The benefits from Group Life and Group Dependants' Pension policies must be paid through a discretionary trust. It is the responsibility of the policyholder, using their own trust to administer and maintain the trust, to meet the requirements for being Registered with HMRC or Non-Registered, as appropriate.
There are a number of ways a discretionary trust can be set up:
- Employer's Own Trust
- Unum Master Trusts - LAMP (A) or LAMP (EX)
- Registered Trust Deed
- Revised Basis/Updating for A-Day
- Non-Registered Trust Deed
- Isle of Man Trust Deed
- Amending Deeds
Employer's Own Trust
The benefits you are insuring may be those promised through your existing pension scheme or group life scheme, which is established under trust and documented.
This scheme can continue and the existing trust used. You continue maintaining the trust documentation.
Unum Master Trusts – LAMP (A) or LAMP (EX)
Policyholders do not have to set up their own trust and can simply agree to participate in either the Unum Registered Master Trust LAMP(A) or the Unum Excepted Master Trust LAMP(EX).
LAMP (A), has its own Scheme Administrators and Trustees, and can be used by new or existing Unum Registered Group Life policyholders where lump sum benefits are provided for PAYE taxed employees. Dependants’ pensions are not covered and Schedule D taxed individuals cannot be included as members.
LAMP (EX) has its own Trustees and can be used by new or existing Unum Excepted Group Life policyholders, where benefits are provided by non-close companies for PAYE taxed employees. It is not available for close companies, Partnerships or Limited Liability Partnerships.
For both Master Trusts a Notice of Participation must be completed before going on risk:
If you are switching lump-sum benefit insurance of an existing standalone Group Life scheme to Unum and want to use a Unum Master Trust, then in addition to completing a Notice of Participation you will need to terminate your existing trust:
If you already have a standalone Registered Group Life scheme or Excepted Group Life policy insured with Unum, it is possible for the lump sum benefits to be switched and held under LAMP(A) or LAMP(EX):
Registered Trust Deed
If you want to set up a standalone group life scheme, there are draft Trust wordings available to help you. The drafts allow for dependants' pensions as well as lump sum benefits. They also allow for the inclusion of Schedule D taxed individuals such as Equity Partners:
There are notes to explain about Registration and the roles of Trustees and the Scheme Administrator:
Revised Basis/Updating for A-Day
If you revise the basis of a Registered standalone group life scheme, the Trust may need variation to reflect the revision; there are draft wordings available to help you. Some Trusts may already rely on the policy provisions for the eligibility and benefits provided, meaning there is no need to revise the Trust to reflect a change in the insured basis.
If you have an existing standalone group life scheme which was approved before 6 April 2006, you may want to update the Trust for the A-Day provisions. There are draft wordings available to help you:
There are notes on the process of 'linking' to the HM's Revenue & Customs (HMRC) online record of a standalone group life scheme which was Approved before 6 April 2006:
Non-Registered Trust Deed
Relevant life policies, which include Excepted policies, need to provide benefits under a Trust. There are draft Trust wordings available to help you:
Isle of Man Trust Deed
If you want to set up a standalone group life scheme in the Isle of Man, there are draft Trust wordings available to help you.
Both Registered and Non-Registered Trusts need to be maintained in line with changes. There are draft wordings available to help you with popular changes: