1

An earner has a guaranteed minimum in relation to the pension provided by a scheme that was a salary related contracted-out scheme if in any tax week in a relevant year—

a

earnings were paid to or for the earner's benefit in respect of employment which was contracted-out by reference to the scheme; and

b

those earnings were in excess of the lower earnings limit for that tax week (or the prescribed equivalent if the earner was paid otherwise than weekly).