GENIE WINTER 2008

'INVESTMENT LIFE AFTER AGE 75'

When the Government changed the tax rules for pensions last year, in a less than successful attempt
to achieve simplification, it removed the need for pension investors to use their pension funds to buy an annuity by no later than the age of 75. However, this largesse was quickly followed by the rider that any funds remaining after the death of the pension holder and his spouse or civil partner would be subject to 82% tax.

This is likely to cause most people to throw in the towel and buy an annuity before age 75. But there are some people for whom there could be advantage in the alternative of hanging on and maintaining the pension fund in what is called an Alternatively Secured Pension (‘ASP’).

The ability to draw income from the fund is not a major advantage. The maximum income is capped at a lower rate than that permitted under pension income drawdown before the age of 75.

However, ASP does enable savers to keep control of their pension investments and to keep their options open as to whether or when to annuitise. Annuity rates do fluctuate and the timing of annuity purchase can make a big difference to the level of income received. Also, the investor’s health might deteriorate, enabling him or her to obtain the improved rates available under what are called impaired life annuities. Someone in their 80s suffering from a serious illness which reduces their life expectancy to two or three years could obtain annuity rates of 30% to 40%.

ASP can also be useful to couples with a significant age difference. If a 75 year old man were to purchase a joint life annuity on the lives of himself and his 50 year old wife, the rate could be up to 40% lower than if he were to buy an annuity on his own life alone and leave the remainder of his pension fund in ASP so that his wife can buy her own annuity after his eventual death. No tax is payable on an ASP fund which is inherited by a spouse or civil partner.

Although not something to pin one’s hopes on, there is also the possibility that at some point in the future the rules may be changed and the 82% tax rate on death, which many consider to be unjust and unnecessary, may be scrapped. Hope springs eternal!

Graham Thomas