refunding - The Civil Service
refunding - The Civil Service
refunding - The Civil Service
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Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.contents<br />
Family Benefits<br />
Spouses’ and <strong>Civil</strong> Partners’ Pensions<br />
Section 5<br />
<strong>The</strong> PCSPS<br />
refund<br />
arrangements<br />
fam\5.m (1) Issue 4: April 2006
Refunds: 5.contents<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
5.1 Refunds to unmarried/non civil partnership members<br />
leaving the PCSPS at age 60 or over<br />
<strong>The</strong> refund<br />
Information to be given to unmarried/non civil partnership members<br />
before they leave the PCSPS<br />
Action before <strong>refunding</strong> contributions paid for service on or after 6<br />
April 1978 (men) 6 April 1988 (women)<br />
Annex A<br />
Forms: <strong>refunding</strong> contributions to members<br />
5.2 Refunds to unmarried/non civil partnership members leaving the<br />
PCSPS before age 60<br />
<strong>The</strong> refund<br />
<strong>Service</strong> before 6 April 1978 (men); 6 April 1988 (women)<br />
<strong>Service</strong> on or after 6 April 1978 (men); 6 April 1988 (women)<br />
Contributions paid for more than 40 years<br />
Unmarried/non civil partnership members who leave the PCSPS<br />
without qualifying for a pension<br />
Members who take a transfer value<br />
Information to be given to members before they leave the PCSPS<br />
Action before <strong>refunding</strong> contributions paid for service on and after 6<br />
April 1978 (men); 6 April 1988 (women)<br />
Annex A<br />
Forms: <strong>refunding</strong> contributions to former members<br />
5.3 Refunds to married/civil partnership members<br />
<strong>The</strong> refund<br />
5.4 Refunds following the death of a member or former member<br />
<strong>The</strong> refund<br />
Action following the death of a member<br />
Action following the death of a former member<br />
5.5 Calculating the refund: unmarried/non civil partnership<br />
members<br />
Contributions which are refunded<br />
Separating the refund into sub-calculations<br />
Interest on refunded contributions<br />
Deducting the premium<br />
Applying income tax to the refund<br />
Amount to be paid to the member<br />
Added years<br />
Reserved rights: members in post on 30 November 1989<br />
Members who left the PCSPS before 1 December 1989<br />
fam\5.m (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.contents<br />
5.6 <strong>The</strong> interest calculation<br />
<strong>The</strong> interest calculation<br />
Enhancement of service<br />
<strong>The</strong> interest rate<br />
<strong>Service</strong> ended on or after 1 April 1990<br />
<strong>Service</strong> ended 1 December 1989 to 31 March 1990 (inclusive)<br />
Annual Building Society rate<br />
5.7 <strong>The</strong> premium calculation<br />
<strong>The</strong> premium<br />
Amount of the premium<br />
Unmarried/non civil partnership members whose marriage or civil<br />
partnership has ended<br />
Unmarried/non civil partner members with transferred-in service<br />
Enhancement of service<br />
Annex A<br />
Annex B<br />
Marriage/civil partnership ended before leaving the<br />
PCSPS<br />
Members with transferred-in service<br />
5.8 Example of refund calculation<br />
5.9 Reserved rights: members in post on 30 November 1989<br />
<strong>The</strong> refund arrangements<br />
5.10 Refunds paid to unmarried/non civil partnership members who<br />
left the PCSPS before 1 December 1989<br />
<strong>The</strong> refund arrangements<br />
Unmarried/non civil partnership members who did not receive a<br />
refund<br />
Interest<br />
5.11 Repaying a refund<br />
When refunds must be repaid<br />
Repaying a refund on marriage/civil partnership<br />
Repaying a refund on asking for a transfer value<br />
Repaying a refund on re-employment after a short break<br />
Action by departments<br />
Annex A<br />
Calculating the repayment of a refund<br />
fam\5.m (3) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.1<br />
5.1 Refunds to members<br />
who are neither married<br />
nor in a civil partnership<br />
leaving the PCSPS at age 60 or over<br />
<strong>The</strong> refund<br />
5.1.1 Members are given a refund of contributions when the<br />
assessment of the contributions account (section 4) shows that the<br />
contributions they have paid are greater than the amount due.<br />
5.1.2 All contributions are refunded to members who have neither<br />
married nor entered a civil partnership throughout their service. Only<br />
part of the contributions are refunded to members who have been<br />
married or in a civil partnership for part of their service. <strong>The</strong> refund<br />
may include contributions paid by the member in respect of service<br />
both before and after 6 April 1978 (men); 6 April 1988 (women).<br />
5.1.3 A premium is deducted from the refund to cover the PCSPS’<br />
contingent liability to pay a post-retirement spouse’s or civil partner’s<br />
pension (5.7).<br />
5.1.4 A refund is automatically paid to members who are neither<br />
married nor in a civil partnership when they leave the PCSPS at or<br />
after age 60 with immediate payment of a pension. A refund is paid as<br />
soon as possible after the last day of service and is treated as part of the<br />
member’s retirement lump sum. <strong>The</strong> refund calculation is explained in<br />
5.5.<br />
5.1.5 Members with a retiring age below 60 who are neither<br />
married nor in a civil partnership and leave the PCSPS at or after<br />
reaching their retiring age but before reaching age 60, receive an<br />
automatic refund when they leave the PCSPS and draw their pension in<br />
respect of their service during which they were neither married nor in a<br />
civil partnership.<br />
5.1.6 Details are set out in 5.2.<br />
fam\5.1 (1) PC268: September 2006
Refunds: 5.1<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
NOTE – As from 5 December 2005 WPS contributions paid by members will<br />
provide for a contingent civil partner’s pension for reckonable service after 6 April<br />
1988. For the purposes of determining whether a member is entitled to a refund of<br />
contributions in respect of service from 6 April 1988, periods during which the<br />
member was in a civil partnership will be treated in the same way as if the member<br />
had been married during the period in question.<br />
Information to be given to members who are<br />
neither married nor in a civil partnership before<br />
they leave the PCSPS<br />
5.1.7 Employing departments must give members who have an<br />
entitlement to a contribution refund the information in table 1 before<br />
they leave the PCSPS.<br />
Table 1 Information for the member<br />
As an single member of the classic section of the Principal <strong>Civil</strong> <strong>Service</strong> Pension Scheme, you<br />
are entitled to a refund of family benefit contributions in respect of<br />
all your service<br />
your service since 6 April 1978 (men); 6 April 1988 (women)<br />
your service since your marriage or civil partnership ended.<br />
<strong>The</strong> contributions due to be repaid to you will be refunded with interest and paid with your lump<br />
sum at the time you draw your pension.<br />
<strong>Service</strong> on or after 6 April 1978 (men); 6 April 1988 (women). Any part of the refund in<br />
respect of service on or after 6 April 1978 (men); 6 April 1988 (women) will be subject to the<br />
payment by you of a single premium to cover the PCSPS liability to pay a post-retirement<br />
spouse’s or civil partner’s pension should you marry, re-marry or enter a civil partnership after<br />
leaving the PCSPS. <strong>The</strong> premium will be deducted from the refund of contributions.<br />
<strong>The</strong> calculations involved rely on information which we have to obtain from other sources. This<br />
will take several weeks. Please get in touch with the contact named below if you have not heard<br />
from us within 3 months of your last day of service.<br />
Contact …………………….<br />
fam\5.1 (2) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.1<br />
