What is trivial commutation?
Trivial commutation only applies to:
- salary-based (defined benefit) pension plans. These are pensions provided by an employer from which the pension paid out to you is based upon how long you were with the scheme and how much you earned; or
- certain employers’ defined contribution schemes (those that built up a pot of money) where a small pension is already being paid out to you. Note that the pension scheme has to be paying you the pension direct (called ‘in house’) – that is, the pot of savings has not been used to buy an annuity (an annuity is a regular income, usually paid for your lifetime by an insurance company).
When you first become entitled to your pension, many pension providers offer the opportunity to convert the whole (100%) of a ‘small’ pension into a one-off cash payment. This is known as ‘trivial commutation’ and the cash received as a ‘trivial commutation lump sum’.
A quarter (25%) of the value of most pension schemes can be converted into tax-free cash when the pension starts to be paid. This is the same for trivial commutation lump sums. A quarter (25%) will be free of tax and the remaining three quarters (75%) will be taxable as normal income in the year in which it is paid.
If a trivial commutation lump sum is paid in exchange for a pension already in payment, all of it will be taxable as normal income in the year in which it is paid.
What are the rules of trivial commutation?
You need to think about these rules of trivial commutation:
- trivial commutation now applies only to ‘defined benefit’ pensions or certain other employer small pensions that are already being paid out.
- the minimum age is 55, unless you meet certain ill-health conditions, or have a protected pension age due to your occupation – in which case, you may be able to get the money earlier;
- all of your pensions must be worth £30,000 or less. See Can you explain the £30,000 limit? for how this is worked out;
- you have 12 months from the date of taking the first trivial commutation lump sum to take any others. If you have had a trivial commutation payment in the past and more than 12 months has passed since, you cannot have another.
- you do not need to cash in all of the pensions you have, but you must cash in the whole of any one pension that is being commuted. That means you could not, for instance, take £20,000 out of a £29,000 pension pot and leave the rest.
Can you explain the £30,000 limit?
To work out whether you can have a trivial commutation payment from a defined benefit pension, you have to work out whether all of your pensions – from any type of pension scheme, including personal pensions – are within the £30,000 limit. This includes valuing previous lump sums you have received from pensions, or pensions that are already being paid out to you as regular income.
In working out the £30,000 limit, you can ignore past lump sum payments you have taken under the small pots rules.
The date at which all of your pensions are valued can be up to three months before you take the first commutation payment.
How to work out whether your pensions are within the £30,000 limit depends on whether you are already receiving income from the pension or not.
For pensions not yet in payment
You can get a valuation for pensions which are based on your earnings and how long you were a member of the employer’s pension scheme (‘defined benefit’ pensions) from the scheme’s administrators. You should say that you need it for trivial commutation.
Personal pension valuations can be obtained from the insurance company that the pension is with.
For pensions already in payment
As long as you meet the overall trivial commutation criteria, you can take a lump sum from an employer’s ‘in house’ pension scheme that is already in payment. To work out whether you are within the £30,000 limit, you will also need to value any other pensions already being paid.
To test against the £30,000 limit, pensions being paid are valued at 20 times the annual pension income. For example, a pension of £750 a year would be valued at £15,000 (20 x £750). If you received a tax-free lump sum when the pension commenced, the amount of the lump sum is added to this value. See the example of Mel below. Please note that this valuation is for testing against the limit for tax purposes only and may not be the same as the commercial value of the scheme.
If you started receiving your pension before 6 April 2006, these are normally valued at 25 times the annual pension income as it was on 5 April 2006, and you do not need to add on any previous lump sums.
If you get a formal offer of commutation from a pension provider, you must get formal offers of commutation for all of the pensions you wish to commute within three months of the date of that first offer, and the first of them must actually be cashed in within that three-month period. See the example of Kim below.
If you do not cash in the first pension within three months of the first offer, you will have to get new offers and valuations (start the whole process again). Bear in mind, however, that many scheme administrators will not provide another valuation within 12 months.
What are the small pots and other rules?
As explained above, the trivial commutation rules apply only to certain occupational pensions.
However, there are ‘small pots’ rules which can also apply to both these and other occupational and personal pensions in which you build up a pot of value (called money purchase or defined contribution schemes).
If you are a member of occupational pension schemes, any number of ‘small pots’ can be paid out as a lump sum to you, as long as the schemes are each valued at £10,000 or less. If the value of a single pot is over £10,000, and the scheme qualifies, the trivial commutation rules might instead apply.
