Regulation 2 Calculation of additional pension where contributions equivalent premium paid or treated as paid

England, Wales and Scotland

Where a contributions equivalent premium—

(a)

is paid in accordance with the provisions of sections 55 to 61 of the Pension Schemes Act 1993 M1 (which deal with the payment of a contributions equivalent premium in respect of specified periods of contracted-out employment) and regulations made thereunder F1(as they then had effect); or

(b)

is treated as having been paid in accordance with the provisions of paragraph 5(3) to (3E) of Schedule 2 to that Act M2 (which provide for a contributions equivalent premium to be treated as paid in respect of contracted-out employment in certain circumstances) and regulations made thereunder,

the amount referred to in F2section 45(2)(c) or (d) of the Contributions and Benefits Act (which provides for the calculation of the amount of additional pension in a Category A retirement pension in relation to the 2002–2003 tax year and subsequent tax years) is to be calculated in accordance with Parts I and II of F3Schedule 4A to the Contributions and Benefits Act or, as the case may be, Parts 1 and 2 of Schedule 4B to that Act (additional pension) as if the employment in respect of which a premium is paid, or treated as paid, had not been contracted-out employment.

Annotations

Textual amendments

F1: Words in reg. 2(a) inserted (6.4.2016) by The Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order 2016 (S.I. 2016/200), arts. 1(2), 19(3)
F2: Words in reg. 2 substituted (6.4.2012 being the beginning of the flat rate introduction year, see S.I. 2011/2953, art. 2) by Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(2), 25(2)
F3: Words in reg. 2 substituted (6.4.2012 being the beginning of the flat rate introduction year, see S.I. 2011/2953, art. 2) by Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(2), 25(3)

Marginal citations

M1: Section 55 was amended by section 141(1) of, and by paragraph 50 of Schedule 5 and Part III of Schedule 7 to, the 1995 Act. Section 56 was amended by paragraph 51 of Schedule 5 and Part III of Schedule 7, to the 1995 Act and paragraphs 54 and 55 of Schedule 1 to the 1999 Act. Section 57 was amended by paragraph 21 of Schedule 5 to the 1995 Act. Section 58 was amended by paragraph 52 of Schedule 5 and Part III of Schedule 7 to, the 1995 Act and by paragraph 55 of Schedule 1 to the 1999 Act. Section 59 was repealed by paragraph 53 of Schedule 5, and Part III of Schedule 7, to the 1995 Act. Section 60 was amended by paragraph 54 of Schedule 5, and Part III of Schedule 7, to the 1995 Act and section 61 was amended by paragraph 55 of Schedule 5 to that Act.
M2: Paragraph 5(3) was amended by section 141(2)(a) of, and Part III of Schedule 7 to, the 1995 Act and paragraphs (3A) to (3E) were inserted by section 141(2)(b) of that Act. Sub-paragraphs (3) to (3C) were amended by paragraph 62 of Schedule 1 to the 1999 Act.