Finance Act 2004

Money purchase arrangementsU.K.

Uncrystallised funds lump sum death benefitU.K.

15(1)For the purposes of this Part a lump sum death benefit is an uncrystallised funds lump sum death benefit if—U.K.

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it is paid in respect of a money purchase arrangement,

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)it is paid in respect of relevant uncrystallised funds[F3, and

(e)it is not a charity lump sum death benefit.]

[F4But, in a case where the member had not reached the age of 75 at the date of the member’s death, a lump sum death benefit is an uncrystallised funds lump sum death benefit only if it is paid before the end of the relevant two-year period.]

[F5(1A)The relevant two-year period” means the period of two years beginning with the earlier of the day on which the scheme administrator first knew of the member’s death and the day on which the scheme administrator could first reasonably be expected to have known of it.]

(2)“Relevant uncrystallised funds” means such of the sums and assets held for the purposes of the arrangement at the member’s death as—

(a)had not been applied for purchasing a scheme pension, a lifetime annuity, a dependants' scheme pension or a dependants' annuity, and

(b)had not been designated under the arrangement as available for the payment of [F6drawdown pension].

(3)But if an amount falling within sub-paragraph (1) exceeds the permitted maximum, the excess is not an uncrystallised funds lump sum death benefit.

(4)The permitted maximum is the aggregate of—

(a)the amount of the sums, and

(b)the market value of the assets,

which constitute the relevant uncrystallised funds immediately before the payment is made.

Annuity protection lump sum death benefitU.K.

16(1)For the purposes of this Part a lump sum death benefit is an annuity protection lump sum death benefit if—U.K.

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it is paid in respect of a money purchase arrangement, and

(c)it is paid in respect of a scheme pension or lifetime annuity to which the member was entitled at the date of the member’s death.

(2)But if the amount of a lump sum falling within sub-paragraph (1) exceeds the annuity protection limit, the excess is not an annuity protection lump sum death benefit.

(3)The annuity protection limit is—

[F9Drawdown pension fund lump sum death benefit]U.K.

17[F10(1)For the purposes of this Part a lump sum death benefit is a drawdown pension fund lump sum death benefit if—U.K.

(a)it is paid in respect of income withdrawal to which the member was entitled under an arrangement at the date of the member's death, and

(b)it is not a charity lump sum death benefit.]

(2)A lump sum death benefit is also [F11a drawdown pension fund lump sum death benefit] if—

(a)it is paid on the death of a dependant of the member,

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)it is paid in respect of dependants' income withdrawal to which the dependant was entitled at the date of the dependant’s death in respect of an arrangement relating to the member[F13, and

(d)it is not a charity lump sum death benefit.]

(3)But if the amount of a lump sum falling within sub-paragraph (1) or (2) exceeds the permitted maximum, the excess is not [F14a drawdown pension fund lump sum death benefit].

(4)The permitted maximum is the aggregate of—

(a)the amount of the sums, and

(b)the market value of the assets,

representing the member’s or dependant’s [F15drawdown pension fund] in respect of the arrangement immediately before the payment is made.

Charity lump sum death benefitU.K.

18(1)A lump sum death benefit is a charity lump sum death benefit if—U.K.

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)there are no dependants of the member,

(c)it is paid [F17in respect of the member's drawdown pension fund] in respect of an arrangement at the date of the member’s death, and

(d)it is paid to a charity nominated by the member F18....

[F19(1A)A lump sum death benefit is also a charity lump sum death benefit if—

(a)the member had reached the age of 75 at the date of the member's death,

(b)there are no dependants of the member,

(c)it is paid in respect of relevant uncrystallised funds in respect of a money purchase arrangement at the date of the member's death, and

(d)it is paid to a charity nominated by the member.

(1B)“Relevant uncrystallised funds” has the meaning given by paragraph 15(2).]

(2)A lump sum death benefit is also a charity lump sum death benefit if—

(a)it is paid on the death of a dependant of the member,

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)there are no other dependants of the member,

(d)it is paid in respect of [F21the dependant's drawdown pension fund] at the date of the dependant’s death in respect of an arrangement relating to the member, and

(e)it is paid to a charity nominated by the member [F22or, if the member made no nomination, by the dependant F23....]

(3)But if the amount of a lump sum falling within sub-paragraph (1) or (2) exceeds the permitted maximum, the amount of the excess is not a charity lump sum death benefit.

(4)The permitted maximum is the aggregate of—

(a)the amount of the sums, and

(b)the market value of the assets,

[F24representing what is the member's or dependant's drawdown pension fund] in respect of the arrangement immediately before the payment is made.

Transfer lump sum death benefitU.K.

F2519U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .