Regulation 26 Repayment of contributions where salary is restricted under regulation 39
This regulation applies where the relevant salary of a person (P) during the last 365 days of P's average salary service is restricted by regulation 39.
Where this regulation applies the Secretary of State is to repay—
to P a sum equivalent to A-B, and
to P's last employer before retirement benefits became payable to P, a sum equivalent to C-D.
In paragraph (2)—
A is the aggregate of the contributions paid by P under regulation 18 or Schedule 5 or under Schedules 4 or 5 of TPR 1997 during all relevant periods;
B is the aggregate of the contributions which would have been paid under regulation 18 or Schedule 5 or under Schedules 4 or 5 of TPR 1997 during all relevant periods if P had actually received the salary which P is treated as receiving during each relevant period by virtue of regulation 39(2)(a), (b) or (c);
C is the aggregate of the contributions paid by P's employer under regulation 27 during all relevant periods;
D is the aggregate of the contributions which would have been paid by P's employer under regulation 27 if P had actually received the salary which P is treated as receiving during each relevant period by virtue of regulation 39(2)(a), (b) or (c).
In this regulation a “relevant period” is any of—
the last 365 days of P's average salary service,
Year 1 (as defined in regulation 39(9)), or
Year 2 (as defined in regulation 39(9)
in which P is treated as receiving a relevant salary in accordance with regulation 39(2)(a), (b) or (c) but Year 1 or Year 2 are only relevant periods if the operation of regulation 39(2)(b) or (c) affects the relevant salary which P is treated as receiving during the last 365 days of P's average salary service.