term
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Meaning
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Reference
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Accrual rate
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The fraction of earnings for each year of
service which forms the basis of entitlement under a final
salary scheme, commonly 1/60 or 1/80
for each year of pensionable service.
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Accrued benefits
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The benefits of service up to a given point
in time. They may be calculated in relation to the current
earnings or projected earnings and will include any transfer
credits allowed under the scheme.
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Actuarial assumptions
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The set of assumptions as to rates of
return, inflation, increase in earnings and mortality used by
the actuary in an actuarial valuation or in other actuarial
calculations. Sometimes called actuarial basis.
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Actuary
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An advisor on financial questions involving
probability relating to mortality and other contingencies.
In the
UK
this term automatically includes those who are Fellows of the
Institute
of
Actuaries
and of the Faculty of Actuaries.
Those with other actuarial qualifications may be approved
by the Secretary of State for a specific purpose.
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Additional pension
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The earnings related element of the state
pension which is in addition to the basic pension comprising SERPS
and S2P.
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Additional voluntary contributions (AVCs)
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Contributions over and above a member's
normal contributions which a pension scheme member chooses to
pay into the scheme in order to secure additional benefits which
may be through adding years or through money purchase. These can
be within the scheme or through a freestanding scheme (Free
Standing AVCs).
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Administrator
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The person or persons regarded by the
Inland Revenue and the Contributions Agency as
appropriate as being responsible for the management of a pension
scheme. The term is
sometimes used also t refer to the person who manages the day to
day administration of the scheme.
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Allocation
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The ability for a pension scheme member to
give up (or allocate) a part of his pension in exchange for a
pension payable to his spouse or other dependants.
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Alternatively secured pension (ASP)
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A variation on unsecured pension formulated
originally to accommodate religious objections to risk pooling.
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Annual allowance (AA)
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The maximum amount of tax relievable
pensions that can be built up in any one tax year.
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Annuity
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A specified sum, whether immediate or
deferred, which may be subject to increases, payable at stated
intervals for a number of years and/or until a particular event
occurs (most commonly the death of the annuitant).
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Attachment orders
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A court order commonly known as a pension
attachment order ordering a third party to pay to the
beneficiary of the order rather than the creditor.
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Average earnings scheme
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A scheme where the benefit for each year of
membership is related to the pensionable earnings for
that year.
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Basic state pension
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The flat rate state pension paid to
individuals who have met the minimum national insurance
contribution requirements. A
widow, widower or in some cases a married woman may also claim a
basic state pension on the contribution record of their spouse.
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Beneficiary
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A person entitled to benefit under a
pension scheme or who will become entitled on the happening of a
specified event.
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Benefit crystallisation
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The term for either drawing benefits in the
form of pension, ASP [define] , lump sum or
transfer to an overseas scheme.
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BR19
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Form to be submitted to the Benefits Agency
to obtain a forecast of the expected basic state pension and
additional pension based upon contributions made to date and
likely future contributions.
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BR20
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Form to be submitted to the Benefits Agency
to obtain a lump sum valuation of SERPS/S2P.
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Bridging pension
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An additional pension sometimes paid from a
pension scheme between the scheme member's retirement from
employment and his state pensionable age.
Once the state pension comes into payment, the bridging
pension will cease.
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Buy-out plans
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The purchase by pension scheme trustees of
an insurance policy (with or without dependant's rights) to
replace the benefits to which a member is entitled under the
pension scheme and which are given up by the member when he
leaves the scheme.
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Cash equivalent transfer value (CETV)
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The sum which represents the value of the
benefits which have accrued to, or in respect of, a member of a
pension scheme, calculated in accordance with Part IV of Pension
Schemes Act 1993 on the basis of a transfer out of the scheme.
If the member is in active service, it assumes he/she
will leave service immediately.
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Charges
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These will exist on personal pension
policies and money purchase funds. Typically they will consist
of an annual management charge, which is a percentage of the
fund deducted, and a policy fee, which is a flat fee applied to
every policy/fund, usually monthly. This policy fee will usually
increase each year.
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Commutation
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The exchange of all or part of pension
benefits for a tax-free single lump sum payment.
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Contracted-in pension scheme
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A defined salary or defined
contribution pension scheme which provides benefits in
addition to those provided in SERPS/S2P.
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Contracted-out rights
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Rights which emerge under a scheme which is
contracted out of the SERPS/S2P pension scheme (safeguarded
rights).
