Modifications etc. (not altering text)
C1Pt. 3: power to modify conferred (1.6.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 146(1); S.R. 1996/91, art. 2(f); S.R. 1997/192, art. 2
Pt. 3: power to transfer functions conferred (1.4.1999) by 1999 c. 2, s. 23(1)(2)(6); S.I. 1999/527, art. 2(b), Sch. 2
(1)An earner has a guaranteed minimum in relation to the pension provided by a scheme if in any tax week in a relevant year, earnings in excess of the current lower earnings limit (or the prescribed equivalent if he is paid otherwise than weekly) have been paid to or for his benefit in respect of employment which is contracted-out by reference to the scheme.
(2)Subject to section 11(1), the guaranteed minimum shall be the weekly equivalent of an amount equal to the appropriate percentage of the total of the earner’s earnings factors for the relevant years, so far as derived from earnings such as are mentioned in subsection (1) upon which primary Class 1 contributions have been paid or treated as paid.
[F1(2A)Where any liability of a scheme in respect of an earner’s guaranteed minimum pension ceases by virtue of a civil recovery order, his guaranteed minimum in relation to the scheme is extinguished or reduced accordingly.]
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where the amount of a person’s earnings for any period is relevant for any purpose of subsection (1) or (2) and the [F3Inland Revenue are] satisfied that records of those earnings have not been maintained or retained or are otherwise unobtainable, [F4they] may for that purpose—
(a)compute, in such manner as [F4they][F5think] fit, an amount which shall be regarded as the amount of those earnings; or
(b)take their amount to be such sum as [F4they] may specify in the particular case.
(5)In subsection (2) the “appropriate percentage” means—
(a)in respect of the earner’s earnings factors for any tax year not later than the tax year 1987-88—
(i)if the earner was not more than 20 years under pensionable age on 6th April 1978, 1.25 per cent.;
(ii)in any other case 25/N per cent.;
(b)in respect of the earner’s earnings factors for the tax year 1988-89 and for subsequent tax years—
(i)if the earner was not more than 20 years under pensionable age on 6th April 1978, 1 per cent.;
(ii)in any other case 20/N per cent.;
where N is the number of years in the earner’s working life (assuming he will attain pensionable age) which fall after 5th April 1978.
(6)Regulations may prescribe rules as to the circumstances in which earnings factors are derived from earnings for the purposes of subsection (2).
(7)For the purposes of subsection (2) the weekly equivalent of the amount there mentioned shall be calculated by dividing that amount by 52.
(8)In this section “relevant year” means any tax year in the earner’s working life (not being earlier than the tax year 1978-79 [F6or later than tax year ending immediately before the principal appointed day]).
Textual Amendments
F1S. 10(2A) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 23(3); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
F2S. 10(3) repealed (6.4.1997) by of S.I. 1995/3213 (N.I. 22) arts. 147, 168, Sch. 3 para. 20(a), Sch. 5 Pt. III; S.R. 1997/192, art. 2(b)
F3Words in s. 10(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 41(a); S.R. 1999/149, art. 2(c), Sch. 2
F4Words in s. 10(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 41(b); S.R. 1999/149, art. 2(c), Sch. 2
F5Words in s. 10(4)(a) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 41(c); S.R. 1999/149, art. 2(c), Sch. 2
F6Words in s. 10(8) inserted (6.4.1997) by S.I. 1995/3213 (N.I. 22) art. 147, Sch. 3 para. 20(b); S.R. 1997/192, art. 2(b)
Modifications etc. (not altering text)
C2S. 10 applied (1.11.1995) by S.R. 1995/389, arts. 4(1)(3)
C3S. 10(1) modified (6.4.1997) by S.R. 1996/509, reg. 6(4)