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- Protected pension ages, including the increase to 57 in 2028
Protected pension ages, including the increase to 57 in 2028
A protected pension age (PPA) allows some individuals to access their pension before the Normal Minimum Pension Age (NMPA), which is 55 and will increase to 57 in April 2028. This article looks at who this can apply to and what happens when they transfer their benefits and the conditions that must be met to keep their PPA.
Key facts
- Normal minimum pension age is increasing to 57 on 6 April 2028, at the same time the State Pension age is increasing to 67.
- Government has not linked further increases to the normal minimum pension age to increases to State Pension age.
- Some people will have a protected pension age of less than 57. This doesn’t need to be registered with HMRC.
- Some pension schemes are exempt from the increase from 55 to 57.
- The minimum pension age for GMP benefits is 60 for females and 65 for males.
- Protected pension ages may be maintained on transfer (but the receiving scheme must agree to this).
- There’s no change to the age benefits can be paid on the grounds of ill-health.
- Legally there is no upper age by which an individual must take benefits. However, some products may have a maximum age that benefits must be taken by.
Protected pension age of under 55 (2010 protection)
Protected pension age of under 55 (2010 protection)
Before 6 April 2006 (A-day) some individuals had a right to take their pension benefits before the normal minimum pension age if they either had a protected pension age, or they were retiring due to ill-health.
An individual with a protected pension age of less than 50, taking their pension before they reach the normal minimum pension age, may have their lump sum and lump sum and death benefit allowance reduced. More information can be found in HMRC's Pensions Tax Manual - PTM062220 - Member benefits: pensions: protected pension age: personal pensions and RACs - right to take benefits before age 50 and PTM062210 - Member benefits: pensions: protected pension age: occupational and public service schemes - right to take benefits before age 55
Individuals with an existing 6 April 2006 protected pension age of 55 or lower when the minimum pension age increases to 57 in 2028 will not be affected by this increase.
Who might have a protected pension age of less than 55?
Who might have a protected pension age of less than 55?
- Members of an occupational pension scheme or Section 32 who, on 5 April 2006, had an ‘unqualified right’ to take their pension benefits before age 55.
- Individuals who, on 5 April 2006, were in certain jobs (usually sports people or those in dangerous occupations).
When can the protected pension age of under 55 be lost?
A protected pension age is lost if:
- The individual chooses to transfer their benefits to another pension scheme unless it’s a block (or buddy) transfer or part of a wind-up.
- The individual doesn’t become entitled to all the rights under the scheme on the same day. More information can be found in HMRC’s Pensions Tax Manual - PTM062220 Member benefits: pensions: protected pension age: personal pensions and RACs - right to take benefits before age 50.
- The individual is employed by certain persons after they have taken their benefits. More information can be found in HMRC's Pensions Tax Manual - PTM062230 Member benefits: pensions: protected pension age: loss of a protected pension age due to employment
What do we mean by ‘unqualified right’?
What do we mean by ‘unqualified right’?
It means no one else needs to agree to the individual’s request to take their pension benefits such as an employer or scheme trustee. More details can be found in HMRC's Pensions Tax Manual - PTM062210 Member benefits: pensions: protected pension age: occupational and public service schemes - right to take benefits before age 55
Protected pension age of 55 or 56 from 6 April 2028 (2028 protection)
Protected pension age of 55 or 56 from 6 April 2028 (protection 2028)
The normal minimum pension age is increasing for most people on 6 April 2028 to age 57. This change affects people born after 6 April 1971.
Some people have a protected pension age in their pension scheme, which is the right to take benefits before age 57. People don’t need to register this right with HMRC.
Who might have a protected pension age of 55 or 56?
A protected pension age applies at scheme level so an individual may have a protected pension age under one scheme, but not under another.
They will have a protected pension age under a scheme if:
- before 4 November 2021 they had the right to take benefits before they reached age 57
- that right was unqualified
- on 11 February 2021 the scheme rules included provision to pay benefits before age 57
- they were in the process of a substantive transfer to a scheme before 4 November 2021
Are there any exemptions to the increase of minimum pension age to 57?
Are there any exemptions to the increase of minimum pension age to 57?