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Contracting out
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The ability to contract out of the State Earnings-Related Pension Scheme (SERPS)/State Second Pension
(S2P), which forms
part of the state pension. If an occupational pension scheme is
contracted out, the scheme must provide members with a guaranteed
minimum pension.
Contributions to the state scheme in respect of employees
who have contracted out are reduced (contracted-out
rebate)
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Death benefit
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Benefit payable to the spouse or dependants
of a deceased scheme member, or to that member's estate, on
death-in-service or after retirement.
It may take the form of a lump sum, a return of
contributions or a survivor or dependant's pension.
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Death-in-service benefit
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Benefit available on the death of an
employee before retirement. Typically, a lump sum payment or
return of contributions.
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Deferred member
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A person entitled to preserved benefits
having left a pension scheme.
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Deferred
pensioner
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A person entitled to preserved benefits.
Deferred pensioners are sometimes referred to as deferred
members.
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Defined benefit scheme
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An alternative term for a final salary
scheme.
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Defined contribution scheme
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An alternative term for a money purchase
scheme.
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Dependant
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A person who is dependant on a pension
scheme member or pensioner or was at the time of the member or
pensioner's death or retirement.
A spouse qualifies automatically as a dependant for the
purposes of the Inland Revenue.
A former spouse may not.
A child of the member is always regarded as a dependant
until the child reaches the age of 18 or ceases to receive
full-time education or vocational training.
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Discount rate
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The interest rate which is assumed to apply
over the period to retirement.
It is used to give a present value to future payments. It
can be applied with mortality rates to give a discount factor.
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Early leaver
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A person who ceases to be a member of a
pension scheme, other than on death, without becoming entitled
to an immediate retirement benefit. This usually happens because
the member's employment has been terminated.
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Early retirement
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Retirement of a pension scheme member
before his normal retirement date who has received
retirement benefits immediately upon retirement and is not,
therefore, a deferred member.
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Earmarking
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The original term for pension attachment.
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Escalation
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The term for how pensions increase after
the member has retired. The
escalation to pensions in payment can be different for the GMP
accrued before 6 April 1988 (pre 88 GMP), the GMP accrued
after 5 April 1988 (post 88 GMP), the remaining pension
accrued before 6 April 1997 and the remaining pension accrued
after 5 April 1997.
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Executive Pension Plan (EPP)
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Occupational pension schemes designed
for individuals or small groups of senior executives and
directors. They are
usually money purchase schemes. Contributions grow in
investment funds earmarked for each scheme member.
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Final pensionable earnings/pay/ salary
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The pensionable earnings, at or near
retirement or leaving service, on which the pension is
calculated in a final salary scheme.
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Final remuneration
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[Is this term still valid post-A Day?]
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Final salary scheme
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An occupational pension scheme (also
known as a defined benefit scheme) where the benefits are
calculated by reference to the member's pensionable earnings at
or near the time of retirement or upon leaving service.
The benefits are usually 1/60 or 1/80
of the pensionable earnings for each year of pensionable
service.
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Financial Services Authority (FSA)
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The FSA is the regulator for the financial
services industry with effect from 30 November 2001 under the
Financial Services & Markets Act 2000.
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Fixed benefit
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This is a pension scheme where the benefit
is not related to contributions or service.
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Flat rate (accrual) scheme
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This is a pension scheme where benefits are
provided for each year of service and are not related to
earnings.
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Form P
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The Pension Inquiry Form which may be
directed at a First Appointment
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Form P1
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Pension sharing annex
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Form P2
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Pension attachment annex
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Group personal pension scheme
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An arrangement made for the employees of a
particular employer to participate in a personal pension
scheme on a group basis with the effect of administrative
savings.
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Guaranteed minimum pension
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The pension (or part of pension) payable to
a member of a contracted-out scheme;
it is normally equal to that part of the state pension
which is given up by virtue of the contracting-out arrangement.
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Hancock annuity
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A type of immediate annuity purchased
by an employer when an employee retires.
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Implementation period
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For a pension credit the period of
four months beginning with the later of (a) the day on which the
relevant order takes effect, and (b) the first day on which the
person responsible for the pension arrangement to which the
relevant pension sharing order relates is in receipt of (i)
the relevant matrimonial documents, and (ii) such information
relating to the transferor and transferee as is prescribed by
regulations.
