The USA is a country which does have a domicile QROPS available to individuals. The most common quoted scheme is the Fidelity 401K.

Fidelity get numerous enquiries about UK expats transferring their UK Pension to this scheme as I’m sure do the other USA QROPS quoted on HMRC’s website.

BUT: the United States IRS (Internal Revenue Service) will not permit individuals US Pension schemes to receive the money from a UK registered pension scheme.

There does not appear to be any appetite to change this system.

So for the UK expat other jurisdictions should be considered.

The normal route to transfer UK pensions overseas is to use a jurisdiction such as Guernsey. Thus subject to normal QROPS rules, cash and income can be paid without tax deductions and the QROPS fund will continue to grow tax exempt.

Caution though; the US does not have a double taxation agreement with Guernsey and tax implications should be completely clarified before contemplating any transfer.

US Pension system

In 2010 the United States sustains the largest pension market in the world, with assets amounting to around USD 17 trillion, the popular private pension schemes available have provided security for American citizens, dating back to the beginning of the 20th century.

A variety of investment and sponsored retirement plans contribute to it’s success. Approximately 65% of assets are allocated to employer sponsored plans with an additional 25% invested in Individual Retirement Accounts (IRAs). These plans have seen rapid growth compared with annuities and defined benefit contracts with their share of assets for 2007 increasing to 52% overall.

As defined benefit plans are dependent on market performance, recent inadequate funding has resulted in a serious shortfall to the tune of USD 450 billion in 2005. Subsequently, the Pension Protection Act 2006 put measures in place from 2008, to tighten control of pension shortfall and link liability closer to the market conditions.

The United States operates a pay-as-you-go system which is financed by taxes from employers and employees, tax revenues and some interest earning funds. Contributions to the Old-Age, Survivors, and Disability Insurance program (OASDI) is tax-exempt up to certain levels, with this scheme accounting for 84% of pensions. Taxable income from social security beneficiaries and additional income from accumulated trust funds make up the remaining 16%.

The age when pensions are received are variable depending on year of birth. The vast majority are payable between 65 and 67, with some payments starting as early as 62. The state pension system in the US is not particularly generous, and most pensioners derive income from employer pensions, earnings and saved assets in addition to any social security payments.

With the baby boom of the 1980’s, social security tax was increased to relieve some of the shortfall predicted for the future. The extra revenue generated has accumulated in the Social Security Trust Fund and amounted to USD 2.2 trillion in 2004. This will not keep pace with current expenditure however, and it is predicted that the fund will be exhausted by 2042.

Occupational pensions are governed by The Employer Retirement Income Security Act 1974 (ERISA) which ensures minimum standards are met for all voluntary private pension plans. Reporting, funding, administration and disclosure of these plans are regulated under federal law.

Approximately 51% of the US workforce is integrated into one of these pension plans, although 60% has access to them. Only 20% of the private sector contributes to a defined benefit scheme.

A defined contribution plan is an individual account for each employee, sponsored by the employer. Of all the defined contribution plans available the most widespread type of plan is the 401(k). According to the latest data from the US Department of Labour, 401(k) plan assets amounted to USD 1.6 trillion accounting for 81% of total defined contribution assets in 2002.

Most 401(k) plans are flexible and provide retiring employees with several options for receiving plan account balances. Lump-sum payments, instalment payments for a fixed number of months and annuities are available distribution methods. It is also possible to defer any payment until a certain age.

Automatic enrolment of employees into existing employer-defined contribution plans is encouraged when alternative arrangements are not in place. Employees that do not make any investment decision are subsequently enrolled onto a Qualified Default Investment Alternative (QDIA).

It is important to note that the Unites States is one of the very few countries in the industrialised world not faced with a decreasing population. Birth rates are slightly below the number needed to keep the population constant, but immigration will keep the population growing over the next decades, although at a decreasing rate. Retirement savings have experienced steady growth especially within the IRAs and defined contribution plans. New regulations on default investment options are likely to boost further growth in these funds. Together with the new incentives of automatic enrolment, the US should expect a higher proportion of private sector employees retiring with supplementary pensions.

Gerard Associates Ltd advises expats and people considering living abroad on the technical and currency options available for Pensions, QROPS, QNUPS and investments in a clear format allowing all customers to make an informed choice. Our service encompasses Pensions, investments, currency exchange and guidance on taxation in most popular ‘sunnier’ climates. This with the re-assurance and security of UK authorised and regulated advice – essential tools for your security.