Bridging Pensions And State Pension Age: Power To Modify Scheme Rules

Regulations have been laid enabling trustees to modify schemes by resolution, with employer consent, to bring bridging pensions in line with changing state pension ages.
UK Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.

Regulations have been laid enabling trustees to modify schemes by resolution, with employer consent, to bring bridging pensions in line with changing state pension ages (or fix them at a specified age). They come into force on 1 October 2013.

The provisions apply where, as at 5 April 2010, a scheme permitted a reduction in pension either on reaching a specified age between 60 and 65 or at state pension age.

Click here for the regulations.

Where the scheme currently provides for reduction at a specified age, trustees may modify the scheme to provide for a reduction "of an equal or differing amount" to take effect at any time between age 60 and state pension age.

Where the scheme currently provides for reduction at state pension age, trustees may modify the scheme to provide for a reduction "of an equal or differing amount" to take effect at any time between age 60 and 65. Modifications made under this provision must not affect pensions in payment at the date of modification.

The explanatory notes to the regulations state that: "Trustees may only make a modification to scheme rules which is reasonable in consequence of changes to the age at which members reach the age of entitlement to state retirement pension, for example where without a modification to its rules the scheme could incur significant, unanticipated costs or members might face financial hardship". There is nothing in the regulations limiting the modification power in this way, although the usual trustee considerations will apply (so any decision to modify the bridging pension provisions must be made in the best interests of scheme members as a whole).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More