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Pension Schemes Act 1993
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- 1993 c. 48
- SCHEDULE 4
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Pension Schemes Act 1993, SCHEDULE 4 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 46(1A) (1B) inserted by 2008 c. 30 s. 103(2) (This amendment not applied to legislation.gov.uk. S. 103(2)(4)(5) repealed (1.10.2014) without ever being in force by 2014 c. 19, Sch. 12 para. 96(a); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(c))
- s. 46(1A) words substituted by 2011 c. 19 Sch. 3 para. 10
- s. 71(1)(aa) substituted by 2015 c. 8 s. 39(2)(a)
- s. 71(1A) inserted by 2015 c. 8 s. 39(2)(b)
- s. 71(7)-(10) substituted for s. 71(7)-(11) by 2015 c. 8 s. 39(4)
- s. 82A inserted by 2015 c. 8 Sch. 1 para. 2
- s. 83(1A)-(1AC) substituted for s. 83(1A) by 2015 c. 8 Sch. 1 para. 3
- s. 84-84F substituted for s. 84 by 2015 c. 8 Sch. 1 para. 4
- s. 85A inserted by 2015 c. 8 Sch. 1 para. 5
- s. 86A 86B inserted by 2015 c. 8 Sch. 1 para. 6
- s. 94(2A)(a)(viii) inserted by 2014 c. 19 Sch. 17 para. 20(2)(a)
- s. 94(2A)(b)(vi) inserted by 2014 c. 19 Sch. 17 para. 20(2)(b)
- s. 101AI(8)(a)(viii) inserted by 2014 c. 19 Sch. 17 para. 20(3)(a)
- s. 101AI(8)(b)(vi) inserted by 2014 c. 19 Sch. 17 para. 20(3)(b)
- s. 113(4)(4A) substituted for s. 113(4) by 2015 c. 8 s. 38(5)
- s. 113(5) words substituted by 2015 c. 8 s. 38(6)
- s. 113(10) words substituted by 2015 c. 8 Sch. 2 para. 3
- s. 145(1A)-(1C) inserted by 2004 c. 35 Sch. 12 para. 23
- s. 146(6A) inserted by 2004 c. 35 Sch. 12 para. 24(b)
- s. 175A inserted by 2008 c. 30 Sch. 10 para. 1
- s. 185(2)(ca) inserted by 2018 c. 10 s. 19(5)
- s. 186(3)(ba) inserted by 2015 c. 8 Sch. 1 para. 7
- s. 186(3)(za) inserted by 2008 c. 30 s. 103(5) (This amendment not applied to legislation.gov.uk. S. 103(2)(4)(5) repealed (1.10.2014) without ever being in force by 2014 c. 19, Sch. 12 para. 96(a); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(c))
- Sch. 3 para. A1 and cross-heading inserted by 2015 c. 8 Sch. 1 para. 8
Section 128.
SCHEDULE 4E+W+S Priority in Bankruptcy etc
Modifications etc. (not altering text)
C1Sch. 4 applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 2
C2Sch. 4 applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 3
Commencement Information
I1Schs. 1-4 in force at 7.2.1994 by S.I. 1994/86, art. 2
Earner’s contributions to occupational pension schemeE+W+S
1E+W+SThis Schedule applies to any sum owed on account of an earner’s contributions to an occupational pension scheme being contributions deducted from earnings paid in the period of four months immediately preceding the relevant date or otherwise due in respect of earnings paid or payable in that period.
Employer’s contributions to occupational pension schemeE+W+S
2(1)[F1This Schedule applies to any sum owed on account of an employer’s contributions to a [F2Northern Ireland] salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date.E+W+S
(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.]
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F1(3A)In sub-paragraph (1A) F5... “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) F6... , 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.]
(4)For the purposes of [F7sub-paragraph (3A)]—
(a)the earnings to be taken into account as reckonable earnings are those paid or payable to or for the benefit of earners in employment which is contracted-out by reference to the scheme in the whole or any part of the period of 12 months there mentioned; and
(b)earners are to be identified as contributing or non-contributing in relation to service of theirs in employment which is contracted-out by reference to the scheme according to whether or not in the period in question they were liable under the terms of the scheme to contribute in respect of that service towards the provision of pensions under the scheme.
(5)In this paragraph—
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“employer” shall be construed in accordance with regulations made under section 181(2); and
[F9“Northern Ireland salary related contracted-out scheme” means a salary related contracted-out scheme within the meaning of the Pension Schemes (Northern Ireland) Act 1993 (and references to employment that is contracted-out by reference to a scheme are to be read accordingly);]
[F10“the percentage for contributing earners” means F11... 3 per cent, F12... ]
[F10“the percentage for non-contributing earners” means F13... 4.8 per cent, F14... ]
“reckonable earnings”, in relation to any employment, means the earner’s earnings from that employment so far as those earnings—
(a)were comprised in any payment of earnings made to him or for his benefit at a time when the employment was contracted-out employment; and
(b)exceeded the current lower earnings limit but not [F15the upper accrual point].
