Freedom and choice

What is freedom and choice?

From 6 April 2015, individuals aged over 55 with defined contribution pension savings, will be able to draw these savings as a cash amount but the amount available will be subject to income tax depending upon personal circumstances.


How does this affect you as a member of the Local Government Pension Scheme (LGPS)?

The LGPS is not a defined contribution scheme.  The options for those individuals age 55 or over who are members of the LGPS are one of the following:

  • to retire on a voluntary basis and take immediate payment of pension
  • to defer payment your benefits to lessen or avoid any potential reduction
  • to transfer the LGPS benefit to an alternative pension arrangement


Retiring at age 55 from the LGPS

Benefits are paid in the form of an annual pension only or a combination of a tax free lump sum payment plus annual pension. The amount of tax free lump sum is limited by rules imposed on the scheme by HM Revenue and Customs (HMRC).

Pension benefits can only be paid after leaving employment. If retirement is before normal pension age (state pension age or age 65, if earlier) the pension is likely to be reduced. Please see information on the rule of 85 for more details of reductions that will apply to benefits.


Transferring pension benefits to an alternative pension arrangement

The LGPS will be able to continue transferring pension benefits to alternative providers after 6 April 2015 where an individual opts-out of the scheme or leaves employment. The new legislation imposes a requirement on the LGPS member though to take independent financial advice from an approved financial advisor before proceeding with any transfer of benefits from the LGPS.

Where the transfer value exceeds £30,000 taking approved independent financial advice is mandatory. The financial advice  would be at the members own cost and would need to be evidenced to the pension fund before any transfer to another provider can take place. For those members where the value of the transfer payment is less than £30,000 there is no requirement to take financial advice but it is strongly recommended that professional advice is sought, as prior knowledge of the amount of commission and tax charges should be understood in advance of taking any action to transfer benefits from the LGPS.

Subject to the requirements above we will allow you to transfer your pension out at any point between your date of leaving and 1 year before your normal pension age. Depending on your dates of joining and leaving membership of the Staffordshire Pension Fund, and the Regulations which apply as a result, your normal pension age will fall between age 60 and your State Pension Age.

Any member considering transferring their benefits should think very carefully before proceeding as they may risk losing their pension benefits and/or may be liable for a significant tax charge.


Further information

The following pages may also be helpful: