Pension Schemes Act 1993

2 (1) [F1 This Schedule applies to any sum owed on account of an employer’s contributions to a salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date. E+W+S

(1A) The amount of the debt having priority by virtue of sub-paragraph (1) shall be taken to be an amount equal to the appropriate amount.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1 (3A) In sub-paragraph (1A) F4 ... “the appropriate amount” means the aggregate of—

(a) the percentage for non-contributing earners of the total reckonable earnings paid or payable, in the period of 12 months referred to in sub-paragraph (1) F5 ... , to or for the benefit of non-contributing earners; and

(b) the percentage for contributing earners of the total reckonable earnings paid or payable, in that period, to or for the benefit of contributing earners.]

(4) For the purposes of [F6 sub-paragraph (3A)]—

(a) the earnings to be taken into account as reckonable earnings are those paid or payable to or for the benefit of earners in employment which is contracted-out by reference to the scheme in the whole or any part of the period of 12 months there mentioned; and

(b) earners are to be identified as contributing or non-contributing in relation to service of theirs in employment which is contracted-out by reference to the scheme according to whether or not in the period in question they were liable under the terms of the scheme to contribute in respect of that service towards the provision of pensions under the scheme.

(5) In this paragraph—

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “employer” shall be construed in accordance with regulations made under section 181(2); and

• [F8 “the percentage for contributing earners” means F9 ... 3 per cent, F10 ...

• [F8 “the percentage for non-contributing earners” means F11 ... 4.8 per cent, F12 ...

• “reckonable earnings”, in relation to any employment, means the earner’s earnings from that employment so far as those earnings—

  (a)

  were comprised in any payment of earnings made to him or for his benefit at a time when the employment was contracted-out employment; and

  (b)

  exceeded the current lower earnings limit but not [F13 the upper accrual point].

F14 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F1 Sch. 4 para. 2(1)-(3A) substituted for Sch. 4, para. 2(1)-(3) (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 8(2); S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2

F2 Sch. 4 para. 2(2) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(2), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))

F3 Sch. 4 para. 2(3) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(2), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))

F4 Words in Sch. 4 para. 2(3A) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(3)(a), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))

F5 Words in Sch. 4 para. 2(3A)(a) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(3)(b), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))

F6 Words in Sch. 4 para. 2(4) substituted (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 8(3); S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2

F7 Words in Sch. 4 para. 2(5) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(4)(a), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))

F8 Words in Sch. 4 para. 2(5) inserted (6.4.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 137(7)(b), 180(1); S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F9 Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(b)(i) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))

F10 Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(b)(ii) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))

F11 Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(c)(i) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))

F12 Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(c)(ii) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))

F13 Words in Sch. 4 para. 2(5) substituted (21.9.2008 with effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 1 para. 13(2) (with Sch. 1 para. 13(4))

F14 Sch. 4 para. 2(6) repealed (21.9.2008 with effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 1 para. 13(3), Sch. 2 (with Sch. 1 para. 13(4))