F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 4 para. 2(1)-(3A) substituted for Sch. 4, para. 2(1)-(3) (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 8(2); S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2
F2Word in Sch. 4 para. 2(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 47(2)(a)
F3Sch. 4 para. 2(2) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(2), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))
F4Sch. 4 para. 2(3) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(2), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))
F5Words in Sch. 4 para. 2(3A) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(3)(a), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))
F6Words in Sch. 4 para. 2(3A)(a) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(3)(b), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))
F7Words in Sch. 4 para. 2(4) substituted (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 8(3); S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2
F8Words in Sch. 4 para. 2(5) repealed (6.4.2012) by Pensions Act 2007 (c. 22), ss. 27(7), 30(2)(b), Sch. 4 para. 60(4)(a), Sch. 7 Pt. 7; S.I. 2011/1267, art. 2(b)(iv)(c) (as amended (20.3.2012) by S.I. 2012/911, art. 2(a)(b))
F9Words in Sch. 4 para. 2(5) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 47(2)(b)
F10Words in Sch. 4 para. 2(5) inserted (6.4.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 137(7)(b), 180(1); S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F11Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(b)(i) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))
F12Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(b)(ii) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))
F13Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(c)(i) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))
F14Words in Sch. 4 para. 2(5) omitted (6.4.2012) by virtue of Pensions Act 2007 (c. 22), s. 30(2)(b), Sch. 4 para. 60(4)(c)(ii) (as amended by Pensions Act 2011 (c. 19), ss. 27, 38(3)(c)); S.I. 2011/1267, art. 2(b)(iv) (as substituted (20.3.2012) by S.I. 2012/911, art. 2(a))
F15Words in Sch. 4 para. 2(5) substituted (21.9.2008 with effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 1 para. 13(2) (with Sch. 1 para. 13(4))
F16Sch. 4 para. 2(6) repealed (21.9.2008 with effect in relation to payments made in a tax week falling in 2009-10 or any subsequent tax year) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 1 para. 13(3), Sch. 2 (with Sch. 1 para. 13(4))
State scheme premiumsE+W+S
3(1)This Schedule applies to any sum owed on account of a [F17Northern Ireland] [F18contributions equivalent premium] payable at any time before, or in consequence of, a person going into liquidation or being [F19made] bankrupt, or in Scotland, the sequestration of a debtor’s estate, or (in the case of a company not in liquidation)—E+W+S
(a)the appointment of a receiver as mentioned in section 40 of the M1Insolvency Act 1986 (debenture-holders secured by floating charge), or
(b)the appointment of a receiver under section 53(6) or 54(5) of that Act (Scottish company with property subject to floating charge), or
(c)the taking of possession by debenture-holders (so secured) as mentioned in [F20section 754 of the Companies Act 2006].
(2)Where any such premium is payable in respect of a period of service of more than 12 months (taking into account any previous linked qualifying service), the amount to be paid in priority by virtue of this paragraph shall be limited to the amount of the premium that would have been payable if the service had been confined to the last 12 months taken into account in fixing the actual amount of the premium.
(3)Where—
(a)by virtue of this paragraph the whole or part of a premium is required to be paid in priority to other debts of the debtor or his estate; and
(b)the person liable for the payment would be entitled to recover the whole or part of any sum paid on account of it from another person either under section 61 or under any provision made by the relevant scheme for the purposes of that section or otherwise,
then, subject to sub-paragraph (4), that other person shall be liable for any part of the premium for the time being unpaid.
(4)No person shall be liable by virtue of sub-paragraph (3) for an amount in excess of the sum which might be so recovered from him if the premium had been paid in full by the person liable for it, after deducting from that sum any amount which has been or may be recovered from him in respect of any part of that payment paid otherwise than under that sub-paragraph.
(5)The payment under sub-paragraph (3) of any amount in respect of a premium shall have the same effect on the rights and liabilities of the person making it (other than his liabilities under that sub-paragraph) as if it had been a payment of that amount on account of the sum recoverable from him in respect of a premium as mentioned in sub-paragraph (3)(b).
[F21(6)In this paragraph “Northern Ireland contributions equivalent premium” means a contributions equivalent premium within the meaning of the Pension Schemes (Northern Ireland) Act 1993.]
Textual Amendments
F17Word in Sch. 4 para. 3(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 47(3)(a)
F18Words in Sch. 4 para. 3(1) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 85; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F19Word in Sch. 4 para. 3(1) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 1 para. 18
F20Words in Sch. 4 para. 3(1)(c) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 194(3)(a) (with arts. 6, 11, 12)
F21Sch. 4 para. 3(6) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 47(3)(b)
Marginal Citations
InterpretationE+W+S
4(1)In this Schedule—E+W+S
(a)in its application in England and Wales, [F22section 754(3) of the Companies Act 2006] and section 387 of the Insolvency Act 1986 apply as regards the meaning of the expression “the relevant date”; and
(b)in its application in Scotland, that expression has the same meaning as in [F23Part 1] of Schedule 3 to the Bankruptcy (Scotland) Act [F242016].
F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Words in Sch. 4 para. 4(1)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 194(3)(b) (with arts. 6, 11, 12)
F23Words in Sch. 4 para. 4(1)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 11(6)(a)
F24Word in Sch. 4 para. 4(1)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 11(6)(b)
F25Sch. 4 para. 4(2) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 47(4)
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