Yes, there are. Members of uniformed service pension schemes are not affected by the increase. This includes:
- the naval, military or air forces of the Crown (including members of any reserve force)
- a police force other than the Civil Nuclear Constabulary
- firefighters
Can someone with a protected pension age of under 57 transfer their benefits?
Can someone with a protected pension age of under 57 transfer their benefits?
Individuals who have an unqualified right to take their benefits before age 57 can transfer their benefits now and maintain that right in their new plan. There are 2 ways of doing this:
- they can do it as part of a block transfer
- they can do it as part of an individual transfer
Block and wind-up transfers
Block and wind-up transfers
A block transfer, sometimes referred to as a ‘buddy transfer’ is a transfer of the pension rights relating to the individual and at least one other pension scheme member and, if certain conditions are met, allows an individual to keep their protected pensions age.
What are the before age 55 block or wind-up transfer conditions?
Block transfer
- More than one member of the scheme must transfer at the same time to the same scheme. A transfer to or from a Section 32 plan doesn't meet this condition as you can't have more than one member of a Section 32 plan. A group personal pension, personal pension, stakeholder pension or an occupational pension scheme under the same trust will usually meet this condition.
- 'Same time' doesn't mean funds have to transfer on the same day. As long as it’s obvious the transfers are meant to be part of the same transaction, that’s OK.
- The individual must not have been a member of the receiving scheme for longer than 12 months unless that scheme is a personal pension (including a stakeholder pension) that has only contracted out rights and they were a member on 6 April 2006.
Wind-up transfer
A wind-up transfer is a specific type of transfer. For a transfer to be treated as a winding-up transfer several conditions must apply:
- the individual has protected pension age, and
- the existing scheme must be winding up, and
- the receiving scheme must be a deferred annuity contract, usually a Section 32 plan
If the above conditions are met, the new pension plan will keep any protected pension age.
What are the age 55/56 block transfer conditions?
Any rights to take benefits from 55 can also be protected on transfer if it is part of a block transfer. Unfortunately, the block transfer conditions for age 55 protection are slightly different to the earlier block transfer conditions.
For those protecting a right to a minimum pension age of 55, a block transfer needs to meet the following conditions:
- More than one member of the scheme must transfer at the same time to the same scheme.
- 'Same time' doesn't mean funds have to transfer on the same day, as long as the transfers are obviously meant to be part of the same transaction.
In other words, the conditions are the same as the original block transfer conditions except:
- the individual can have been a member of the receiving scheme for any amount of time, and
- they don’t have to take all their benefits in the receiving scheme at the same time.
The requirement for them to have unqualified right under the scheme rules also remains. However, this time it had to be in the scheme rules on 11 February 2021. This is the date the consultation paper on the increase to a normal minimum pension age of 57 was first published.
If their pension savings are block transferred, this means the right to take benefits from age 55 is also transferred to the receiving scheme. This applies to both the initial transfer and any future contributions or transfers into that scheme. However, this only applies if the individual had the right to an age 55 normal minimum pension age before 4 November 2021.
Individual transfers
Individual transfers
It’s also possible to preserve an age 55 normal minimum pension age when an individual transfers on their own and not as part of a block transfer. But these benefits need to be ringfenced and the protection only applies to the benefits from that transfer. This means any benefits resulting from further transfers received or contributions paid after the transfer will not benefit from the protected pension age of 55.
Transfers to a scheme that already has a protected pension age
An individual can transfer to a scheme where they already have a protected pension age of 55 or 56. Whether they benefit from the protected pension age will depend on how the plan was set up.
If the plan had been set up with an individual transfer, the protected pension age only applies to those transferred rights and subsequent transfers in won’t benefit from the protected pension age.
Before 4 November 2021 |
From 4 November 2021 |
|
Transfer from a scheme without an unqualified right to take benefits at age 551 to a scheme that does, where the individual hasn’t built up any benefits in the receiving scheme yet |
Can transfer and have a right to take all benefits at age 551 in the new scheme. |
Not possible unless the individual was in the process of transferring when the rules changed on 4 November 2021. |
Individual transfer from a scheme with a protected pension age of 551 |
It wasn’t possible to transfer and protect a minimum pension age of 551. | Transferred benefits with a protected pension age of 551 must be ringfenced in the new scheme. All other benefits and future benefits stay at 57. |
Block transfer from a scheme with a protected pension age of 551 |
All benefits transferred, existing and future benefits will have a pension age of 551. | All benefits transferred, existing and future benefits maintain a protected pension age of 551. |
1 Although it's unlikely, it is possible the protected pension age in the original scheme was 56, if so the protected pension age in the new scheme will be 56.
