^[6]>

(ii) in the case of—

(I) such a contribution made on retirement, following an application in writing made before 6 February 2003 by the employee in response to an invitation in writing under the scheme, pursuant to the rules of the scheme—

(A) to contribute towards the purchase for superannuation purposes of relevant benefits, consisting of only a pension on retirement not exceeding one-eightieth of the employee’s final remuneration for each year of service up to a maximum of 40 years and a lump sum not exceeding three-eightieths of the employee’s final remuneration for each year of service up to a maximum of 40 years, in respect of actual service by the employee before becoming a member of the scheme, and

(B) to make such purchase by way of such a contribution either on retirement or otherwise,

and as a consequence of which application the employee opted, or was treated by the scheme as opting, to make the contribution on retirement, for the purposes of receiving relevant benefits under the scheme in excess of the benefits which, if the application referred to had not been made, the employee would otherwise have been entitled to receive under those rules, or

(II) a contribution to which paragraph (ba) applies,

be apportioned among such years as the Revenue Commissioners direct, and the amount of the contribution attributed thereby to any year shall be treated as an ordinary annual contribution paid in that year.

^<[6]

^[3]>

(ba) This paragraph applies to a contribution, which is not an ordinary annual contribution, and which—

(i) is required by the statute under which the scheme is established or by any other statute or regulation to be made in respect of the provision of a pension for ^[10]>any widow, widower, children or dependants of the officer or employee^<[10][10]>any widow, widower, surviving civil partner, children or dependants, or children of the surviving civil partner, of the officer or employee^<[10] by way of a deduction from a lump sum payable to the employee on ^[12]>retirement, or^<[12][12]>retirement or from the balance of a lump sum payable to the employee in accordance with paragraph 5 of Appendix A of the Department of Finance Circular 12/09, dated 30 April 2009, entitled ‘Incentivised Scheme of Early Retirement’, or^<[12]

(ii) is, following resumption of or on change of employment, made, on retirement, in connection with the repayment by the officer or employee to the scheme of superannuation contributions previously refunded to the officer or employee or of relevant benefits provided to the officer or employee on the officer or employee’s leaving the office or employment in relation to service in which the superannuation contributions or, as the case may be, the relevant benefits related.

^<[3]

^[14]>

(bb) (i) In this paragraph—

“fixed-term employee” has the meaning assigned to it by section 2 of the Protection of Employees (Fixed-Term Work) Act 2003;

“NUIG” means the National University of Ireland, Galway;

“NUIG scheme” means, as the case may be—

(I) the National University of Ireland, Galway (Closed) Pension Scheme 2010 (Joint Pension Scheme), or

(II) the National University of Ireland, Galway Pension Scheme 2005 (Model Scheme);

“qualifying period” means the period beginning on 1 July 2008 and ending on 31 December 2018;

“relevant period” means the period beginning on 14 July 2003 and ending on 30 June 2008;

“relevant year” means any year which falls wholly or partially within the relevant period;

“specified employee” means an individual who was a fixed-term employee of NUIG during the relevant period under a contract of employment which is governed by the Protection of Employees (Fixed-Term Work) Act 2003.

(ii) This paragraph applies to a contribution, which is not an ordinary annual contribution, paid or borne by a specified employee under the NUIG scheme during the qualifying period in respect of a relevant year, other than such a contribution which is—

(I) treated as an ordinary annual contribution in accordance with subparagraph (i) or (ii)(II) of paragraph (b), or

(II) following an election under subsection (3), is treated for the purposes of this section as paid in the year prior to the year in which it is paid.

(iii) Any contribution to which this paragraph applies, which has not otherwise been deducted as an expense in assessing income tax under Schedule E for any year, shall be treated as an ordinary annual contribution paid in the relevant year.

^<[14]

^[1]>

(c) The aggregate amount of annual contributions (whether ordinary annual contributions or contributions treated as ordinary annual contributions) allowed to be deducted in any year shall not exceed—

(i) in the case of an individual who at any time during the year of assessment was of the age of 30 years or over but had not attained the age of 40 years, 20 per cent,

(ii) in the case of an individual who at any time during the year of assessment was of the age of 40 years or over but had not attained the age of 50 years, 25 per cent,

of the remuneration for that year of the office or employment in respect of which the contributions are paid.

^<[1]

^[4]>

(d) Where in any year of assessment a reduction or a greater reduction would be made under this section in the remuneration of an individual but for an insufficiency of remuneration, the amount of the reduction which would have been made but for that reason, less the amount of the reduction which is made in that year, shall be carried forward to the next year of assessment, and shall be treated for the purposes of relief under this section as the amount of an annual contribution paid in the next year of assessment.

(e) In so far as an amount once carried forward under paragraph (d) (and treated as an amount of an annual contribution paid in the next year of assessment) is not deducted from or set off against the individual’s remuneration for that year of assessment, it shall be carried forward again to the following year of assessment (and treated as the amount of an annual contribution paid in that year of assessment) and so on for succeeding years.

^<[4]

^[15]>

(2A) (a) Paragraphs (b)(ii) and (bb) of subsection (2) shall operate notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made where the officer or employee makes a claim for relief in respect of a contribution which is not an ordinary annual contribution within 4 years from the end of the year of assessment in which such contribution is paid or borne by the officer or employee and section 865(6) shall not prevent the Revenue Commissioners from making a repayment of tax as a consequence of such a claim, where a valid claim for a repayment of tax (within the meaning of section 865(1) (b)) has been made by the officer or employee.

(b) For the purposes of this subsection, where a contribution to which subsection (2)(bb) applies has been paid or borne by a specified employee before 1 January 2015, it shall be treated as having been paid or borne by the employee in the year of assessment 2014.

^<[15]

^[5]>

(3) ^[16]>Subject to paragraphs (b) and (ba) of subsection (2),^<[16][16]>Subject to paragraphs (b), (ba) and (bb) of subsection (2),^<[16] where in relation to a year of assessment any contribution, which is not an ordinary annual contribution, is paid by an employee under the scheme after the end of the year of assessment but before the specified return date for the chargeable period (within the meaning of ^[11]>Part 41^<[11][11]>Part 41A^<[11]), the contribution may, if the individual so elects on or before that date, be treated for the purposes of this section as paid in the earlier year (and not in the year in which it is paid); but where the amount of that contribution, together with any other contribution to the scheme paid by the individual in the year to which the contribution relates (or treated as so paid by virtue of any previous election under this subsection), exceeds the maximum amount of contributions allowed to be deducted in that year, the election shall have no effect as respects the excess.

^<[5]