Re: How to pay into a public sector pension and *not* get tax relief (Pre-A-Day)

May 29, 2006 4 Replies


"Alan Frame" wrote


> > Ho hum.
> >
> > Child born just before start of tax year - mother on maternity leave
> > (Normal & additional - i.e. last six months unpaid) for all of 05-06. > >
> > Decides to buy back teachers pension rights for that time, send
> > off cheque to TPS, told as it's a "Method B" lump sum, it's paid
> > gross and tax relief should be claimed from HMRC (I know
> > it's strange, but that's what they say - even for basic-rate tax) > >
> > HMRC reply that no tax-relief available as earnings were
> > not high enough (no surprise as only earnings were 26-weeks
> > SMP) to have paid sufficent income tax in the first place.
>
> Hmmmm. Pre-A-Day, the total of normal pension
> contributions, plus "Method B" lump sums, plus any
> "Method A" regular contributions, plus any FSAVC
> premiums, had to be within the "15% of earnings" limit.

With you there - one would hope that TPS can calculate the correct figure - we asked 'em "How much to make up for reduction in pension caused by maternity leave?" and paid what they asked...


If earnings were too low to have paid the
> relevant amount of income tax, then is the
> "Method B" lump sum under 9% of earnings?
> [Assuming normal 6% member
> contributions already paid to TPS.]

... during AML, the 6% isn't paid, AFAIK - in fact the amount was in the order of (15% salary minus fractional contribution/deduction on SMP)


Maybe you've found the problem -



IMO, Yes, if "earnings" are "normal contractual salary", but No if "earnings" are "actual amount recieves during tax year:period of Standard/Additional Maternity Leave", 'cos that was notmuch/zero.



Do TPS use the former meaning, but HMRC the latter?



No FSAVCs or Method A additional contributions, BTW.



I can't believe that buy-back for maternity leave is an uncommmon situation.



Thanks, 'shoulda Stake'd/SIPP'd it' Alan


"Alan Frame" wrote

"Alan Frame" wrote

I believe they both use the latter.

Were the Method B contributions paid *during* the period of ML, or after returning to work? If during ML, then they may actually be "illegal"... [Classed as "Overcontributions".]

"Alan Frame" wrote

Acccording to my source for TPS, :- "Unusually if there is no pay during a maternity leave, there is no facility to buy back benefits by paying missed contributions."

[The "Method B" contribution is just a general "buy-back" system used in TPS, independent of Maternity...]
[ buy back teachers pension .. maternity leave .. no tax-relief]

Ah!

During - SO has *not* returned to work, and payment was made during AML

- TPS /were/ told that....

Ooooh! I hope that means that we can get it back.

A reference for that would be greatly appreciated - obviously, there /was/ some pay for the first six months, but that had normal (abeit reduced) deductions/contributions.

Thanks again, Alan

"Alan Frame" wrote

"Alan Frame" wrote

"Alan Frame" wrote

If they are illegal, they should be refunded.

"Alan Frame" wrote

Unfortunately, I can't reveal the source

- but I believe it's pretty trustworthy...

The fact that TPS suggested 'Method B' added years to "buy-back" the missing service, which is a method available to *anyone* in the TPS scheme (unless they will already get a "full" pension), does support the statement though.

"Alan Frame" wrote

The 15% rule does (or rather did - pre-'A-day') apply to tax years. So she'd have been able to pay (over the tax year) upto 15% of the total earnings during that tax year.

Does that help the calculation a bit?

"Alan Frame" wrote

Spoke to a wonk@DfES today who pointed out the "Method B *may* be eligible for tax relief" bit from the TPS info - alas, it appears that we should have confirmed that before writing the cheque.

I fear that taking the matter further may be getting into "determing the intent of parliament" territory, but I'll probably drop a note to the NUT/ATL/whatever other one SO is in/ HMRC commisioners/PO/MP before admitting defeat.

And I thought I was reasonably financially-aware....

rgds, 'this email address works' Alan

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