For personal pensions, up to three pots worth up to £10,000 each can also be cashed in under the ‘small pots’ rules.
As with trivial commutations, if you take lump sums under the small pots rules, you must take the whole value from each pension pot at once – you cannot take it in stages. If you do not want to take the whole value at once, the pensions flexibility rules might be more appropriate for you.
The key point to the encashments being treated as small pots rather than pensions flexibility payments is that you will not then be restricted to the money purchase annual allowance of £4,000 a year on future pension contributions.
Some other payments can be taken from pensions:
- payments which are made to rectify an error;
- additional payments of up to £18,000 on the winding up of an occupational pension scheme or of up to £30,000 to a beneficiary on death of the person entitled to the pension where the beneficiary is entitled to a dependant’s pension or is entitled to inherit the pension of the deceased in part or in whole. These additional payments are not subject to the condition that they must be taken on or after your 55th birthday nor do they have any impact on any other trivial commutations which you may take;
- certain lump sum payments made in the event of serious ill-health.
Can I use pension flexibility instead?
You might be able to use thepension flexibilityrules instead forprivate sectorsalary-based (defined benefit) pension plans if you first transfer the value to a defined contribution scheme. You will have toget advicebefore doing so unless your transfer value is under £30,000.
But if you are a member of apublic sectordefined benefit scheme, except for a local government scheme, transfers to defined contribution schemes will be restricted. (Although such transfers may be allowed in very limited circumstances.)
You will need to talk to your pension provider to establish the exact position in relation to the scheme that you are a member of.
For pensions already in payment, the answer is no – pension flexibility does not allow you to take a lump sum. Your only option is trivial commutation.
Do I have to pay tax on trivial commutation and small pots lump sum payments?
The pension payer will deduct tax under Pay As You Earn (PAYE) from the taxable part of the lump sum at the time of making the payment to you. How much tax is taken depends on your circumstances:
- If the trivial commutation lump sum comes from a pension scheme operated by your former employer – either their own scheme, or one operated for them by a specialist pension provider – the pension payer will normally deduct tax on the basis of the tax code that applied to your earnings immediately before retirement;
- In most other circumstances, the pension payer must deduct tax from the trivial commutation lump sum using a basic rate tax code. This means that the pension payer must deduct tax from the taxable part of the lump sum at a flat rate of 20%. So, let’s say your trivial commutation lump sum is £10,000, £2,500 of that is tax free and £7,500 is taxable. Using the basic rate code, tax of £1,500 will be taken off (£7,500 x 20%).
In both cases the pension payer will operate the tax code on what is called a non-cumulative basis – in other words, the tax code takes no account of any unused tax allowances or how much tax you have paid so far in the tax year. As a result, you could pay the wrong amount of tax on your lump sum. A basic rate code should give broadly the right tax deduction in many cases, but you may still need to check your position carefully.
The pension payer must provide you with a form P45, as if you were leaving a job, showing the taxable part of the trivial commutation lump sum and the amount of tax deducted. If your pension provider does not send you this, contact them and, if need be, refer them to HM Revenue & Customs’ (HMRC) Manuals PAYE93080, where it is confirmed that the pension provider should issue form P45 for trivial commutations.
How do I claim a refund from HMRC?
You might pay the wrong amount of tax under PAYE when you receive a trivial commutation lump sum payment. Normally, HMRC will check your tax position based upon what they know about you at the end of each tax year and make any repayment due to you then. But you need to take care and check that any tax calculation and refund you receive from HMRC is correct.
If you are certain that you have paid too much tax, you can apply to have a tax refund before the end of the tax year. To do this, you should contact HMRC and ask them to send you a form P53 for completion. Or you can access the P53 claim form online in a number of ways:
- Claim online – complete form P53 online if you have, or set up, a Government Gateway account;
- Fill in a P53 online and then print out to send to HMRC; or
- Print out a blank P53 to fill in by hand and then post to HMRC
Form P53 asks you to provide details of your taxable income for the whole of the tax year in which you receive the trivial commutation lump sum. This will probably require you to provide estimates of your income and tax deducted or paid for the rest of the year.
You should return the form to HMRC, together with parts 2 and 3 of the form P45 given to you when you received the trivial commutation lump sum.
If you do not complete a Self Assessment tax return, HMRC may ask you to complete a second form P53 after the end of the tax year to show actual figures and will make any necessary adjustments thereafter.
If you are not resident in the UK for tax purposes, for example if you have retired abroad, the above arrangements will not be applicable to you. Instead you should contact HMRC and ask to be sent a form R43. Alternatively you can download a form R43 from GOV.UK. You may be able to claim relief under a double taxation agreement. There is more information on how to do this on GOV.UK.
