Part 9Pension income

Chapter 13Return of surplus employee additional voluntary contributions

628Interpretation

1

In this Chapter—

  • “employee”—

    1. a

      includes a person who is to be, or has been, an employee, and

    2. b

      in relation to a company, includes any officer or director of the company and any other person taking part in the management of the affairs of the company;

  • “exempt approved scheme” has the meaning given in section 592(1) of ICTA;

  • “relevant statutory scheme” has the meaning given in section 611A(1) of ICTA.

2

For the purposes of the definition of “employee” in subsection (1), “director”, in relation to a company, includes—

a

in the case of a company the affairs of which are managed by a board of directors or similar body, a member of that board or body,

b

in the case of a company the affairs of which are managed by a single director or similar person, that person,

c

in the case of a company the affairs of which are managed by the members themselves, a member of that company,

and includes a person who is to be or has been a director.

3

If section 623 applies to a payment made out of funds which are or have been held for the purposes of a relevant statutory scheme established under a public general Act, any reference in this Chapter to an employee includes references to a person who holds an office, to a person who is to hold an office and to a person who has ceased to hold an office.

This is without prejudice to subsection (1).

4

For the purposes of subsection (3) “office” includes in particular any position which has an existence independent of the person who holds it and may be filled by successive holders.