Action before <strong>refunding</strong> contributions paid for<br />
service on or after 6 April 1978 (men) 6 April 1988<br />
(women)<br />
5.1.8 Employing departments must obtain the information in<br />
table 2.<br />
Table 2 Information required when a member retires at age 60 or over<br />
Information required<br />
Action<br />
<strong>The</strong> member’s WPS contribution<br />
record in respect of service since<br />
6 April 1978 (men); 6 April 1988<br />
(women), plus interest.<br />
Add interest for the period up to a date 6 weeks after the<br />
member’s last day of service. This is calculated by the<br />
awarding authority.<br />
<strong>The</strong> accrued post-retirement<br />
spouse’s pension.<br />
This is obtained from the awarding authority.<br />
NOTE This information is not available until at least 6<br />
weeks after the member has retired.<br />
NOTE Those who received a WPS refund before 6 April 2006 were given the option of<br />
providing for a post-retirement spouse’s pension at either the PCSPS rate or the GMP rate.<br />
This option is no longer available and for those who receive a WPS refund from 6 April 2006<br />
the post-retirement spouse’s or civil partner’s pension is always at the PCSPS rate.<br />
5.1.9 (paragraph deleted)<br />
5.1.10 <strong>The</strong> employing department must pass the above information<br />
to the APAC, who will authorise the award (including the refund of<br />
contributions) for payment by the Paying Authority.<br />
WPS refunds from 6 April 2006<br />
5.1.11 From 6 April 2006, WPS contribution refunds are treated as<br />
part of the member’s retirement lump sum. This means that they must<br />
be paid at the time the member receives their pension.<br />
5.1.12 If, for whatever reason, the refund is not paid within twelve<br />
months of the member’s pension coming into payment, it cannot be<br />
paid as a single lump sum. In such circumstances, some of the refund<br />
can be converted into an additional pension for the member only (it will<br />
not result in an increase in the contingent spouse’s/civil partner’s<br />
pension). This calculation is carried out by Penserver.<br />
Deleted: three<br />
5.1.13 Eligible individuals should be given two options regarding<br />
their WPS refund:<br />
fam\5.1 (3) PC268: September 2006
Refunds: 5.1<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
<br />
<br />
Option 1: 25% of the value of benefits can be taken as a lump sum.<br />
No tax deduction will be made from this amount. <strong>The</strong> remaining<br />
value of the refund is converted to extra pension.<br />
Option 2: Taking the refund as a lump sum. <strong>The</strong>y must be informed<br />
that they will be liable to pay tax on this amount. <strong>The</strong> tax charge<br />
will be at least 40%<br />
A member invited to choose from these options who does not reply<br />
should be paid as option 1.<br />
Note: Where a member retires before 6 April 2006 and had not reached 60 at the time<br />
they retired their WPS refund must now be dealt with as in 5.1.12 and 5.1.13<br />
fam\5.1 (4) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.1 Annex A<br />
5.1 Annex A Forms: <strong>refunding</strong><br />
contributions to<br />
members<br />
<strong>The</strong>se forms are now obsolete.<br />
fam\5.1a (1) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.2<br />
5.2 Refunds to members<br />
who are neither married<br />
nor in a civil partnership<br />
leaving the PCSPS before age 60<br />
<strong>The</strong> refund<br />
5.2.1 Members are given a refund of contributions when the<br />
assessment of the contributions account (section 4) shows that the<br />
contributions they have paid are greater than the amount due.<br />
5.2.2 All contributions are refunded to members who have neither<br />
married nor entered a civil partnership throughout their service. Only<br />
part of the contributions is refunded to members who have been<br />
married or in a civil partnership for part of their service.<br />
5.2.3 <strong>The</strong> refund calculation is explained in 5.5.<br />
A premium is deducted from the refund to cover the PCSPS contingent<br />
liability to pay a post-retirement spouse’s or civil partner’s pension<br />
(5.7).<br />
From 6 April 2006 members who are neither married nor in a civil<br />
partnership and leave the PCSPS on retirement before reaching 60,<br />
receive an automatic refund with their retirement lump sum. This will<br />
be in respect of service during which they were neither married nor in<br />
a civil partnership.<br />
Members who had already drawn their pension early before 6 April<br />
2006 will have two options for receiving their refund when they do<br />
reach 60:<br />
Option 1 – Contributions due to be repaid will be refunded with<br />
interest. 25% of the value of benefits can be taken with their lump sum.<br />
No tax deduction will be made from this amount. <strong>The</strong> remaining value<br />
of the refund is converted to extra pension<br />
fam\5.2 (1) PC268: September 2006
Refunds: 5.2<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Option 2 – Individuals can still take the refund as a lump sum. <strong>The</strong>y<br />
will be liable to pay tax on this amount. This charge will be at least<br />
40%<br />
A member invited to choose from these options who does not reply<br />
should be paid as option 1.<br />
<strong>Service</strong> before 6 April 1978 (men); 6 April 1988<br />
(women)<br />
5.2.4 A refund is automatically paid to members who are neither<br />
married nor in a civil partnership when they leave the PCSPS in<br />
respect of all or part of this period of service.<br />
NOTE This does not apply to members who take a transfer value<br />
(see below).<br />
5.2.5 <strong>The</strong> refund is paid with the retirement lump sum at the time<br />
they draw their pension.<br />
Note A: A member who retired before 6 April 2006 and had not reached 60 must<br />
wait until reaching 60 before receiving their refund. This is usually referred to as an<br />
orphan refund.<br />
fam\5.2 (2) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.2<br />
<strong>Service</strong> on or after 6 April 1978 (men); 6 April 1988<br />
(women)<br />
5.2.6 Members who are neither married nor in a civil partnership<br />
are entitled to an automatic refund on drawing their pension in respect<br />
of all or part of this period of service if they:<br />
leave the PCSPS before age 60 with an entitlement to a<br />
preserved pension;<br />
do not marry, re-marry or enter a civil partnership between<br />
leaving and drawing their pension.<br />
NOTE For members entering a civil partnership from 5 December<br />
2005 the scheme has a liability to pay for a survivor’s civil partner’s<br />
pension for reckonable service since 6 April 1988 (men and<br />
women). <strong>The</strong>refore men entering a civil partnership will only<br />
receive a refund for contributions made from 6 April 1978 to 5 April<br />
1988. Women entering a civil partnership from 5 December 2005<br />
will not receive any refund.<br />
5.2.7 No refund in respect of this period is paid to members who<br />
marry or re-marry between leaving the PCSPS and drawing their<br />
pension, even if the marriage ends and the member is single when they<br />
draw their pension. If the member is male and enters a civil<br />
partnership after leaving service but this ends before they draw their<br />
pension, they will receive a refund of their WPS contributions from<br />
6 April 1978 to 5 April 1988, provided they had not previously been<br />
married.<br />
5.2.8 <strong>The</strong> awarding authority calculates the amount of the refund.<br />
5.2.9 Interest on the contributions to be refunded is added as<br />
follows:<br />
when the main pension award is calculated and authorised.<br />
Interest for the period up to the last day of service;<br />
when the member draws their pension (see table 2). Interest<br />
for the period since the award was made.<br />
5.2.10 A premium is deducted from the refund to cover the PCSPS<br />
liability for a post-retirement spouse’s or civil partner’s pension (5.7).<br />
5.2.11 <strong>The</strong> refund is paid when the member draws their pension.<br />
