Pension Schemes Act 1993

Contributions equivalent premiums: earnings before 1987-88

14 (1) Where an earner’s earnings paid in any period before the tax year 1987-88—

(a) exceeded the lower earnings limit; but

(b) were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,

it shall be assumed for the purposes of sections 58(4) and 61(2) that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them; and in this paragraph “Bracket 3” has the meaning given in section 9(3) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992.

(2) Section 63(3) applies for the purposes of sub-paragraph (1), in so far as it applies as respects section 58(4), as if the reference in paragraph (b) of section 63(3) to earnings included a reference to earnings relevant for any purpose of that sub-paragraph.

(3) Where the Secretary of State has acted in pursuance of section 63(3) as applied by sub-paragraph (2) and he subsequently ascertains the amount of those earnings—

(a) if it appears to him that the amount of the contributions equivalent premium would have been less if he had not made the calculation on the basis described in sub-paragraph (1), he shall refund the difference to the prescribed person, and

(b) if it appears to the Secretary of State that that premium would have been greater if he had not done so, the prescribed person shall pay the difference to him.