SCHEDULES

SCHEDULE 2 Pensions: miscellaneous amendments

Payment by Secretary of State of unpaid pension contributions

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1

Paragraph 2 of Schedule 4 to the M1Pension Schemes Act 1993 (priority in bankruptcy for amounts paid by Secretary of State in respect of unpaid pension contributions) is amended as follows.

2

For sub-paragraphs (1) to (3) substitute—

1

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.

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.

2

This Schedule applies to any sum owed on account of an employer’s minimum payments to a money purchase contracted-out scheme falling to be made in the period of 12 months immediately preceding the relevant date.

3

In so far as payments cannot from the terms of the scheme be identified as falling within sub-paragraph (2), the amount of the debt having priority by virtue of that sub-paragraph shall be taken to be an amount equal to the appropriate amount.

3A

In sub-paragraph (1A) or (3) “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) or (2) (as the case may be), 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.

3

In sub-paragraph (4), for “sub-paragraph (3)” substitute “ sub-paragraph (3A) ”.