Are there any other issues I need to consider?
Trivial commutation and taking small pot lump sums are full of rules which can trip you up. Some further issues which you should consider are covered in the next few paragraphs.
Interaction with other tax matters, tax credits and state benefits
The issues to consider when taking a trivial commutation and small pots lump sums are the same as for pensions flexibility. See our pensions flexibility page for information about possible impacts on tax allowances, tax credits, child benefit and other state benefits.
When to take a trivial commutation or small pot payment
It is possible to take a trivial commutation or small pot lump sum from age 55 onwards (unless you meet certain ill-health conditions, or have a protected pension age due to your occupation – in which case, you may be able to get the money earlier).
Delaying the decision to take a trivial commutation or small pot lump sum to a later tax year might produce a saving in taxes, depending on your circumstances. For example, in the tax year in which you retire, you might have higher taxable income and therefore potentially fall into a higher tax band, than you might in the tax year following retirement.
If you require specialist tax advice and can afford to pay for help, you may need to find a Chartered Tax Adviser. Even then, the addition of the taxable part of the trivial commutation or small pot payment to your other income could easily move you into a higher tax band. If professional fees are disproportionate to your income and circumstances, you can seek advice from Tax Help for Older People or TaxAid.
If you have a number of small pension policies it may be advantageous to cash them in over two tax years, but it is important to remember the 12-month rule if you are taking them under the trivial commutation rules. If they are small pots of less than £10,000 each in value, you can take them in addition to the £30,000 trivial commutation limit – and there is no time limit on doing so.
Payments just outside the trivial commutation lump sum limits
Usually your pension provider will not make a payment which takes you over the limit. But be very careful, because if, as a result of receiving several trivial commutation payments, your total lump sum exceeds the £30,000 limit – and assuming none are additional ‘allowed’ payments – then all of the trivial commutation lump sum payments you receive may become subject to a penalty rate of taxation of 40% or even 55%. This is particularly important to be aware of when commuting several pensions on separate occasions within the 12-month commutation period. Insurance companies are unlikely to reverse a commutation once paid unless you can show error on their part.
Kim, age 62, has pensions not yet in payment under three registered defined benefit pension schemes A, B and C, which are worth £3,000, £12,500 and £14,000 respectively. Kim is not in receipt of any pension in payment.
The rules of all three of her pension schemes allow the commutation of trivial pensions.
Kim wants to commute her benefits as soon as possible in the 2022 calendar year and in order to do this her pension benefits must be valued within a three-month period ending on the date the first trivial commutation lump sum is paid.
Kim’s pension rights are valued on 5 May 2022 at £29,500. To be a valid valuation, the first trivial commutation lump sum payment must be paid before 5 August 2022, within three months of the valuation.
Kim does not have to take her benefits as a trivial commutation lump sum from each scheme. She may choose to take her benefits under one or two of the schemes and not the other(s). But it must be an all-or-nothing decision in relation to each of the schemes, that is, all the arrangements within an individual scheme – A, B or C – must be paid as a trivial commutation lump sum, or none of them.
Kim decides to draw all her benefits under scheme B (£12,500) and C (£14,000) as trivial commutation lump sums. The benefits under scheme B are paid out as a trivial commutation lump sum on 2 June 2022.
The date this first payment is made will be the first day of the 12-month commutation period. Kim must draw any further trivial commutation lump from her remaining registered pension schemes before the end of the day on 1 June 2023.
Any payment from scheme C must therefore be paid by that date and must represent all her rights deriving from any number of policies under that scheme.
The benefits under scheme C are actually paid on 5 March 2023, within the commutation period.
Kim decides to leave the benefits held under scheme A, although she could have chosen to cash that in under the additional ‘allowed’ payments rules if she wished. If she did want to later cash in scheme A, she might still be able to do so under those separate rules, as long as the value of that scheme remains within the £10,000 ‘small pots’ limit.
Mel, who is 58 in the tax year 2022/23, has defined benefit pensions not yet in payment from schemes X, Y and Z with capital values of £4,000, £12,100 and £13,000 respectively (£29,100 in total) on 5 April 2022.
She also receives a pension of £1,000 from scheme W, which started in the 2015/16 tax year. At the time the scheme pension started Mel was also paid a tax-free lump sum of £2,400.
Her pension rights from scheme W are valued at £22,400 (20 times £1,000 plus £2,400).
