120 Duty of Department to pay unpaid contributions to schemes.N.I.
(1)If, on an application made to it in writing by the persons competent to act in respect of an occupational pension scheme or a personal pension scheme, the Department is satisfied—
(a)that an employer has become insolvent; and
(b)that at the time he did so there remained unpaid relevant contributions falling to be paid by him to the scheme,
then, subject to the provisions of this section and section 121, the Department shall pay into the resources of the scheme the sum which in its opinion is payable in respect of the unpaid relevant contributions.
(2)In this section and section 121 “relevant contributions” means contributions falling to be paid by an employer to an occupational pension scheme or a personal pension scheme, either on his own account or on behalf of [F1a worker]; and for the purposes of this section a contribution shall not be treated as falling to be paid on behalf of [F1a worker] unless a sum equal to that amount has been deducted from the pay of [F2the worker] by way of a contribution from him.
(3)[F3Subject to subsection (3A),]The sum payable under this section in respect of unpaid contributions of an employer on his own account to an occupational pension scheme or a personal pension scheme shall be the least of the following amounts—
(a)the balance of relevant contributions remaining unpaid on the date when he became insolvent and payable by the employer on his own account to the scheme in respect of the 12 months immediately preceding that date;
(b)the amount certified by an actuary to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme to or in respect of the [F4workers] of the employer;
(c)an amount equal to 10 per cent. of the total amount of remuneration paid or payable to those [F4workers] in respect of the 12 months immediately preceding the date on which the employer became insolvent.
[F5(3A)Where the scheme in question is a money purchase scheme, the sum payable under this section by virtue of subsection (3) shall be the lesser of the amounts mentioned in paragraphs (a) and (c) of that subsection.]
(4)For the purposes of subsection (3)(c), “remuneration” includes holiday pay, statutory sick pay, statutory maternity pay under Part VI of the M1Social Security (Northern Ireland) Order 1986 or Part XII of the M2Social Security Contributions and Benefits (Northern Ireland) Act 1992 and any such payment as is referred to in [F6Article 229(2) of the Employment Rights (Northern Ireland) Order 1996] (guarantee payments, etc.).
(5)Any sum payable under this section in respect of unpaid contributions on behalf of [F1a worker] shall not exceed the amount deducted from the pay of [F2the worker] in respect of [F7the worker's] contributions to the scheme during the 12 months immediately preceding the date on which the employer became insolvent.
(6)[F8In this section “on his own account”, in relation to an employer, means on his own account but to fund benefits for, or in respect of, one or more [F4workers].]
Textual Amendments
F1Words in s. 120 substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(3)(a), 53(1); S.R. 2015/307, art. 2(1)(f)
F2Words in s. 120 substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(3)(b), 53(1); S.R. 2015/307, art. 2(1)(f)
F3Words in s. 120(3) inserted (19.12.1995) by S.I. 1995/3213 (N.I. 22), art. 88 (with art. 118(5)(6)); S.R. 1995/477, art. 2(a), Sch. Pt. I
F4Word in s. 120 substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(3)(d), 53(1); S.R. 2015/307, art. 2(1)(f)
F5S. 120(3A) inserted (19.12.1995) by S.I. 1995/3213 (N.I. 22), art. 88 (with art. 118(5)(6)); S.R. 1995/477, art. 2(a), Sch. Pt. I
F6Words in s. 120(4) substituted (24.9.1996) by S.I. 1996/1919 (N.I. 16), arts. 1(2), 255, Sch. 1 (with art. 256, Sch. 2)
F7Words in s. 120 substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(3)(c), 53(1); S.R. 2015/307, art. 2(1)(f)
F8S. 120(6) added (22.9.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 10 para. 16; S.R. 2005/411, art. 2(3)
Marginal Citations