9 Deemed earnings factors for purposes of additional pension

Additional pension: deemed earnings factors

9  Deemed earnings factors for purposes of additional pension

(1)     After section 44A of the SSCBA insert—

“44B Deemed earnings factors: 2010–11 onwards

(1)     This section applies to 2010–11 and subsequent tax years.

(2)     For the purposes of section 44(6)(za) above, if any of Conditions A to C in subsections (3) to (5) below is satisfied for a relevant year to which this section applies, a pensioner is deemed to have an earnings factor for that year which—

(a)     is derived from so much of his earnings as did not exceed the applicable limit and on which primary Class 1 contributions were paid; and

(b)     is equal to the amount which, when added to any other earnings factors taken into account under that provision, produces an aggregate of earnings factors equal to the low earnings threshold.

(3)     Condition A is that the pensioner would, apart from this section, have an earnings factor for the year—

(a)     equal to or greater than the qualifying earnings factor (“the QEF”) for the year, but

(b)     less than the low earnings threshold for the year.

(4)     Condition B is that the pensioner—

(a)     would, apart from this

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