fam\5.2 (3) PC268: September 2006
Refunds: 5.2<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Contributions paid for more than 40 years<br />
5.2.12 When a member has paid contributions for more than 40 years<br />
before age 60, contributions are refunded with the retirement lump sum<br />
at the time the member draws their pension. Interest is added in the<br />
same way as for any other WPS refund.<br />
NOTE Before 6 April 2006, these refunds were treated as an<br />
underpayment of salary and refunded through payroll with tax applied at<br />
the appropriate rate.<br />
Members who are neither married nor in a civil<br />
partnership, who leave the PCSPS (classic) without<br />
qualifying for a pension<br />
5.2.13 As classic was generally closed to new members from<br />
1 October 2002, there should be no future cases of members leaving<br />
without qualifying for a pension.<br />
5.2.14 (paragraph deleted)<br />
5.2.15 (paragraph deleted)<br />
Members who take a transfer value<br />
5.2.16 No contributions are refunded when a member applies for a<br />
transfer value to be paid to another scheme when leaving the PCSPS.<br />
This is because provision for the spouse’s or civil partner’s pension is<br />
included in the transfer value.<br />
Information to be given to members before they<br />
leave the PCSPS<br />
5.2.17 Employing departments must give the information in table 1<br />
to members with an entitlement to a refund of contributions before<br />
they leave the PCSPS.<br />
5.2.18 Employing departments must explain the circumstances under<br />
which a refund of contributions would be recovered on re-employment<br />
(5.11).<br />
fam\5.2 (4) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.2<br />
Table 1 Information to be given to members who are neither married<br />
nor in a civil partnership on leaving the PCSPS<br />
As an member of the classic section of the Principal <strong>Civil</strong> <strong>Service</strong> Pension Scheme who is<br />
neither married nor in a civil partnership, you may be entitled to a refund of your family benefits<br />
contributions on drawing your pension, provided you neither marry nor enter a civil partnership<br />
during the intervening period after leaving the PCSPS.<br />
This refund is in respect of<br />
all your service<br />
your service since 6 April 1978 (men); 6 April 1988 (women)<br />
your service since your marriage or civil partnership ended.<br />
Any refund due to you in will be refunded with interest at the time you draw your pension.<br />
Any refund due to you in respect of service on or after 6 April 1978 (men); 6 April 1988 (women)<br />
will be subject to the payment by you of a single premium to cover the PCSPS liability to pay a<br />
post-retirement spouse’s or civil partner’s pension should you marry, re-marry or enter into a<br />
civil partnership after drawing your pension. <strong>The</strong> premium will be deducted from the refund of<br />
contributions.<br />
Please advise your next of kin or personal representative(s) as appropriate that, in the event of<br />
your death before drawing your pension, they should claim the refund of family benefits<br />
contributions by notifying the Paying Authority.<br />
Members leaving with a preserved pension. You should apply to the Paying Authority at<br />
least one month before the date that payment of your pension is due. You will then be sent<br />
details of the arrangements for <strong>refunding</strong> family benefits contributions along the lines described<br />
above.<br />
Action before <strong>refunding</strong> contributions paid for<br />
service on and after 6 April 1978 (men); 6 April<br />
1988 (women)<br />
5.2.19 <strong>The</strong> following procedure applies for members who are neither<br />
married nor in a civil partnership who leave the PCSPS before age 60,<br />
having qualified for a pension.<br />
5.2.20 <strong>The</strong> member must apply to the Paying Authority at the same<br />
time they draw their pension.<br />
NOTE Employing departments are asked to forward any requests<br />
made to them to the Paying Authority.<br />
5.2.21 <strong>The</strong> Paying Authority:<br />
checks that the member has remained unmarried and not<br />
entered into a civil partnership since leaving the PCSPS;<br />
if the member left service on or after 6 April 2006, applies<br />
interest to the post 1978/88 refund figure from the member’s<br />
award and pays the refund together with the member’s<br />
retirement lump sum;<br />
fam\5.2 (5) PC268: September 2006
Refunds: 5.2<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
if the member left service before 6 April 2006, passes the<br />
details to the awarding authority together with the member’s<br />
updated post-retirement contingent spouse’s and civil<br />
partner’s pension.<br />
5.2.22 <strong>The</strong> awarding authority must take the action in table 2.<br />
Table 2 Action by the awarding authority (member left service before<br />
6 April 2006)<br />
Action<br />
● Work out the member’s spouse’s or<br />
civil partner’s pension contributions, plus<br />
interest, up to the last day of service.<br />
(This information may already be held by<br />
the awarding authority. In other cases the<br />
employing department will supply it.)<br />
Description<br />
Add interest to the member’s spouse’s or civil<br />
partner’s pension contributions for the period<br />
between the date the member left the PCSPS to<br />
the date of payment.<br />
NOTE Interest up to the last day of service will<br />
have been added when the pension or annual<br />
compensation payment was authorised.<br />
when the above information has been<br />
obtained<br />
Calculate the premium payments and<br />
balance of the refund.<br />
● Authorise a corrected award (where<br />
applicable).<br />
● Authorise payment of the refund by the<br />
Paying Authority.<br />
NOTE: <strong>The</strong>re is no longer to be a post retirement pension GMP option from<br />
6 April 2006 for those qualifying for WPS contribution refunds. As a<br />
consequence, the contribution refund option forms (i.e. forms WP6 through to<br />
WP16) are no longer needed after 6 April 2006.<br />
Note: Refunds outstanding from prior to 6 April 2006 needed to be paid by<br />
APACs prior to 6 July 2006<br />
WPS Refunds from 6 April 2006<br />
5.2.23 From 6 April 2006 WPS contribution refunds form part of the<br />
member’s retirement lump sum. This means that they must be paid at<br />
the time the member receives their pension and are not subject to a<br />
deduction for tax.<br />
fam\5.2 (6) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.2 Annex A<br />
5.2 Annex A Forms: <strong>refunding</strong><br />
contributions to former<br />
members<br />
<strong>The</strong>se forms are now obsolete.<br />
fam\5.2a (1) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.3<br />
5.3 Refunds to married/civil<br />
partnership members<br />
<strong>The</strong> refund<br />
5.3.1 Members are given a refund of contributions when the<br />
assessment of the contributions account (section 4) shows that the<br />
contributions they have paid are greater than the amount due.<br />
5.3.2 Married and civil partnership members are entitled to an<br />
automatic refund of any excess contributions when they leave the<br />
PCSPS. <strong>The</strong> refund is payable when they draw their pension.<br />
5.3.3 <strong>The</strong> refund is calculated as described in 5.5. A premium is<br />
not deducted from the refund, even though the excess contributions<br />
have been paid after 6 April 1978 (men); 6 April 1988 (women).<br />
fam\5.3 (1) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.4<br />
5.4 Refunds following the<br />
death of a member or a<br />
former member<br />
<strong>The</strong> refund<br />
5.4.1 A refund of contributions is payable when the assessment of<br />
the contributions account (section 4) shows that the contributions the<br />
member or former member paid are greater than the amount due. <strong>The</strong><br />
refund calculation is set out in 5.5.<br />
5.4.2 In all cases, the personal representative must make a request<br />
for the refund.<br />
NOTE A refund is not added automatically to the death benefit<br />
