The Good, the Bad and the Ugly - the revised Revenue Pensions Manual

When you have finished cringing at the admittedly appalling juxtaposition of a classic of its genre and a somewhat unexciting piece of work, you will probably have to agree that the Revenue Pensions Manual is a critical document for anyone practising in pensions, be they providers or advisers.  And it has been recently revised by Revenue with changes being made to several chapters and new ones being written.

A detailed review of the changes is beyond the scope of this blog, but it suffices to point out that some aspects of the revised manual are, well, good, others are bad and some are a bit ugly.

First, the good. Chapter 22 on Pension Adjustment Orders confirms that either a pension adjustment order or a property adjustment order can be used for ARF and AMRF benefits.  Previously there had been a concern that a transfer of benefits from an ARF/AMRF to the ARF/AMRF of a spouse, on foot of a property adjustment order, would give rise to a distribution for tax purposes and a consequent income tax hit.

The same section of Chapter 22 confirms that the recipient spouse or civil partner can set up an ARF without qualifying for it under the Taxes Consolidation Act.  While this is to be welcomed, it does seem remarkable that Revenue has the discretion, with no legislative authority, to grant tax relief for a whole segment of society. 

As for the bad, it’s not that the changes are bad – it’s more the lost opportunity to correct some issues that are crying out for change.  For example, the manual continues to provide that a proprietary director who takes their benefits due to ill-health must dispose of their shareholding.  While there may be some justification in making the disposal of shares a condition of early retirement - to prove genuine withdrawal from service where the person is otherwise fit (though one would think that a P45 should do the trick) - there seems no reason why a person who has to retire because of ill-health should be subject to the same condition.  This requirement may have been imposed in error because Revenue systematically put the rules on ill-health in the chapter on early retirement.  And in practice Revenue even demand the sale of shares in cases of retirement due to serious ill-health - these are the cases, known as the death’s door concession, where the member only has weeks rather than months to live.

As for the ugly, and admittedly this is just a pet peeve of mine, I would have preferred it if the whole manual had been treated as a single document and someone had gone through it with a view to making it more readable or even to format it consistently.  Granted, this is not an easy task with what is essentially a very dry and rule-bound subject, and it is probably a resource issue (and that cannot make things easy), but given that it is a primary source material for an important, albeit often unacknowledged, area of most people’s lives it is a shame that there wasn’t time for someone to give it the care and attention I feel it merits.

One final comment concerns the process by which the manual is put together.  There seems to be a lack of consultation in the production of revisions to the manual.  For example, our understanding is that the Revenue officials who deal with advisers on a day-to-day basis have little input into the manual.  That is a pity because surely they are the ones who know the kind of issues that are relevant to advisers and, more importantly, pension scheme members.

And, apart from consulting those closest to the issues, perhaps Revenue might also enter into a consultation process with the industry, in the same manner practiced by the Pensions Board and the Central Bank, before engaging in further updates of such an important policy document as the manual.  Such an approach may benefit all parties involved, to include Revenue.
It would also save us from blogs with excruciating headlines.

Jeremy Mitchell
Head of ITC Consulting and Group Legal
 

_{*Please note this content is the view of the author and not of Independent Trustee Company}