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A detailed guide to State Pensions for advisers and others

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38<br />

Contracting out of the additional <strong>State</strong> Pension scheme<br />

Since 1978 it has been possible <strong>for</strong> employees <strong>to</strong> opt out of the additional <strong>State</strong><br />

Pension scheme. This is called ‘contracting out’ <strong>and</strong> means their additional<br />

<strong>State</strong> Pension will be reduced.<br />

The effect on the additional <strong>State</strong> Pension<br />

From 6 April 1978 <strong>to</strong> 5 April 1997 (SERPS)<br />

Any additional <strong>State</strong> Pension earned through SERPS from 6 April 1978 <strong>to</strong> 5 April 1997<br />

is reduced (which could be <strong>to</strong> a nil amount) if the person was contracted out at any<br />

time during this period.<br />

From 6 April 1997 until 5 April 2002 (SERPS)<br />

SERPS is not paid <strong>for</strong> any week a person was contracted out.<br />

From 6 April 2002 (<strong>State</strong> Second Pension)<br />

The <strong>State</strong> Second Pension is reduced (which could be <strong>to</strong> a nil amount) if a person<br />

is contracted out.<br />

If a husb<strong>and</strong>, wife or civil partner has died – inherited SERPS <strong>and</strong> inherited<br />

<strong>State</strong> Second Pension<br />

A person whose husb<strong>and</strong>, wife or civil partner has died may be able <strong>to</strong> inherit<br />

additional <strong>State</strong> Pension from their late husb<strong>and</strong>, wife or civil partner (known as<br />

the contribu<strong>to</strong>r). In some limited circumstances this may also apply where the late<br />

contribu<strong>to</strong>r had been contracted out of SERPS all their life. The surviving spouse or<br />

civil partner may inherit 50% of the <strong>State</strong> Second Pension. How much SERPS<br />

pension they may inherit depends on the date their late husb<strong>and</strong>, wife or civil<br />

partner reached (or would have reached) their <strong>State</strong> Pension age.<br />

If the person marries or <strong>for</strong>ms a new civil partnership be<strong>for</strong>e they reach their <strong>State</strong><br />

Pension age, they will no longer be able <strong>to</strong> rely on their late husb<strong>and</strong>, wife or late<br />

civil partner’s additional <strong>State</strong> Pension record.<br />

Inherited additional <strong>State</strong> Pension is paid by way of a Category B pension<br />

(see pages 44 <strong>to</strong> 49).<br />

In addition, if the deceased spouse or civil partner was contracted out, the<br />

inherited additional <strong>State</strong> Pension may be reduced <strong>to</strong> reflect this.<br />

Inherited SERPS<br />

When SERPS was introduced in 1978, a person could inherit up <strong>to</strong> 100% of their<br />

late husb<strong>and</strong>’s or wife’s entitlement. The Government changed the law in 1986 <strong>and</strong><br />

it was intended that if a husb<strong>and</strong> or wife died after 6 April 2000, the person would<br />

only be able <strong>to</strong> inherit up <strong>to</strong> 50% of their late husb<strong>and</strong>’s or wife’s entitlement.<br />

It became clear that <strong>for</strong> many years after 1986 some people were given incorrect<br />

or misleading in<strong>for</strong>mation about the change <strong>and</strong> may have planned <strong>for</strong> their<br />

future on that basis. As a result the Government introduced new rules that mean,<br />

there is a gradual reduction in the maximum percentage that someone may inherit.<br />

[SS (Inherited SERPS) Regs 2001]

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