Regulation 2 Exceptions to section 12(1)

F1Section 111(1) (voluntary contributions requirements) shall not apply to the rules of any public service pension scheme unless it is an exempt approved scheme for the purposes of section 21 of the Finance Act 1970 M1.

Section 111(1) shall not apply to the rules of any personal pension scheme in so far as it is comprised in an annuity contract made before F21st July 1988.

Section F3111(1)(a) and (b) shall not apply to the rules of any scheme in so far as they relate to the payment by a member of any sum as voluntary contributions where that payment would not qualify for relief from tax in accordance with section 21(4) or 22(2) of the Finance Act 1970 M2.

Section 111(1)(a) and (b) shall not apply to the rules of any scheme in so far as they provide that a member of the scheme must give the trustees or managers of the scheme notice, of a period not exceeding 12 months, of his intention to pay voluntary contributions at a specified rate or to vary that rate.

Section 111(1)(a) and (b) shall not apply to the rules of any personal pension scheme in so far as they relate to a member whose rights under the scheme derive only from one or more transfer payments.

Section 111(1)(a) and (b) shall not apply to the rules of any occupational pension scheme (“the first scheme”) in so far as they relate to a member—

Section 111(1)(a) and (b) shall not apply to the rules of any scheme which provides that the only contributions payable in respect of a member shall be the minimum contributions payable by the Secretary of State in respect of that member under F5section 43 of the Act if—

F8Section 111(1)(b) shall not apply to the rules of any scheme in so far as they impose, or allow any person to impose, a lower limit on the payment by a member of voluntary contributions in respect of any tax year if that lower limit is not higher than the amount specified in paragraph (8) of this regulation.

The amount last mentioned in paragraph (7) of this regulation is 0.5 per cent. of the member's earnings in that tax year, or, if it is greater, 3 times the lower earnings limit (within the meaning of section 1 of the Social Security Pensions Act 1975 M3 for that tax year.

In paragraph (8) of this regulation, “member's earnings” means—

in respect of which secondary Class 1 contributions are payable.

Section 111(1)(b) shall not apply to the rules of any scheme in so far as they impose, or allow any person to impose, an upper limit on the payment by a member of voluntary contributions which is equivalent to the maximum amount which, ignoring any remuneration in kind, could be paid in any period without prejudicing the qualification of the scheme for tax-exemption or tax-approval.

F9Section 111(1)(c) and (d) shall not apply to the rules of any scheme in relation to a member's voluntary contributions to the extent that those contributions are paid under an agreement—

F10Section 111(1)(d)(ii) shall not apply to the rules of any scheme to the extent that the additional benefits provided in accordance with them are money purchase benefits.