This means Mel’s total pension rights are worth £51,500 (£29,100 and £22,400) on 5 April 2022 and this is much more than the commutation limit of £30,000. So none of Mel’s benefits under scheme Y or Z may be commuted and paid as a trivial commutation lump sum, nor can her pension in payment from Scheme W be commuted.
Mel should, however, be able to commute her pension under scheme X under the additional £10,000 ‘small pots’ limit.
Yanette has a personal pension pot of £16,500 and a defined benefit pension which the scheme administrators have valued at £13,000.
Her total value in registered pension schemes is therefore £29,500. This means she can take a lump sum from the defined benefit scheme of its full value under the trivial commutation rules. She can also cash in her personal pension under the pensions flexibility rules, if she wants. She does not have to cash both in within 12 months, as her decision relating to the personal pension has no bearing on the trivial commutation rules. The only affect it has is to be included in the valuation of her total pensions for trivial commutation purposes to see whether she falls within the £30,000 limit.
Yanette will also need to bear in mind that she might pay less tax if she does not take all of her pensions out at once. The full value of the defined benefit scheme has to be taken at one time (as it is a condition of the trivial commutation rules that the payment ‘extinguishes’ the benefit in the scheme), but the personal pension may be taken in stages so that she achieves a better tax result.
Where can I find more help?
This can be a complex area of tax law and practice. For help on the tax aspects of trivial commutation and small pots lump sums, including filling in forms, if you are aged 55 or over and cannot afford to pay for tax advice, you can contact Tax Help for Older People for assistance.
For benefits issues, you might be able to get help from an advice agency such as Citizens Advice. Find further contact details on our getting help page.
For queries about the technical issues surrounding trivial commutation, for example, valuations of pension schemes, your first contact should be with your pension provider(s).
The Bottom Line. The risk of outliving a one-time lump-sum payment means there are very few good reasons to cash out your pension besides a below-average life expectancy. Withdrawing your pension before retirement can also result in unplanned taxes and penalties.How do you cash out a pension? ›
Cashing in a pension usually only becomes possible at age 55. At this point some or all of your pension funds can be used to buy an annuity, set up a drawdown arrangement, accessed as cash, or you can opt for a combination of these options. Ruth Jackson-Kirby, Tim Leonard Last updated on 14 March 2022.Can I cash out my pension if I leave my job? ›
Question: Can I get my pension money if I am laid off? Answer: Generally, if you are enrolled in a 401(k), profit sharing or other type of defined contribution plan (a plan in which you have an individual account), your plan may provide for a lump sum distribution of your retirement money when you leave the company.Can you cash out a pension before retirement? ›
In addition to paying income tax, you will owe an additional 10 percent penalty tax, if you take a lump-sum payout before age 59½. Act: If you don't need all the money immediately, consider rolling it over into a qualified retirement account.When can I cash in a small pension? ›
You can start taking money from most pensions from the age of 60 or 65. This is when a lot of people typically think about reducing their work hours and moving into retirement. You can often even start taking money from a workplace or personal pension from age 55 if you want to.Can I close a small pension? ›
You don't have to remain a member of your pension scheme and can stop paying contributions at any time. Remember that your employer will also stop paying into it too. If you stop paying contributions, or leave your employer, you're treated as having left their workplace pension scheme.How much will I get if I cash in my pension? ›
When you take your entire pension pot as a lump sum – usually, the first 25% will be tax-free. The remaining 75% will be taxed as earnings.Can I withdraw my pension to my bank account? ›
A pension cannot be transferred to a bank account in the same way it can to a different pension scheme. To place your money into a bank account, you would need to withdraw the funds, and to do so you must be 55 or over and have an eligible scheme.Can I cash in my pension at 35? ›
The first factor affecting when you can withdraw your pension is your age. Generally, you'll need to wait until you're 55 to access your private pension - this includes most defined contribution workplace pensions. You won't be able to access your State pension until you reach State pension age - currently 66.What happens to my pension when I quit? ›
If you have a defined-benefit (DB) pension, you will typically have the option to either leave the pension where it is or transfer it to a new employer's plan. If you have a defined-contribution (DC) pension, you will usually be able to take your account balance with you and invest it elsewhere.