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Indexation
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An annual increase in pension benefits,
subject to the Pension Schemes Act 1993, s 109 and the Pensions
Act 1995, s 51.
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Lifetime allowance (LTA)
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The maximum amount of tax relievable
pensions that can be built up.
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Limited price indexation (LPI)
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The statutory requirement to increase
pensions once in payment by the lower of five per cent per annum
or the RPI.
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Lower earnings limit (LEL)
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The minimum amount which must be earned
before national insurance premiums become payable.
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Member
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An employee or former employee entitled to
benefit from a pension scheme. Sometimes,
the term member is used to refer only to an active member. For
some statutory purposes, the term member may include an employee
who is a prospective member.
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Money purchase scheme
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A scheme (also known as a defined
contributions scheme) where benefits are determined by the
level of contributions paid and the performance of investments,
as opposed to a scheme which provides benefits related to
earnings (final salary scheme).
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Normal pension/retirement date
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The date at which a member of a pension
scheme normally becomes entitled to receive his retirement
benefits.
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Occupational pension scheme
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A pension scheme organised by an employer
or a group of employers or on behalf of an employer or group of
employers to provide pensions and other benefits in respect of
one or more employees on leaving service or death or retirement.
Contributions must be made by employers and may be made by
employees, depending upon the terms of the scheme.
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Off-setting
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The use of a lump sum order or a property
adjustment order against non-pension assets to
"off-set" the losses sustained by the party without
pension rights.
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Paid up benefit
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This is a preserved benefit which
his irrevocably secured for an individual member under a policy
of insurance under which premiums have ceased to be payable in
respect of that member.
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Pay as you go
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A type of unfunded pension scheme
where benefits are paid out of revenue and no monies are put
aside to fund future liabilities. Often associated with public
sector pensions.
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Pension
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The term pension is commonly understood to
mean a recurring payment made at fixed intervals beginning after
the employment from which the pension is derived has come to an
end. The payments
will usually continue until the death of the recipient.
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Pension attachment order
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An attachment order against a
pension scheme member's pension payments when they fall due
previously known as earmarking.
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Pension credit
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The amount of money (expressed as a
percentage of the CETV) which the ex-spouse is awarded in
a pension sharing order.
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Pension debit
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The amount of money by which a scheme
member's rights are reduced.
A pension debit will not necessarily diminish the
member's rights by the percentage expressed in the order.
[?]
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Pension Protection Fund (PPF)
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The PPF (introduced on 6 April 2005 by the
Pensions Act 2004, Part 2) acts as a form of insurance to ensure
the payment of certain defined benefit occupational schemes and
the defined benefit elements of hybrid pension schemes
up to a certain level, if the scheme is of insufficient
funds to pay them and the employer is insolvent (where there is
no prospect of corporate rescue, or business rescue with pension
liabilities attached).
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Pension sharing
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An order whereby the court will order the
split of a pension at the time of divorce so that the wife
either becomes a member of the husband's scheme in her own right
(internal transfer) or, alternatively, takes a transfer
of a designated amount into her own pension scheme (external
transfer).
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Pension splitting
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The former term for pension sharing.
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Pensionable earnings
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The earnings on which benefits and/or
contributions are calculated.
Pensionable earnings may differ from actual
remuneration in that they may exclude various items such as
bonuses, overtime and commission.
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Pensionable service
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Employment which qualifies as years of
service, by reference to which a member's benefit entitlement
under a pension scheme is normally calculated.
It is defined in the Pension Schemes Act 1993 in relation
to preservation, revaluation and transfer
payment requirements.
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Pensions Regulator
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The Pensions Regulator is the regulatory
body for work-based pension schemes in the
UK
set up by the Pensions Act 2004 with effect from 6 April 2005
replacing the Occupational Pensions Regulatory Authority (OPRA).
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Preserved benefits
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Benefits which arise when an individual
ceases to be an active member of a pension scheme and which are
payable at a later date.
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Protected pension age
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The age at which a member has a right to
take pension earlier than age 55.
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Protected rights
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Benefits under an appropriate personal
pension scheme or money purchase contracted out scheme
deriving from the minimum contribution or payments.
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Public sector pension scheme
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An occupational pension scheme for
employees of central or local government, a nationalised
industry or other statutory body.
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Public service pension scheme
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A public sector pension scheme, the
particulars of which are defined by statute, for example, the
schemes for the armed forces and the police.