when a member has made a nomination in respect of the death<br />
benefit. <strong>The</strong> refund must be requested by the personal<br />
representative and paid separately.<br />
5.4.3 A refund is made to the personal representative in the<br />
following circumstances.<br />
when an member who is neither married nor in a civil<br />
partnership dies in service;<br />
when a former member dies, provided the member:<br />
- was neither married nor in a civil partnership on leaving the<br />
PCSPS and has never married nor entered into a civil<br />
partnership since; and<br />
- did not receive a refund prior to death.<br />
NOTE A member may have received a refund in respect of service<br />
before 6 April 1978 (men); 6 April 1988 (women). <strong>The</strong> personal<br />
representative is paid a further refund when there is an entitlement<br />
in respect of service after that date for which no refund was paid to<br />
the member.<br />
fam\5.4 (1) Issue 4: April 2006
Refunds: 5.4<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
5.4.4 <strong>The</strong> refund is paid as soon as possible after the date of death.<br />
A premium is not deducted from the refund even when<br />
contributions paid in respect of service on and after 6 April<br />
1978 (men); 6 April 1988 (women) are refunded.<br />
Action following the death of a member<br />
5.4.5 When a member dies in service, the employing department<br />
must advise the awarding authority to calculate a refund when the<br />
personal representative asks for one.<br />
Action following the death of a former member<br />
5.4.6 <strong>The</strong> Paying Authority will refer any application made to it to<br />
the deceased’s last employing department.<br />
5.4.7 <strong>The</strong> employing department must check that the person neither<br />
married nor entered into a civil partnership at any point between<br />
leaving service until death. When this has been confirmed the<br />
employing department must ask the awarding authority:<br />
to calculate the amount of the refund, with compound<br />
interest up to the date of death; and<br />
to authorise the Paying Authority to make the payment.<br />
fam\5.4 (2) Issue 4: April 2006
Spouses’ and <strong>Civil</strong> Partners’ Pensions Refunds: 5.5<br />
5.5 Calculating the refund:<br />
unmarried/non civil partnership members<br />
This chapter does not apply where the excess contributions arise:<br />
out of a misapplication of the PCSPS rules (3.4); or<br />
from an overpayment of additional periodical contributions in respect<br />
of a member with more than 40 years’ service at the retiring age (4.3);<br />
or<br />
when a member paid additional periodical contributions in the<br />
expectation of a grant of added years (arising out of an incentive<br />
scheme for retaining members who have passed the retiring age)<br />
which does not then take place (3.2).<br />
Contributions which are refunded<br />
5.5.1 <strong>The</strong> refund may consist of:<br />
excess periodical contributions;<br />
a lump sum contribution (for example, when the member<br />
paid a lump sum contribution to cover a period of<br />
enhancement on being retired for health reasons); and<br />
family benefit pension contributions made under the added<br />
years provisions.<br />
5.5.2 <strong>The</strong> refund of contributions is limited to contributions actually<br />
paid by the member. When a member has transferred-in service a<br />
refund is not due in respect of that period of service if the transfer<br />
value paid to the PCSPS purchased the spouse’s or civil partner’s<br />
pension arising from that service.<br />
5.5.3 Section 4 sets out the steps which determine whether, and<br />
what, contributions are to be refunded.<br />
fam\5.5 (1) PC268: September 2006
Refunds: 5.5<br />
Spouses’ and <strong>Civil</strong> Partners’ Pensions<br />
Separating the refund into sub-calculations<br />
5.5.4 <strong>The</strong> refund calculation is divided into a number of subcalculations<br />
set out in table 1. A calculation in respect of a member<br />
may include some or all of these sub-calculations.<br />
Table 1 <strong>The</strong> refund calculation<br />
<strong>Service</strong><br />
Before 6 April 1978 (men);<br />
6 April 1988 (women)<br />
Sub-calculation<br />
● Contributions actually paid before 6 April 1973. (NOTE A)<br />
● Contributions actually paid on and after 6 April 1973 in<br />
respect of service before 6 April 1978 (men) 6 April 1988<br />
(women). (NOTE B)<br />
Including any additional periodical contributions paid on and<br />
after 6 April 1978 (men); 6 April 1988 (women) in respect of<br />
service before that date.<br />
On and after<br />
6 April 1978 (men);<br />
6 April 1988 (women)<br />
● Contributions paid in respect of service on and after 6 April<br />
1978 (men); 6 April 1988 (women). (NOTE B)<br />
Any period of service.<br />
● Any lump sum contributions paid as a deduction from the<br />
retirement lump sum.<br />
NOTE A For administrative simplicity, contributions paid from 1 April 1973 are taken as<br />
contributions paid from 6 April 1973.<br />
NOTE B For administrative simplicity, contributions paid from 1 April 1978 (men); 1 April 1988<br />
(women) are taken as contributions paid for service on or after 6 April 1978 (men); 6 April 1988<br />
(women).<br />
Interest on refunded contributions<br />
5.5.5 Compound interest is added to the contributions to be<br />
refunded. <strong>The</strong> yearly average of the Building Society basic rate was<br />
used from 1 April 1990 to 31 March 1995 and the average of the<br />
Building Societies Average Share rate from 1 April 1995. Different<br />
interest rates have applied in the past. <strong>The</strong> interest calculation is set<br />
out in 5.6.<br />
NOTE <strong>The</strong> yearly average of the Building Societies Average Share<br />
rate is announced by the Cabinet Office each year.<br />
fam\5.5 (2) PC268: September 2006
Spouses’ and <strong>Civil</strong> Partners’ Pensions Refunds: 5.5<br />
Deducting the premium<br />
5.5.6 Having arrived at a sub-total (contributions plus interest) in<br />
respect of each sub-calculation, a single non-refundable premium to<br />
cover the PCSPS liability for a post-retirement spouse’s or civil<br />
partner’s pension is deducted from the sub-calculation in respect of<br />
contributions paid for service on and after 6 April 1978 (men); 6 April<br />
1988 (women) when the member is unmarried.<br />
NOTE A premium is not deducted:<br />
when the member is neither married nor in a civil partnership and<br />
has not qualified for a pension; or<br />
when the refund is being paid to a personal representative.<br />
Applying income tax to the refund (refunds paid<br />
before 6 April 2006 only)<br />
5.5.8 Refunds of periodical contributions (and interest paid on the<br />
refunds) were reduced by 20% (10% for members who left the PCSPS<br />
before 1 June 1988) on account of income tax from each subcalculation<br />
with the exceptions in table 2.<br />
Table 2 †<br />
Circumstances when no reduction is made for income tax<br />
Circumstances<br />
Income tax deducted<br />
Contributions which were originally<br />
paid before 6 April 1973.<br />
No reduction is made for income tax on either the<br />
contributions or the interest paid on the refund. This is<br />
because such contributions were not given tax relief.<br />
Members with more than 75% of<br />
service in an overseas country.<br />
No reduction is made for income tax.<br />
Enhancement of service.<br />
No reduction is made at source for income tax.<br />
Individuals must consult their own tax inspector.<br />
Death of the member or former<br />
member.<br />
No reduction is made for income tax when the refund<br />
is paid to a personal representative.<br />
5.5.9 <strong>The</strong> reductions is made irrespective of the amount of tax relief<br />
allowed when the contribution was originally paid.<br />
This can no longer be applied to cases where the refund was not paid<br />
by 6 July 2006<br />
_______________________<br />
†<br />
Reproduced in 5.10.<br />
fam\5.5 (3) PC268: September 2006
Refunds: 5.5<br />
Spouses’ and <strong>Civil</strong> Partners’ Pensions<br />