Things to bear in mind
Things to bear in mind
As well as all the conditions explained above, the receiving scheme/insurer must be willing and able to accept the transfer.
What do we still not know about the change in normal minimum pension age to 57?
What do we still not know about the change in normal minimum pension age to 57?
The government acknowledges the importance of establishing a clear position on the transitional arrangements. For example, people who have taken benefits at age 55 but who have not reached age 57 by 6 April 2028.
Frequently asked questions
Frequently asked questions
Your questions answered.
What is the minimum age that retirement benefits can be taken?
If the scheme rules allow it, it's possible for benefits to be taken from age 55 (or earlier due to ill-health). This normal minimum pension age is increasing to 57 in 2028 for most people. The increase to age 57 will not apply to members of the firefighter, police and armed forces public service pension schemes or individuals retiring due to ill health.
Can people in certain occupations retire before age 55?
The retirement age range is from 55 (increasing to age 57 in 2028) with no upper age limit. This applies to all schemes, including those that were set up for people who have traditionally been allowed low normal retirement ages for example, professional sports people and models. There are transitional arrangements for those with these low retirement ages before 6 April 2006 (A-Day) who retire after A-Day.
There are still occupational pension schemes that have a normal retirement age below age 55. These schemes relate to the Armed Forces, Police and Fire Brigade.
What is the minimum age that GMP benefits can be taken?
The minimum pension age for GMP benefits is 60 for females and 65 for males.
Can benefits be taken early due to ill-health?
Under all of the following types of ill health the Trustees of the scheme will need to obtain medical evidence that proves the individual is incapable of carrying out their job because of physical or mental impairment.
Ill-health
It's possible for individuals to take their benefits before age 55 in the case of ill-health.
The scheme administrator must receive medical evidence that the individual is, and will continue to be, medically incapable (either physically or mentally) of continuing his or her current occupation as a result of injury, sickness, disease or disability, and as a result of the ill-health the individual ceases to carry on that occupation.
The normal tax-free cash rules apply to the benefits paid.
The annual allowance applies in the year benefits are taken.
Severe ill-health
It's possible for individuals to take their benefits before age 55 in the case of severe ill-health.
The individual must be unlikely to be able to do any type of gainful work, other than in an insignificant way, before State Pension Age.
The normal tax-free cash rules apply to the benefits paid.
The annual allowance does NOT apply in the year they are taken.
Serious ill-health
It's possible for individuals to commute their benefits for a lump sum on the grounds of serious ill health. There is no minimum age.
Before this can be done the trustees will need to obtain medical evidence that the individual's life expectancy is less than 1 year.
If the individual is under age 75 it's paid tax-free. If the individual is 75 or over, the benefits are taxed at their marginal rate of tax.
If benefits are taken under the serious ill-health rules the annual allowance does NOT apply in the year they are taken.
In all of the above cases, restrictions apply to Guaranteed Minimum Pension benefits.
HMRC - Pensions Tax Manual - PTM051200 - when the annual allowance charge does not apply
HMRC - Pensions Tax Manual - PTM062100 - Early payment of benefits on health grounds
HMRC - Pensions Tax Manual - PTM063400 - lump sums: serious ill-health lump sum
At what age will benefits have to be taken by?
Legally there is no upper age by which an individual must take benefits.
However, some products may have a maximum age that benefits must be taken by. You should check with the provider.
When is the minimum pension age increasing?
The minimum pension age is increasing to 57 from April 2028. Legally there is no upper age by which benefits must be taken. The increase to age 57 will not apply to members of the firefighter, police and armed forces public service pension schemes or individuals retiring due to ill health. Find out more here.
Disclaimer
The information provided is based on our current understanding of the relevant legislation and regulations and may be subject to alteration as a result of changes in legislation or practice. Also it may not reflect the options available under a specific product which may not be as wide as legislations and regulations allow.
All references to taxation are based on our understanding of current taxation law and practice and may be affected by future changes in legislation and the individual circumstances of the investor.