xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Section 45

[F1SCHEDULE 4BE+W+SAdditional pension: accrual rates for purposes of section 45(2)(d)

Textual Amendments

F1Sch. 4B inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 2 para. 1

Part 1E+W+SAmount for purposes of section 45(2)(d)

1(1)The amount referred to in section 45(2)(d) is to be calculated as follows—E+W+S

(a)calculate the appropriate amount for each of the relevant years within section 45(2)(d) to which Part 2 of this Schedule applies;

(b)calculate the appropriate amount for each of the relevant years within section 45(2)(d) to which Part 3 of this Schedule applies; and

(c)add those amounts together.

(2)But if the resulting amount is a negative one, the amount referred to in section 45(2)(d) is nil.

Part 2E+W+SNormal rules: employment not contracted-out

ApplicationE+W+S

2E+W+SThis Part applies to a relevant year if[F2—

(a)] the contracted-out condition is not satisfied in respect of any tax week in the year; [F3and

(b)there is a surplus in the pensioner's earnings factor for the year.]

Textual Amendments

F3Sch. 4B para. 2(b) and preceding word inserted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(2)(b); S.I. 2011/3033, art. 2(c)(xii)

Appropriate amount for yearE+W+S

3E+W+SThe appropriate amount for the year for the purposes of paragraph 1 is either—

(a)the flat rate amount for the year (if [F4the pensioner's earnings factor for the year] does not exceed the LET), or

(b)the sum of the flat rate amount and the earnings-related amount for the year (if [F5that earnings factor] exceeds the LET).

Textual Amendments

F4Words in Sch. 4B para. 3(a) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(3)(a); S.I. 2011/3033, art. 2(c)(xii)

F5Words in Sch. 4B para. 3(b) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(3)(b); S.I. 2011/3033, art. 2(c)(xii)

4[F6(1)][F7Where the final relevant year is 2015-16 or an earlier tax year,] the flat rate amount for the year is calculated by multiplying the FRAA in accordance with the last order under section 148AA of the Administration Act to come into force before the end of the final relevant year.E+W+S

[F8(2)Otherwise, the flat rate amount is calculated by increasing the FRAA by the percentage by which earnings factors for 2015-16 are directed to be increased by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.]

Textual Amendments

5E+W+SThe earnings-related amount for the year is calculated as follows—

(a)take the part of the [F9earnings factor] for the year which exceeds the LET F10...;

(b)multiply that amount in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply the amount found under paragraph (b) by 10%;

(d)divide the amount found under paragraph (c) by 44.

Textual Amendments

F9Words in Sch. 4B para. 5(a) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(4); S.I. 2011/3033, art. 2(c)(xii)

F10Words in Sch. 4B para. 5(a) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2

Part 3E+W+SContracted-out employment

ApplicationE+W+S

6E+W+SThis Part applies to a relevant year if [F11—

(a)]the contracted-out condition is satisfied in respect of each tax week in the year; [F12and

(b)there would be a surplus in the pensioner's earnings factor for the year if section 48A of the Pension Schemes Act 1993 did not apply in relation to any tax week falling in the year.]

Textual Amendments

F12Sch. 4B para. 6(b) and preceding word inserted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(5)(b); S.I. 2011/3033, art. 2(c)(xii)

Appropriate amount for yearE+W+S

7E+W+SThe appropriate amount for the year for the purposes of paragraph 1 is calculated as follows—

(a)calculate amounts A and B in accordance with paragraphs 8 to 10;

(b)subtract amount B from amount A.

Amount A: assumed [F13earnings factor] not exceeding LETE+W+S

Textual Amendments

F13Words in Sch. 4B para. 8 cross-heading substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(6); S.I. 2011/3033, art. 2(c)(xii)

8(1)Amount A is calculated in accordance with this paragraph if [F14the pensioner's assumed earnings factor for the year] does not exceed the LET.E+W+S

(2)In such a case, amount A is the flat rate amount for the year.

(3)[F15Where the final relevant year is 2015-16 or an earlier tax year,] the flat rate amount for the year is calculated by multiplying the FRAA in accordance with the last order under section 148AA of the Administration Act to come into force before the end of the final relevant year.

[F16(4)Otherwise, the flat rate amount is calculated by increasing the FRAA by the percentage by which earnings factors for 2015-16 are directed to be increased by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.]

Textual Amendments

F14Words in Sch. 4B para. 8(1) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(6); S.I. 2011/3033, art. 2(c)(xii)

Amount A: assumed [F17earnings factor] exceeding LETE+W+S

Textual Amendments

F17Words in Sch. 4B para. 9 cross-heading substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(7); S.I. 2011/3033, art. 2(c)(xii)

9(1)Amount A is calculated in accordance with this paragraph if [F18the pensioner's assumed earnings factor for the year] exceeds the LET.E+W+S

(2)In such a case, amount A is calculated as follows—

(a)take the part of the [F19assumed earnings factor] for the year which exceeds the LET F20...;

(b)multiply that amount in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply the amount found under paragraph (b) by 10%;

(d)divide the amount found under paragraph (c) by 44;

(e)add the amount found under paragraph (d) to the flat rate amount for the year.

(3)[F21Where the final relevant year is 2015-16 or an earlier tax year,] the flat rate amount for the year is calculated by multiplying the FRAA in accordance with the last order under section 148AA of the Administration Act to come into force before the end of the final relevant year.

[F22(4)Otherwise, the flat rate amount is calculated by increasing the FRAA by the percentage by which earnings factors for 2015-16 are directed to be increased by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.]

Textual Amendments

F18Words in Sch. 4B para. 9(1) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(7)(a); S.I. 2011/3033, art. 2(c)(xii)

F19Words in Sch. 4B para. 9(2)(a) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(7)(b); S.I. 2011/3033, art. 2(c)(xii)

F20Words in Sch. 4B para. 9(2)(a) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2

Amount BE+W+S

10(1)Amount B is calculated as follows—E+W+S

(a)take the part of the [F23pensioner's assumed earnings factor] for the year which exceeds the QEF F24...;

(b)multiply that amount in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;

(c)multiply the amount found under paragraph (b) by 20%;

(d)divide the amount found under paragraph (c) by the number of relevant years in the pensioner's working life.

(2)Section 44B is to be ignored in applying section 44(6) for the purposes of this paragraph.

Textual Amendments

F23Words in Sch. 4B para. 10(1)(a) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(8); S.I. 2011/3033, art. 2(c)(xii)

F24Words in Sch. 4B para. 10(1)(a) repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2

Part 4E+W+SOther cases

11E+W+SThe Secretary of State may make regulations containing provision for finding for a tax year the amount referred to in section 45(2)(d)—

(a)in cases where the circumstances relating to the pensioner change in the course of the year, and

(b)in such other cases as the Secretary of State thinks fit.

Part 5E+W+SInterpretation

12E+W+SIn this Schedule—

Textual Amendments

F27Words in Sch. 4B para. 12 repealed (21.9.2008) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2

13(1)“The FRAA” means the flat rate accrual amount.E+W+S

(2)[F28Where the final relevant year is 2015-16 or an earlier tax year,] that amount is £72.80 for the flat rate introduction year and subsequent tax years (but subject to section 148AA of the Administration Act).

[F29(3)Otherwise, that amount is £93.60 for the flat rate introduction year and subsequent tax years.]]

Textual Amendments