5.5.10 Income tax is applied after the deduction of the premium. See<br />
examples in 5.8<br />
NOTE Refunds paid on or after 6 April 2006 are paid as part of the retirement lump<br />
sum, and are, consequently, not subject to a deduction for tax.<br />
Amount to be paid to the member<br />
5.5.11 <strong>The</strong> amount to be refunded is the balance of the contributions<br />
plus interest, less the premium (where appropriate), less tax (not<br />
refunds paid after 6 April 2006).<br />
NOTE: A member who retired before 6 April 2006 but had not reached age 60 at the<br />
date they retired receives a refund of their WPS contributions on reaching 60. <strong>The</strong>se<br />
are known as orphan refunds and will be subject to new tax rules if paid as a lump<br />
sum after 5 April 2006. Eligible individuals should be given two options:<br />
Option 1–25% of the value of benefits can be taken with their lump sum. No tax<br />
deduction will be made from this amount. <strong>The</strong> remaining value of the refund is<br />
converted to extra pension<br />
Option 2 – <strong>The</strong> refund paid as a lump sum. Tax rules mean that this is classed as an<br />
unauthorised payment and subject to tax of at least 40%. <strong>The</strong> refund is paid without<br />
tax deducted and notified to Her Majesty’s Revenue & Customs (HMRC). It should<br />
be made clear to the member that they will be personally responsible for paying tax<br />
due to HMRC.<br />
A member invited to choose from these options who does not reply<br />
should be paid as option 1.<br />
Added years<br />
5.5.13 Members who opted to buy added years are eligible for a<br />
refund if the contributions they have paid are greater than the<br />
contributions due in respect of the added years bought. <strong>The</strong><br />
assessment of the account is set out in 4.4.<br />
5.5.14 <strong>The</strong> refund covers the element for a spouse’s or civil partner’s<br />
pension which they have paid in their contributions.<br />
5.5.15 When a member has made more than one option, each option<br />
is treated separately for refunded purposes.<br />
5.5.16 <strong>The</strong> refund is calculated separately from the calculation in<br />
respect of the ordinary spouse’s or civil partner’s pension<br />
contributions, but it is calculated in the same way. A premium is<br />
deducted from the refund when the added years option was made on or<br />
after 6 April 1978 (men); 6 April 1988 (women).<br />
fam\5.5 (4) PC268: September 2006
Spouses’ and <strong>Civil</strong> Partners’ Pensions Refunds: 5.5<br />
5.5.17 <strong>The</strong> refund is paid, along with any other refunded<br />
contributions, when the member draws their pension.<br />
5.5.18 When the spouse’s or civil partner’s cover in respect of the<br />
added years was bought by a lump sum payment during service,<br />
interest is calculated from the date the employing department received<br />
payment to the appropriate date (explained in 5.6). Interest is<br />
compounded on 1 October each year (5.6).<br />
fam\5.5 (5) PC268: September 2006
Refunds: 5.5<br />
Spouses’ and <strong>Civil</strong> Partners’ Pensions<br />
Reserved rights: members in post on 30 November<br />
1989<br />
5.5.19 Members had a reserved right to the refund arrangements<br />
which applied before 1 December 1989 if they:<br />
were in post on 30 November 1989; and<br />
left the PCSPS on or after 1 December 1989 and on or<br />
before 30 November 1991.<br />
5.5.20 Details are given in 5.9.<br />
Members who left the PCSPS before 1 December<br />
1989<br />
5.5.21 <strong>The</strong> refund arrangements which apply to members who left<br />
the PCSPS before 1 December 1989 are set out in 5.10.<br />
fam\5.5 (6) PC268: September 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.6<br />
Annual Building Society rate<br />
5.6.10 <strong>The</strong> arrangements for <strong>refunding</strong> WPS contributions were<br />
introduced on 1 December 1989. As from 1 April 1990, the<br />
arrangements changed from a fixed annual rate of compound interest<br />
paid on such contributions to a rate based on average building society<br />
rates. This was amended in 1995 to the average of the building<br />
societies’ average share rate.<br />
5.6.11 <strong>The</strong> annual Building Society rate (BS in the tables) is<br />
announced annually by the Cabinet Office. <strong>The</strong> rates are given in<br />
table 6 and take effect from 1 April each year.<br />
Table 6 †<br />
Annual BS rate<br />
Year<br />
1990-91<br />
1991-92<br />
1992-93<br />
1993-94<br />
1994-95<br />
1995-96<br />
1996-97<br />
1997-98<br />
1998-99<br />
1999-00<br />
2000-01<br />
2001-02<br />
2002-03<br />
2003-04<br />
2004-05<br />
2005-06<br />
2006-07<br />
2007-08<br />
2008-09<br />
2009-10<br />
2010-11<br />
2011-12<br />
2012-13<br />
2013-14<br />
Interest rate<br />
%<br />
6.20<br />
6.60<br />
3.35<br />
1.50<br />
0.66<br />
4.04<br />
4.17<br />
3.58<br />
4.34<br />
5.03<br />
3.93<br />
4.36<br />
3.75<br />
2.95<br />
2.68<br />
3.21<br />
3.39<br />
3.34<br />
3.91<br />
3.13<br />
0.94<br />
1.03<br />
1.18<br />
1.19<br />
_______________________<br />
fam\5.6 (6) Issue 4: April 2006
Refunds: 5.6<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
†<br />
Reproduced in 5.11 Annex A<br />
fam\5.6 (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.7<br />
5.7 <strong>The</strong> premium calculation<br />
This chapter applies only when a refund is paid to an unmarried/non civil<br />
partnership member.<br />
<strong>The</strong> premium<br />
5.7.1 A single (non-refundable) premium is deducted from the<br />
refund of contributions paid at age 60 to unmarried/non civil<br />
partnership members who leave the PCSPS having qualified for a<br />
pension. It is deducted from the refund in respect of service from<br />
6 April 1978 (men); 6 April 1988 (women) only.<br />
5.7.2 This premium is to cover the PCSPS liability to provide a<br />
pension to the spouse or civil partner of a member who marries (or<br />
remarries) or enters into a civil partnership after leaving the PCSPS.<br />
Paying a premium means that members do not have to repay the refund<br />
on marriage or re-marriage or entering into a civil partnership after<br />
leaving the PCSPS.<br />
5.7.3 - 5.7.8 (paragraphs deleted)<br />
Amount of the premium<br />
5.7.9 <strong>The</strong> premium needed is 30% of the current value of the postretirement<br />
widow’s or widower’s pension.<br />
A man retired on 31 March 1990.<br />
<strong>The</strong> member had 40 years’ reckonable service.<br />
Example<br />
1<br />
Pensionable pay: £8,081<br />
Contributions paid since 6 April 1978 (including interest at 5%)<br />
Post-retirement PCSPS widow’s pension<br />
£ 1,365.45 pa<br />
£ 605.38 pa<br />
Premium: 30% x £605.38 = £ 181.61<br />
Balance of refund payable: £1,365.45 - 181.61 = £1,183.84<br />
fam\5.7 (1) Issue 4: April 2006
Refunds: 5.7<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Unmarried/non civil partnership members whose<br />
marriage or civil partnership has ended<br />
5.7.10 A reduced premium is due when a member’s last marriage or<br />
civil partnership ended after 6 April 1978 (men) or 6 April 1988<br />
(women) but before PCSPS membership ended.<br />
5.7.11 Details are set out in Annex A.<br />
NOTE Although a reduced premium is paid, the post-retirement<br />
pension is paid in full if the person subsequently marries or enters a<br />
civil partnership.<br />
Unmarried/non civil partnership members with<br />
transferred-in service<br />
5.7.12 A reduced premium is due when a member has transferred-in<br />
service which included either or both of the following:<br />
an element for a half-rate spouse’s or civil partner’s pension;<br />
a liability for a spouse’s or civil partner’s GMP.<br />
5.7.13 Details are set out in Annex B.<br />
NOTE Although a reduced premium is paid, the post-retirement<br />
pension is paid in full if the person subsequently marries or enters<br />
into a civil partnership.<br />
Enhancement of service<br />
5.7.14 Where a period of enhancement has been credited as ‘service<br />
on or after 6 April 1978 (men); 6 April 1988 (women)’, the<br />