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Retail Prices Index (RPI)
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An index which tracks the prices of a set
group of retail goods. The
increase in RPI over the last year is often called the inflation
rate.
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Retained benefits
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Retirement or death benefits in
respect of an employee deriving from an earlier period of
employment or self-employment.
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Revaluation
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The indexation of benefits or the awarding
of discretionary increasing.
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Revalued earnings
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The term used to describe index linking of
earnings for calculating benefits.
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Scheme member
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In relation to a pension scheme, a person
who is or has been in pensionable service under the
scheme.
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Self-administered scheme
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A pension scheme where the assets are
invested by the trustee, an in-house manager or an external
investment manager other than wholly by payment of insurance
premiums.
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Self-invested personal pension (SIPP)
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SIPPs are increasingly attractive to higher
earners since they offer the facility of choosing investments
(including commercial property), charges by way of fees rather
than hidden overheads and the right to income
drawdown.
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Small self-administered scheme (SSAS)
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A self-administered occupational pension
scheme with a small number of members usually fewer than 12.
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Stakeholder pensions
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All employers (with 5 or more relevant
employees) must offer access to stakeholder pensions from
October 2001; they do not have to make contributions and
employees do not have to make contributions. For divorce
purposes, there is little or no difference with any other kind
of personal pension, except that they are available to accept
contributions from those without any earnings, such as carers
and housepersons.
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Standard lifetime allowance
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£1.65m for the tax year 2008/09.
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State Earnings Related Pension Scheme (SERPS)
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The State Earnings-Related Pension Scheme
forming part of the state pension now known as the State
Second Pension. The
scheme adds an earnings related component to the basic flat-rate
pension based upon contributions on earnings between the lower
and upper earnings limits.
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State pension
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Payable from national insurance
contributions made by employees and employers.
Provision is in the form of a flat-rate pension and a State
Earnings-Related Pension Scheme (SERPS)/State Second Pension
(S2P) which, taken together, aim to provide an individual
with a pension equal to one-half of his average earnings.
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State pensionable age
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The date from which pensions are normally
payable by the state scheme.
At present the age for men is their 65 birthday and for
women, their 60 birthday. The
ages are presently being equalised and will each be 65 by the
year 2020.
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State Second Pension (S2P)
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This is the state pension scheme introduced
with effect from 6 April 2002 to replace SERPS and to
supplement the basic state pension.
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Statutory scheme
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A retirement benefits scheme set up by
statute or statutory instrument for public sector employees and
approved for the purpose by a minister or government department.
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Survivor's benefit
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Pension or lump sum payments made to a
scheme member's qualifying dependant in respect of the member's
death.
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Term assurance
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A policy having only a specified duration
and providing for a lump sum to be payable if the insured dies
within the specified period. Premiums are payable throughout the
term.
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Transfer credit
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The benefits purchased by a transfer
payment.
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Transfer day
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The transfer day establishes the relevant
benefit to be valued for implementation purposes under a
pension sharing order and is the date the pension sharing order
takes effect.
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Transfer value
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The amount of a transfer payment which
pension scheme trustees will make to another pension scheme or
insurance company.
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Trivial commutation lump sum
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Lump sum paid where the total rights from
registered schemes are less than 1% of the LTA.
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Trivial pension
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A pension which is so small that its entire
value can be commuted in full.
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Uniform accrual
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The treatment of retirement benefits as
being earned equally over the period of potential pensionable
service and normal retirement date, especially for the purposes
of the preservation requirements.
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Upper earnings limit (UEL)
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The maximum amount of earnings
approximately equal to 7 times the lower earnings limit on which
national insurance contributions are payable by employees.
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Valuation day
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The valuation day is the date chosen for
actual implementation purposes on which the relevant benefits
are revalued to take account of market fluctuations since the transfer
day.
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Vested rights
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These are:
For active members, the benefits to
which they would unconditionally be entitled on leaving service;
For deferred pensioners, their
preserved benefits;
For pensioners, pensions to which they are
entitled.
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Widow's (pension) option
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An alternative term for nomination in
favour of a spouse.
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Winding-up
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The process of terminating a pension
scheme. Usually by applying the assets to the purchase of
immediate and deferred annuities for beneficiaries or by
transferring the assets and liabilities to another pension
scheme in accordance with the scheme documentation.
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With profits annuity
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An annuity bought from an insurance company
which includes rights to bonuses, their level
depending on the investment success of the company’s
underlying assets
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