Anti-franking

Produced in partnership with Peter White
Practice notes

Anti-franking

Produced in partnership with Peter White

Practice notes
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The concept

It used to be the case that contracted-out salary-related (COSR) schemes could revalue a deferred member's guaranteed minimum pension (GMP) without increasing the overall deferred pension. The pension in excess of the GMP was effectively reduced so that the overall deferred pension remained the same (ie the excess pension was used to provide the GMP revaluation). This is known as ‘franking’, and ‘anti-franking’ refers to the legislation which prohibits this. It provides for a minimum level of benefit (the ‘relevant aggregate’) to be provided to members and their spouses and civil partners at GMP age. The effect is that rather than reducing the pension in excess of the GMP, schemes must instead protect it, and increase a member’s total pension.

The anti-franking legislation is contained in sections 87–92 of the Pension Schemes Act 1993 (PSA 1993) and applies where:

  1. •

    a member has any COSR employment between 6 April 1978 and 6 April 1997, and is therefore entitled to a GMP, and

  2. •

    either:

    1. â—¦

      he left contracted-out employment between 1 January 1985 and 5 April 2016, or

    2. â—¦

      he was

Peter White
Peter White

Associate


Before qualifying in 2006 Peter worked for many years as a senior manager in Prudential's IFA distribution channel which included responsibility for the technical, administrative and regulatory aspects of Prudential's pensions products in the teams which he led. He was responsible for several successful high profile national projects. Now recognised by Chambers, he advises trustees and employers on a wide range of defined benefit and defined contribution pension related issues. Peter is a former chairman of the North West NAPF and is a member of the Association of Pension Lawyers (APL). Peter is a former chairman and non executive director of Northern Film Network (a not for profit organisation aimed at attracting people to the film industry). He is a keen mountain biker, classical guitarist and cook and lives with his family in Bolton.

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Jurisdiction(s):
United Kingdom
Key definition:
Anti-franking definition
What does Anti-franking mean?

Anti-franking legislation banned the offset of statutory increases in GMP (for example between termination of contracted-out employment and state pensionable age) against other scheme benefits, instead of being added to a member’s total benefits.

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