enhancement is included in the service used to calculate the pension.<br />
A premium is due in respect of it.<br />
fam\5.7 (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.7 Annex A<br />
5.7 Annex A Marriage or civil<br />
partnership ended<br />
before leaving the<br />
PCSPS<br />
Reduced premium<br />
1 A reduced premium is paid by members:<br />
who are neither married nor in a civil partnership when the<br />
premium is due (age 60 or over); and<br />
who have been previously married or in a civil partnership;<br />
and<br />
whose last marriage or civil partnership ended:<br />
- before the member left the PCSPS; and<br />
- after 6 April 1978 (men) or 6 April 1988 (women)<br />
2 In these circumstances the refund of spouse’s or civil<br />
partner’s pension contributions is based on the period from the date the<br />
last marriage or civil partnership ended to the date of leaving the<br />
PCSPS. <strong>The</strong> premium is reduced to cover this period only.<br />
NOTE This applies even when the PCSPS service includes a<br />
period after 6 April 1978 (men) or 6 April 1988 (women) before the<br />
marriage or civil partnership ended.<br />
fam\5.7a (1) Issue 4: April 2006
Refunds: 5.7 Annex A<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Calculating the reduced premium<br />
3 <strong>The</strong> premium is calculated in the way set out below:<br />
Premium:<br />
period member paid contributions since end<br />
of last marriage or civil partnership x 30% x post-retirement pension<br />
period used in calculating the post-retirement<br />
spouse’s or civil partner’s pension<br />
Example<br />
1<br />
A man joined the PCSPS before 1978.<br />
His marriage ended on 30 September 1987.<br />
He retired on his 60 th birthday - 15 October 1992.<br />
Deleted: <br />
NOTE Any period of enhancement is<br />
excluded from the calculation of the<br />
premium for GMP cover.<br />
<br />
<br />
Premium:<br />
5.0041 x 30% x PCSPS pension<br />
14.5288<br />
fam\5.7a (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.7 Annex B<br />
5.7 Annex B Members with<br />
transferred-in<br />
service<br />
Reduced premium<br />
1 A reduced premium is paid by members who have<br />
transferred-in service following a transfer value payment to the PCSPS<br />
which included either or both of the following:<br />
an element for a half-rate spouse’s or civil partner’s pension;<br />
a liability for a spouse’s or civil partner’s GMP.<br />
2 When the transfer value included an element for a half-rate<br />
spouse’s or civil partner’s pension, the premium is limited to cover the<br />
actual service in the PCSPS only.<br />
NOTE <strong>The</strong> transfer value payment will have bought spouse’s or<br />
civil partner’s pension cover for the transferred-in period of service.<br />
No contribution refund is paid in respect of the transferred-in<br />
service. <strong>The</strong> premium is required, therefore, to cover only the<br />
period of service for which spouse’s or civil partner’s pension<br />
contributions have been paid into the PCSPS by the member (since<br />
6 April 1978 for men; 6 April 1988 for women).<br />
3 When the transfer value included a liability for a spouse’s or<br />
civil partner’s GMP, the GMP includes any period of contracted-out<br />
service for which the PCSPS has accepted liability as a result of the<br />
transfer value. It could, therefore, include a period of previous<br />
employment before entering the <strong>Civil</strong> <strong>Service</strong>.<br />
NOTE For the purpose of calculating the premium, service can<br />
start no earlier than 6 April 1978 (men); 6 April 1988 (women).<br />
fam\5.7b (1) Issue 4: April 2006
Refunds: 5.7 Annex B<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Calculating the reduced premium<br />
4 <strong>The</strong> premiums for PCSPS and GMP cover are calculated in<br />
the way set out below.<br />
Premium for PCSPS cover:<br />
period member paid spouse’s or civil partner’s<br />
pension contributions † x 30% x PCSPS post-retirement pension<br />
period used in calculating the post-retirement<br />
spouse’s or civil partner’s pension<br />
Premium for GMP cover: (no longer an option from 6 April 2006)<br />
period member paid spouse’s or civil partner’s<br />
pension contributions † x 20% x spouse’s or civil partner’s GMP<br />
period used in calculating member’s GMP ††<br />
† the ‘period member paid contributions’ covers only the period from 6 April 1978<br />
(men); 6 April 1988 (women).<br />
†† including any period of contracted-out service for which the scheme has accepted<br />
liability as a result of a transfer value. (This may be different from the service<br />
actually credited to the PCSPS.) (Annex B)<br />
NOTE Any period of enhancement is excluded from the calculation of the premium for GMP<br />
cover.<br />
fam\5.7b (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.7 Annex B<br />
A man joined the PCSPS on 6 April 1985.<br />
Example<br />
1<br />
<strong>The</strong> member was credited with 6 years’ reckonable service.<br />
(Notional start date 6 April 1979.)<br />
<strong>The</strong> member retired on 5 April 1990 with 11 years’ reckonable service.<br />
Premiums for PCSPS cover: 5 x 30% x PCSPS post-retirement pension<br />
11<br />
Premium for GMP cover: 5 x 20% x widow’s GMP<br />
12<br />
<strong>The</strong> GMP under the previous pension scheme actually covered a period of 7 years since 6 April<br />
1978. (Total contracted-out service = 12 years.)<br />
Example<br />
2<br />
<strong>The</strong> member in example 1 had been married, but his marriage ended on 5 April<br />
1988.<br />
Premiums for PCSPS cover: 2 x 30% x PCSPS post-retirement pension.<br />
11<br />
Premium for GMP cover: 2 x 20% x widow’s GMP<br />
12<br />
fam\5.7b (3) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.8<br />
5.8 Example of refund<br />
calculation<br />
(Chapter deleted)<br />
fam\5.8 (1) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.9<br />
5.9 Reserved rights: members in<br />
post on 30 November 1989<br />
<strong>The</strong> refund arrangements<br />
5.9.1 Members who met the following conditions were given a<br />
reserved right to be treated under the refund arrangements in operation<br />
before 1 December 1989 ( see 5.10).<br />
5.9.2 <strong>The</strong> reserved right applied only to the refund of contributions<br />
paid in respect of service on or after 6 April 1978 (men) or 6 April<br />
1988 (women). A refund of contributions paid in respect of service<br />
before that date was calculated in accordance with 5.5.<br />
5.9.3 To qualify the member was required:<br />
to have been in post on 30 November 1989; and<br />
to have left the PCSPS on or after 1 December 1989 and on<br />
or before 30 November 1991; and<br />
on leaving the PCSPS, to have been:<br />
- aged 60 or over; or<br />
- aged under 60 and leaving with immediate payment of a<br />
PCSPS pension or annual compensation payment.<br />
5.9.4 Details of the options given to members are set out in table 1.<br />
fam\5.9 (1) Issue 4: April 2006
Refunds: 5.9<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Table 1 <strong>The</strong> reserved right (members who left 1 December 1989 -<br />
30 November 1991)<br />
Age on leaving the PCSPS<br />
Refund of contributions in respect of service on or after<br />
6 April 1978 (men); 6 April 1988 (women)<br />
60 or over. Member could opt for a contribution refund to be calculated:<br />
in the way set out in 5.5; or<br />
under the arrangements which applied before 1 December<br />
1989 (if the refund under these arrangements was greater<br />
than that calculated under 5.5).<br />
Under 60<br />
with immediate payment of<br />
PCSPS pension or annual<br />
compensation payment.<br />
Member could opt for a contribution refund to be calculated:<br />
in the way set out in 5.5. This would be paid at age 60<br />
provided that the member remained unmarried or not<br />
entered into a civil partnership during the period from<br />
leaving the PCSPS until reaching age 60; or<br />
under the arrangements which applied before 1 December<br />
1989. This would be paid on leaving the PCSPS.<br />
5.9.5 Compound interest at the rate of 4% was applied throughout<br />
