# The National Employment Savings Trust Order 2010, Article 24: Annual contribution limit: refund of excess contributions


(1) This article applies in relation to contributions made in any tax year in excess of the annual contribution limit for that year.
(2) Subject to paragraph (2) of article 26, contributions made to the Scheme in excess of the annual contribution limit by—
(a) a member of the Scheme;
(b) a participating employer on behalf of a member of the Scheme; or
(c) a person other than a participating employer of a member of the Scheme, in respect of a member,
must not be applied to the member’s pension account in respect of that same tax year and may be refunded to the member.
(3) Contributions made to the Scheme (in excess of the annual contribution limit) by a participating employer in respect of a member of the Scheme may be refunded to the employer but only once contributions by—
(a) the member;
(b) a participating employer on behalf of the member; or
(c) a person other than a participating employer of the member, in respect of the member,
have already been refunded under paragraph (2).
(4) The Trustee may determine not to refund contributions under this article if the annual contribution limit is exceeded by an amount determined by the Trustee to be disproportionate to the cost of making a refund.
(5) In the event that contributions have already been applied to a member’s pension account (whether or not in error), the Trustee may determine that contributions be—
(a) retained in the member’s pension account;
(b) refunded to the member; or
(c) refunded to the participating employer.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111490495/article/24 (the official version)
Page: https://openlegislation.uk/draft-national-employment-savings-trust-order-2010/article-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.