Abolition of DC contracting-out

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Abolition of DC contracting-out

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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contracting-out on a money purchase basis before 6 April 2012

Contracting-out was the mechanism whereby an individual (whether employed or self-employed) could elect to forgo accrual of the element of the state pension which, before 6 April 2016, was known as the additional state pension (or Second State Pensions (S2P)).

Contracting-out on a money purchase basis (or DC contracting-out) first became possible in April 1988.

Contracting-out on a money purchase basis required the relevant contracted-out pension scheme to provide contracted-out members with ’protected rights’ in lieu of the state benefits forgone as a consequence of contracting-out.

Schemes contracted-out on a money purchase basis

Before 6 April 2012, protected rights could be provided through the following contracted-out schemes:

  1. contracted-out money purchase (COMP) schemes. While these occupational pension schemes were mostly defined contribution schemes, there could also be defined benefit schemes contracted out on a money purchase basis through a protected rights underpin

  2. the COMP section of mixed benefit (COMB) schemes. COMB schemes were created on 6 April 1997 and made it possible for a contracted-out salary-related

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Contracting-out definition
What does Contracting-out mean?

An arrangement under which a member of a pension scheme that meets certain requirements pays reduced insurance-contributions-'>national insurance contributions and/or rebates are paid to the pension scheme in return for which the scheme provides benefits as an alternative to state earnings related pension scheme (SERPS)/S2P/additional state pension. Contracting-out was abolished with effect from 6 April 2016.

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