Leaving your pension scheme happens when you leave your employer, you decide to opt out of the scheme, or you stop making contributions to it. What you've built up still belongs to you. You usually have the option to keep the pension where it is or move it to another pension scheme.Can I cash in a pension from an old employer before 55? ›
Can I cash in a pension from an old employer? Yes – any money you've built up in an employer pension is yours, even if you've since left that employer. Once you reach your normal minimum pension age, you should be able to take your money out of your pension.What is a small pension lump sum? ›
A small pot payment (properly called 'small lump sum') can be made from any arrangement, whether the rights are uncrystallised or comprise a pension in payment, irrespective of the overall value of the individual's pension's worth. Up to three small non-occupational pensions (personal pension plans etc.)How much tax do I pay on a pension lump sum? ›
Generally, the first 25% of your pension lump sum is tax-free. The remaining 75% is taxable at the same rate as income tax. The tax-free lump sum does not affect your personal allowance. In this post, we will break down some of the details which will affect how much tax you pay on your lump sum.What can I do with my small pension if I quit my job? ›
There are two ways to move your old plan's balance to a new plan or to an IRA. You can: ask the old plan's trustee to directly transfer the balance to your new plan or an IRA, or. request a lump-sum distribution of the balance from the old plan and then deposit it into the new plan or IRA within 60 days.What is the small pension rule? ›
Small pension. When a member's employment ends, their pension is considered a small pension if, in the year their employment ended: their annual pension is equal to or less than 4% of the Year's Maximum Pensionable Earnings (YMPE), or. the commuted value of their pension is less than 20% of the YMPE.How much money is usually in a pension? ›
A typical multiplier is 2%. So, if you work 30 years, and your final average salary is $75,000, then your pension would be 30 x 2% x $75,000 = $45,000 a year. That $45,000 becomes your guaranteed lifetime income.Can I cash in my pension at 25? ›
Pension release under 55
Taking your pension before 55 isn't against the law, but it's not recommended due to the large fees you'll be charged. You also risk running out of money before retirement and having to work much longer than you'd planned.
Typically, you can not withdraw from your pension before the age of 55. But, withdrawal exceptions depend on your health and pension scheme. For example, terminally ill individuals with a life expectancy of less than a year can withdraw from their pension before age 55.Can I unlock my pension? ›
Yes, as long as all the conditions for unlocking under the relevant option(s) are met. For example, if after using the one-time 50% unlocking option, the amount left in the Restricted Life Income Fund meets the small balance requirements, then that option can be used, either in the same year or in any subsequent year.
Taking lump sums will affect your future contributions
If you think you might want to top up your pension pot in the future, for instance because you want to keep working part time, then you need to be aware that taking money out in lump sums could affect the amount you can pay in and receive tax relief on.
If you have a defined contribution pension (the most common kind), you can take 25 per cent of your pension free of income tax. Usually this is done by taking a quarter of the pot in a single lump sum, but it is also possible to take a series of smaller lump sums with 25 per cent of each one being tax-free.Is it better to take small pension and larger lump sum? ›
It's worth being aware that taking a large lump sum from your pension could reduce any entitlement you have to state benefits now, or in the future. This is because some state benefits are based on the income you have coming in, and the amount of savings you have.How much tax will I pay on a pension cash out? ›
Mandatory income tax withholding of 20% applies to most taxable distributions paid directly to you in a lump sum from employer retirement plans even if you plan to roll over the taxable amount within 60 days.How much lump sum can I take from my pension tax-free? ›
The maximum tax-free lump sum is generally 25% of the capital value of your pension benefits.How much is the average pension per month? ›
The average income for U.S. adults 65 and older is $75,254. The median income for U.S. adults 65 and older is $47,620. Average annual expenses for adults 65 and older are $48,872. The average monthly Social Security benefit for retired workers is $1,681 and is set to rise to $1,827 in 2023.What is a good pension amount? ›
A good pension income will be dependent on your own circumstances and finances but, as a guide, a good starting point would be around 2/3 of your working salary.What is the average pension payout? ›
Average Retirement Income In 2021
According to U.S. Census Bureau data, the average retirement income for retirees 65 and older in the United States decreased from $48,866 in 2020 to $47,620 in 2021.
Yes. There is nothing that precludes you from getting both a pension and Social Security benefits. But there are some types of pensions that can reduce Social Security payments. Get instant access to members-only products and hundreds of discounts, a free second membership, and a subscription to AARP the Magazine.Should I cash in my pension? ›
You are less likely to be pushed into a higher income bracket if you spread out your withdrawals and take smaller cash sums over several years. This means you could pay less tax. When you cash in your pension, there's a strong possibility that you will end up paying more tax than you need to at first.
You can take money from your pension pot as and when you need it until it runs out. It's up to you how much you take and when you take it. Each time you take a lump sum of money, 25% is tax-free. The rest is added to your other income and is taxable.