PART 9

Contributions
CHAPTER 5

Deduction and payment of contributions

Deduction of contributions from pensionable earnings
193
1
This regulation applies to any person (P) who is in pensionable service.
2
In each pay period, P's employer must deduct the following contributions from P's pensionable earnings—
a
P's members' contributions for that employment;
b
any faster accrual contributions relating to that employment;
c
any additional pension contributions payable monthly (if P has nominated the employer to deduct those contributions);
d
any buy-out contributions (if P has nominated the employer to deduct those contributions).
3
If P's employer does not deduct any contributions in the appropriate pay period, P's employer may deduct those contributions in any subsequent pay period (but this paragraph does not affect regulation 196(2) (payment by employers to the Department)).
4
If P is in pensionable service in more than one employment—
a
any additional pension contributions or buy-out contributions must be deducted by the employer nominated by P; and
b
if in any pay period the contributions are more than the pensionable earnings paid to P by that employer, any remaining contributions must be deducted by the other employer (or, if there is more than one other employer, by whichever other employer is nominated by P).

Deductions not made before an employment ends
194
1
This paragraph applies if—
a
P ceases to be in an eligible employment;
b
P's employer has not made a deduction required by regulation 193; and
c
despite regulation 196, a corresponding amount has not been paid to the Department under that regulation.
2
On receipt of a written demand from the Department, P must pay to it any amount remaining due, together with interest at the standard rate from the due date to the date of payment.
3
The Department may waive the payment of the whole or any part of that interest.
4
In this regulation, “due date” is the 8th day after the end of the pay period in which a deduction under regulation 193 should have been made.

Recovery of unpaid contributions from benefits
195
1
If the Department makes a demand under regulation 194 but regulation 24 does not apply, without prejudice to any other means of recovery, the Department may recover any sum payable by a person to it under this Part by deducting it from the benefits payable to, or in respect of, that person under these Regulations.
2
Nothing in this regulation affects Article 89 of the 1995 Order (inalienability of occupational pensions).

Payment by employers to the Department
196
1
This regulation applies in relation to any person (P) who is in pensionable service.
2
After the end of each pay period, P's employer is to pay to the Department in respect of P's pensionable earnings for that pay period—
a
the contributions payable under regulation 192; and
b
the contributions required to be deducted from P's pensionable earnings under regulation 193 (whether or not such amounts were deducted).
3
For the purpose of paragraph (2)—
a
pensionable earnings are payable in arrears, and
b
any contribution arrears payable by reason of a retrospective increase in pensionable earnings are taken to become payable in the pay period in which they were paid.
4
A payment under paragraph (2) must be received by the Department within 7 days after the end of each pay period and if the full amount of the payment is not so received—
a
interest is payable by the employer or the former employer on the amount outstanding at the standard rate from the 8th day after the end of the pay period to the date of payment, but the Department may in any particular case waive the payment of the whole or any part of such interest, and
b
if the Department makes a written demand, the employer or former employer must pay to the Department such further sum, not exceeding £100, as it may specify in the demand.
5
The payment referred to in paragraph (4)(b) must be made within 14 days after the date of the demand.