the calculation up to a date 6 weeks after the last day of service.<br />
5.9.6 Details of the two refund calculations were given to the<br />
member who then made an option on the form provided.<br />
5.9.7 <strong>The</strong> member had to sign the undertaking to repay the refund<br />
in the event of marriage or re-marriage (this also applies to civil<br />
partnerships from 5 December 2005) after retirement. ( see 5.11)<br />
fam\5.9 (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.10<br />
5.10 Refunds paid to<br />
unmarried members who<br />
left the PCSPS before 1 December 1989<br />
<strong>The</strong> refund arrangements<br />
5.10.1 A refund of widows’ and widowers’ pension contributions<br />
was paid to unmarried members when they left the PCSPS before 1<br />
December 1989 as follows:<br />
contributions paid in respect of service before 6 April 1978<br />
(men); 6 April 1988 (women). Contributions were refunded<br />
automatically as soon as possible after the last day of service;<br />
contributions paid in respect of service on or after 6 April<br />
1978 (men); 6 April 1988 (women). <strong>The</strong> main points<br />
concerning refunds of these contributions are set out in tables<br />
1 and 2. <strong>The</strong> refunds were paid as soon as possible after the<br />
last day of service.<br />
NOTE <strong>The</strong> reason unmarried members ceased to be entitled to<br />
automatic refunds was because of the obligation of the PCSPS to<br />
provide post-retirement widows’ pensions (from 6 April 1978) and<br />
post-retirement widowers’ pensions (from 6 April 1988).<br />
5.10.2 <strong>The</strong> undertaking to repay described in table 1 placed a legal<br />
obligation on the individual and these arrangements continue to apply<br />
to anyone who took a refund on this basis.<br />
NOTE If repayment is not made for any reason, only a postretirement<br />
widow’s or widower’s pension at the level of the<br />
Guaranteed Minimum Pension (GMP) is put into payment.<br />
(Since 1 December 1989)<br />
fam\5.10 (1) Issue 4: April 2006
Refunds: 5.10<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
5.10.3 <strong>The</strong> undertaking to repay is held by the employing<br />
department. <strong>The</strong> former member who signed an undertaking must<br />
notify the Paying Authority of a marriage or re-marriage.<br />
NOTE <strong>The</strong> Paying Authority informs the employing department<br />
when they are told of a marriage or re-marriage. <strong>The</strong> employing<br />
department is responsible for:<br />
seeking repayment of the refund, plus interest. <strong>The</strong> calculation<br />
is set out in 5.11; and<br />
passing the repayment to the Paying Authority for<br />
appropriation-in-aid of the <strong>Civil</strong> Superannuation Vote.<br />
Table 1 Refunds of contributions paid in respect of service after 6 April<br />
1978 (men); 6 April 1988 (women)<br />
Condition<br />
Application<br />
Eligibility<br />
Member who left the PCSPS:<br />
without qualifying for a pension; or<br />
at age 60 or over; or<br />
under age 60 with the immediate payment of a PCSPS pension or an annual<br />
compensation payment. (NOTE A)<br />
Application<br />
Members (apart from those who left before qualifying for a pension) had to apply<br />
for the refund.<br />
Members who did not apply lost the right to a refund under these arrangements,<br />
but may have rights under subsequent arrangements (see below).<br />
Requirement<br />
to repay<br />
Members (apart from those who left without qualifying for a pension) were<br />
required to sign an undertaking to repay the refund if they married or remarried<br />
during retirement. (NOTE B)<br />
<strong>The</strong> method of calculating interest on contributions to be repaid by the former<br />
member is set out in 5.11.<br />
NOTE A Men under 60 who left between 6 April 1978 and 31 July 1984. Refunds were paid<br />
during this period only to men leaving with an ill health pension or an annual compensation<br />
payment.<br />
NOTE B This was to make sure that the PCSPS received back the contributions in respect of<br />
service on and after 6 April 1978 (men); 6 April 1988 (women) when a post-retirement widow’s or<br />
widower’s pension became payable. When the member married or remarried during retirement<br />
the refund could not be paid again to the member even when the husband or wife died before the<br />
member.<br />
fam\5.10 (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.10<br />
Table 2 Calculation of refund<br />
Factor<br />
Calculation<br />
Contributions by members who had not qualified for an<br />
award<br />
Interest paid to<br />
the last day of<br />
service.<br />
Interest at 4%<br />
(compound)<br />
added to<br />
contributions to<br />
be refunded<br />
Members who<br />
qualified for an<br />
award<br />
Contributions in respect of<br />
service before 6 April 1978<br />
(men); 6 April 1988 (women)<br />
Interest paid to<br />
the last day of<br />
service.<br />
Contributions in respect of<br />
service paid on or after 6 April<br />
1978 (men); 6 April 1988<br />
(women)<br />
Interest paid to a<br />
date 6 weeks<br />
after the last day<br />
of service.<br />
Income tax<br />
Member left the<br />
PCSPS 1 June 1988<br />
to 30 November<br />
1989<br />
Member left the<br />
PCSPS before<br />
1 June 1988<br />
Income tax at 20% was normally deducted from the<br />
refund (contributions plus interest).<br />
<strong>The</strong> exceptions are given in table 3.<br />
Income tax at 10% was normally deducted from the<br />
refund (contributions plus interest).<br />
<strong>The</strong> exceptions are given in table 3.<br />
NOTE A Unmarried civil servants who left the PCSPS before 6 April 1978 received an automatic<br />
refund of contributions as soon as possible after the last day of service. Interest at the rate of<br />
3% was added.<br />
NOTE B Reserved rights to pre-1 December 1989 arrangements. (<strong>The</strong> member must have left<br />
before 1 December 1991.) An interest rate of 4% is used throughout the calculation in respect of<br />
contributions paid to cover service from 6 April 1978 (men); 6 April 1988 (women). (5.9)<br />
Table 3 Circumstances when no reduction was made for income tax<br />
Circumstances<br />
Contributions which were originally<br />
paid before 6 April 1973.<br />
Income tax deducted<br />
No reduction was made for income tax on either the<br />
contributions or the interest paid on the refund. This was<br />
because such contributions were not given tax relief.<br />
Members with more than 75% of<br />
service in an overseas country.<br />
No reduction was made for income tax.<br />
Enhancement of service.<br />
No reduction was made at <strong>Service</strong> for income tax as the<br />
lump sum received only limited tax relief.<br />
Following the death of the member<br />
or former member.<br />
No reduction was made for income tax when the refund<br />
was paid to a personal representative.<br />
fam\5.10 (3) Issue 4: April 2006
Refunds: 5.10<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Unmarried members who did not receive a refund<br />
5.10.4 Under the refund arrangements before 1 December 1989, the<br />
following members were not entitled to a refund of contributions in<br />
respect of service from 6 April 1978 (men); 6 April 1988 (women):<br />
members who left the PCSPS with a preserved award;<br />
members who were retired early on redundancy (between<br />
6 April 1978 and 31 July 1984), and:<br />
- were over 55 and in a non-mobile grade; and<br />
- opted for the immediate payment of preserved benefits;<br />
members who were retired early for inefficiency (between<br />
6 April 1978 and 31 July 1984), and:<br />
- were over 55; and<br />
- opted for the immediate payment of preserved benefits;<br />
members who retired voluntarily under a scheme of<br />
voluntary early retirement (between 6 April 1978 and 31 July<br />
1984).<br />
5.10.5 <strong>The</strong>se members may be eligible for a refund under the refund<br />
arrangements which now operate. To qualify the member must:<br />
have left the PCSPS before 1 December 1989;<br />
have been unmarried on leaving the PCSPS; and<br />
have remained unmarried until reaching age 60.<br />
