Transfers and personal pensions

Produced in partnership with Alistair Hill of Brodies LLP
Practice notes

Transfers and personal pensions

Produced in partnership with Alistair Hill of Brodies LLP

Practice notes
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A pension transfer occurs when a person's entitlements under one pension scheme are moved to another pension scheme. The transferring scheme transfers relevant assets to the receiving scheme and the receiving scheme becomes responsible for the provision of benefits in respect of the relevant person.

The members of all UK registered pension schemes which are personal pension schemes have an overriding statutory right to transfer the cash equivalent value of their benefits to another pension arrangement, subject to meeting certain prescribed conditions.

Many personal pension schemes also permit transfers out in a broader range of circumstances than those in which the statutory right arises, eg:

  1. partial transfers

  2. transfers of benefits that are in drawdown, and

  3. transfers of particular assets in non-cash form

It is important in practice that transfers paid from personal pension schemes are paid in circumstances that amount to the payment of a recognised transfer for HMRC purposes and that do not unwittingly lose the benefit of any tax-related protections and statuses that the member may have.

Personal pension

Alistair Hill
Alistair Hill chambers

Solicitor, Brodies LLP


Alistair is a Legal Director in the Brodies pensions team, where he practices both as an English and as a Scottish solicitor. 
 
He helps a broad range of employers, trustees and other professionals with defined benefit and defined contribution pension schemes, including advising on the pensions aspects of corporate transactions and public/private sector staff transfers.
 
From his days in-house at a leading insurer, Alistair has also retained an active interest in developing and maintaining defined contribution pension propositions from the provider's and administrator's viewpoint, such as personal pension, mastertrust and SIPP products. 
 
While he would argue passionately that clients shouldn't haven't to worry about them unless they want to, Alistair has always been interested in the more technical aspects of pensions law.  
 
Besides his work for LexisPSL, this has led him to play an active role in the professional bodies and more generally in debating law reform and public policy in UK pensions.
 
Alistair is a former Scottish Chairman of the Association of Pension Lawyers and now sits on the Law Society of Scotland's pensions law specialist accreditation panel, as well as being the convenor of its pensions law reform sub-committee.

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Jurisdiction(s):
United Kingdom
Key definition:
Personal pension definition
What does Personal pension mean?

A pension which operates like a money box for an individual.

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