Written answers

Thursday, 8 May 2014

Department of Finance

Pensions Legislation

Photo of Noel HarringtonNoel Harrington (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

50. To ask the Minister for Finance his plans to reform the pension rules in line with the recently announced new rules in the UK allowing pensioners to manage their own pension funds; and if he will make a statement on the matter. [20731/14]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My understanding is that, as announced in their recent Budget, from April 2015 the UK Government intend to allow individuals aged 55 and over access their defined contribution (DC) pension fund on retirement as they choose, after taking the allowable tax free retirement lump sum from the fund. Withdrawals from the remainder of the fund will be taxed at the individual's marginal income tax rate regardless of whether it is drawn in full or piecemeal over time. Under current UK flexible access rules, an individual can only avail of full flexibility draw down, subject to marginal rate income tax, where they have guaranteed income in retirement of at least £12,000 per annum (down from £20,000 heretofore) and while full cash withdrawal of a defined contribution pension pot is permitted, it  incurs a tax charge of 55%. The UK Government is currently undertaking a public consultation on the proposals, the results of which will help determine how best the policy intention can be delivered on next year.

As regards arrangements in the State, flexible options at retirement are available in respect of all benefits from DC retirement benefit schemes and other DC pension savings. Choices which are available to individuals (after taking the tax-free retirement lump sum) include the option to purchase an annuity with the remaining funds, to receive the balance of the pension funds in cash (subject to marginal rate income tax, as appropriate), to invest in an approved retirement fund (ARF) or an Approved Minimum Retirement Fund (AMRF), subject to certain conditions.

Under the regime the options to invest in an ARF or  receive the balance of the pension fund in cash) are subject to conditions. The conditions include the requirements that the individual be over 75 years of age or, if younger, that the individual has a guaranteed level of pension income ("specified income") actually in payment for life at the time the option to effect the ARF or cash option is exercised. The purpose of the specified income requirement is to ensure, before an individual has unfettered access to their remaining retirement funds via an ARF or by way of the cash option that they have the security of an adequate guaranteed pension income throughout the period of their retirement. The specified income requirement is €12,700.

Where the minimum specified income test is not met, and an individual does not wish to purchase an annuity, then an AMRF must be chosen into which a "set aside" amount must be invested. The purpose of an AMRF is to ensure a capital or income "safety net" throughout the latter period of an individual's retirement where their pension income is below the specified income limit. The maximum "set aside" amount is €63,500 of the pension fund or the remainder of the pension fund after taking the tax-free lump sum, if this is less than €63,500.

The capital in an AMRF is not available to an individual until he or she reaches 75 years though any income generated by the fund can be drawn down subject to tax. The capital in an AMRF can be used by the owner at any time to purchase a pension annuity and the AMRF can be changed to an ARF with access to the capital sum (subject to taxation) before the age of 75 where the specified income test is met before that age.In terms of increased flexibility, the primary difference between the proposed UK regime and the regime that operates here is the fact that from April 2015, the UK proposes to dispense with their guaranteed income test. In that regard, I have no plans to change the equivalent rule here or the alternative AMRF set aside rule.

Comments

No comments

Log in or join to post a public comment.