5.10.6 Before 1 December 1989, members who were eligible for a<br />
refund of contributions were required to apply for it. A refund is<br />
payable (under the arrangements which now operate) to any member<br />
who did not apply to receive one under the previous arrangements.<br />
<strong>The</strong> refund is not payable until the person reaches age 60.<br />
NOTE <strong>The</strong> Paying Authority advises former members who have left<br />
the PCSPS with a preserved pension as follows:<br />
when the preserved award comes into payment at age 60. <strong>The</strong><br />
Paying Authority explains the new arrangements when the former<br />
member reaches the retiring age and applies for benefits;<br />
when a preserved award is in payment before the 60 th birthday.<br />
<strong>The</strong> Paying Authority contacts the former member and explains the<br />
new arrangements when the former member reaches age 60.<br />
fam\5.10 (4) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.10<br />
<strong>The</strong> Paying Authority passes details of those who are eligible to the<br />
awarding authority so that they can be considered as<br />
unmarriedmembers who retire before age 60 ( see 5.2).<br />
5.10.7 Table 4 gives the interest rates and the interest period<br />
applicable to contributions refunds where a former member who has<br />
qualified for a pension now reaches age 60 and takes a refund under<br />
the current arrangements.<br />
Table 4 Last day of service 6 April 1978/88 to 30 November 1989<br />
Circumstances Interest calculated up to: Rate of interest<br />
Immediate payment of benefits. Last day of service. 4%<br />
Immediate payment of benefit.<br />
Members were eligible for a refund<br />
under pre-1 December 1989<br />
arrangements but did not take it.<br />
(NOTE A)<br />
Preserved award<br />
(contributions paid for service from<br />
6 April 1978/88). (NOTE A)<br />
Last day of the month in<br />
which the awarding<br />
department receives the<br />
application.<br />
6 weeks after 60 th birthday.<br />
(NOTE B)<br />
4% to last day of service;<br />
5 % after last day of<br />
service to<br />
31 March 1990;<br />
BS from 1 April 1990.<br />
NOTE A 6 April 1978/88 means 6 April 1978 (for a man) and 6 April 1988 (for a woman).<br />
NOTE B Members who were unmarried for all or part of their service before 6 April 1978/88 will<br />
have received a refund for contributions in respect of that service at the time they left the<br />
PCSPS, with interest at 4% applied to the last day of service.<br />
NOTE C Where a pension was already in payment to a former member who was aged 60 or<br />
over at the time the revised refund arrangements were introduced on 1 December 1989, the<br />
interest was calculated up to the last day of the month in which the awarding department<br />
received the refund application. Such former members were invited to apply for a refund as part<br />
of a special exercise.<br />
NOTE D When the member had not qualified for a pension, interest at the rate of 4% was added<br />
up to the last day of service. A refund was not payable when the member had applied to transfer<br />
accrued pension benefits out of the PCSPS.<br />
fam\5.10 (5) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.11<br />
5.11 Repaying a refund<br />
When refunds must be repaid<br />
5.11.1 Refunds of contributions must be repaid by certain former<br />
members in the following circumstances:<br />
on marriage or entering into a civil partnership; or<br />
on asking for a transfer value payment (5.2); or<br />
on rejoining the PCSPS after a short break.<br />
Repaying a refund on marriage or civil partnership<br />
5.11.2 This applies to former members who signed an undertaking to<br />
repay their refund of contributions on marriage or remarriage and this<br />
also applies to former members entering into a civil partnership.<br />
5.11.3 An undertaking to repay the refund of contributions (on<br />
marriage or remarriage) was made by unmarried members who:<br />
left the PCSPS between 6 April 1978 (men); 6 April 1988<br />
(women) and 1 December 1989 (5.10); or<br />
exercised the reserved right to the pre-1 December 1989<br />
terms before 30 November 1991 (5.9).<br />
This also applies to members entering civil partnerships as<br />
from 5 December 2005.<br />
5.11.4 <strong>The</strong> calculation is explained in Annex A.<br />
fam\5.11 (1) Issue 4: April 2006
Refunds: 5.11<br />
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Repaying a refund on asking for a transfer value<br />
5.11.5 No spouse’s or civil partner’s pension contributions are<br />
refunded when a member applies for a transfer value to be paid to<br />
another scheme when leaving the PCSPS.<br />
NOTE This is because provision for the spouse’s or civil partner’s<br />
pension is included in the transfer value.<br />
5.11.6 When a member asks for a transfer value payment to be made<br />
after a refund has been paid, the member has the option of:<br />
repaying the refund with interest; or<br />
retaining the refund. In this case a deduction is made from<br />
the retirement lump sum before the transfer value is<br />
calculated.<br />
5.11.7 <strong>The</strong> calculation is explained in Annex A.<br />
Further<br />
information<br />
Transfer values.<br />
Information<br />
Reference<br />
Pensions Manual<br />
Transfers from the PCSPS: 4.4 Annex B<br />
Repaying a refund on re-employment after a short<br />
break<br />
5.11.8 <strong>The</strong> refund must be repaid when a former member re-joins the<br />
PCSPS on re-employment in the <strong>Civil</strong> <strong>Service</strong> after a break not<br />
exceeding 6 months (or pregnancy/confinement terms).<br />
NOTE This does not apply to members who left the PCSPS<br />
between 6 April 1975 and 5 April 1978.<br />
5.11.9 Repayment (without interest) must be made:<br />
by the payment of a single lump sum within 3 months of the<br />
start of re-employment. A decision to repay by lump sum<br />
must be taken before or immediately on re-employment; or<br />
by deduction from pay of equal instalments over a period of<br />
no longer than 5 months starting from the date of reemployment.<br />
fam\5.11 (2) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions Refunds: 5.11<br />
Further<br />
information<br />
Information<br />
Compulsory aggregation: Members who left<br />
between 6 April 1975 and 5 April 1978.<br />
Reference<br />
Pensions Manual<br />
<strong>Service</strong> & Pay: 6.2 Annex A<br />
Action by departments<br />
5.11.10 Employing departments are responsible for:<br />
calculating the amounts to be repaid to the PCSPS; and<br />
seeking repayment from the former member.<br />
5.11.11 Repayments must be passed to the Paying Authority for<br />
appropriation-in-aid of the <strong>Civil</strong> Superannuation Vote.<br />
fam\5.11 (3) Issue 4: April 2006
Spouses’ & <strong>Civil</strong> Partners’ Pensions<br />
Refunds: 5.11 Annex A<br />
Table 2 Compound interest calculation<br />
Period<br />
Amount<br />
£<br />
Interest (Note A)<br />
£<br />
Total<br />
£<br />
11.2.90 - 31.3.90<br />
(49 days)<br />
2560 17.18 (5% x 49)<br />
(365)<br />
2577.18<br />
1.4.90 - 31.3.91 2577.18 159.79 6.2% 2736.97<br />
1.4.91 - 30.9.91<br />
(183 days)<br />
2736.97 90.57 (6.6% x 183)<br />
(365)<br />
2827.54<br />
total interest 267.54<br />
NOTE A Compound interest rates 5% to 31.3.90<br />
Annual BS rate (table 3) from 1.4.1990<br />
Table 3 †<br />
Year<br />
Annual BS rate<br />
Interest rate<br />
%<br />
1990-91<br />
1991-92<br />
1992-93<br />
1993-94<br />
1994-95<br />
1995-96<br />
1996-97<br />
1997-98<br />
1998-99<br />
1999-00<br />
2000-01<br />
2001-02<br />
2002-03<br />
2003-04<br />
2004-05<br />
2005-06<br />
2006-07<br />
2007-08<br />
2008-09<br />
2009-10<br />
2010-11<br />
2011-12<br />
2012-13<br />
2013-14<br />
6.20<br />
6.60<br />
3.35<br />
1.50<br />
0.66<br />
4.04<br />
4.17<br />
3.58<br />
4.34<br />
5.03<br />
3.93<br />
4.36<br />
3.75<br />
2.95<br />
2.68<br />
3.21<br />
3.39<br />
3.34<br />
3.91<br />
3.13<br />
0.94<br />
1.03<br />
1.18<br />
1.19<br />
_______________________<br />
†<br />
Reproduced in 5.6<br />
fam\5.11a (4) Issue 4: April 2006