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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

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