Pension Schemes (Northern Ireland) Act 1993

59 Further provisions concerning calculations relating to premiums

(1) The following amounts shall be certified by the Department—

(a) the costs mentioned in subsections (1), (2) and (6) of section 54,

(b) the amount of the difference mentioned in subsection (4) of that section,

(c) the cost of providing the appropriate percentage of the guaranteed minimum pension for the purposes of section 56, and

(d) the amount mentioned in section 57(2).

(2) The cash equivalents mentioned in section 54(3) and section 56(7)(a) shall be calculated and verified in the prescribed manner.

(3) If the Department—

(a) cannot readily ascertain the amount of any earnings in any tax week relevant for determining the costs referred to in subsection (1) or (2) of section 54, or

(b) is satisfied that records of earnings relevant for determining the amount mentioned in subsection (4) of that section have not been maintained or retained or are otherwise unobtainable,

then the Department may for that purpose—

(i) compute, in such manner as it thinks fit, an amount which shall be regarded as the amount of those earnings; or

(ii) take their amount to be such sum as it may specify in the particular case,

and it may certify the costs referred to in section 54(1) and (2) accordingly.

(4) Where the Department subsequently ascertains the amount of such earnings as are mentioned in paragraph (a) of subsection (3)—

(a) if it appears to the Department that the amount of the accrued rights premium or, as the case may be, the pensioner’s rights premium would have been less if the Department had not made the calculation on the basis described in subsection (3), it shall refund the difference to the prescribed person, and

(b) if it appears to the Department that that premium would have been greater if the Department had not made the calculation on that basis, the prescribed person shall pay the difference to the Department.

(5) For the purposes of subsection (1) the Department may make such adjustments as it thinks necessary for avoiding fractional amounts.