House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

3

House of Commons

Tuesday 6 November 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Service Pensions Bill

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 5 November (Standing Order

No. 83C):

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 6

November) meet—

(a)
at 2.00 pm on Tuesday 6 November;

(b)
at 11.30 am and 2.00 pm on Thursday 8 November;

(c)
at 8.55 am and 2.00 pm on Tuesday 13 November;

(d)
at 8.55 am and 2.00 pm on Tuesday 20 November;

(e)
at 11.30 am and 2.00 pm on Thursday 22 November;

(2)
the Committee shall hear oral evidence on Tuesday 6 November in

accordance with the following Table:

      TABLE

Time
Witness

Until no later than 9.45 am
Institute for Fiscal Studies

Intergenerational Foundation

Chartered Institute of Public Finance and

  Accountancy

Until no later than 10.15 am
UNISON

Unite

Until no later than 11.00 am
Trades Union Congress

GMB

British Medical Association

Until no later than 11.20 am
Lord Hutton of Furness

Until no later than 3.00 pm
Pension Policy Institute

National Association of Pension Funds

Association of Consulting Actuaries

Until no later than 4.00 pm
Confederation of British Industry

Prospect

Police Federation

Until no later than 4.45 pm
Local Government Association

Pensions Regulator

Until no later than 5.30 pm
National Union of Teachers

NASUWT

Public Bill Committee: 6 November 2012
4

Public Service Pensions Bill, continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clause 1; Schedule 1; Clause 22; Clause 2; Schedule 2;

Clause 3; Schedule 3; Clauses 4 to 6; Clauses 13 to 15; Schedule 4; Clauses

7 to 12; Clause 16; Schedule 5; Clause 17; Schedule 6; Clause 18; Schedule

7; Clauses 19 to 21; Clauses 23 and 24; Schedule 8; Clauses 25 and 26;

Schedule 9; Clauses 27 and 28; Schedule 10; Clauses 29 and 30; Schedule 11;

Clauses 31 and 32; new Clauses; new Schedules; Clauses 33 to 38; remaining

proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 22 November.

Sajid Javid has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee (Standing Order No. 83C).

Sajid Javid

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Sajid Javid

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Public Bill Committee: 6 November 2012
5

Public Service Pensions Bill, continued

Sajid Javid

25


Schedule  1,  page  22,  line  29,  at end insert ‘and of the Police Service of Northern

Ireland Reserve, police trainees, police reserve trainees and police cadets’.

Chris Leslie

Cathy Jamieson

72


Clause  22,  page  12,  line  35,  at end insert—

‘(10)
When scheme regulations make provision under this section for the participation

of persons not in public service, the relevant responsible authority shall calculate

and publish—

(a)
the cost to the scheme of participation by those persons not in public

service; and

(b)
how those costs will be funded.’.

Sajid Javid

1


Clause  3,  page  2,  line  8,  after second ‘different’ insert ‘purposes or’.

Chris Leslie

Cathy Jamieson

44


Clause  3,  page  2,  line  13,  at end insert—

‘(3A)
Scheme regulations shall not make any provision which would have the effect of

reducing the amount of any pension, allowance or gratuity, insofar as that amount

is directly or indirectly referable to rights which have accrued (whether by virtue

of service rendered, contributions paid or any other thing done) before the coming

into operation of the scheme, unless the persons specified in subsection (3B) have

agreed to the inclusion of that provision.

(3B)
The persons referred to in subsection (3A) are the persons or representatives of

the persons who appear to the responsible authority to be likely to be affected by

the regulations if they were made.’.

Sajid Javid

2


Clause  4,  page  2,  line  38,  at end insert—

‘( )
Subsection (1) does not apply to a scheme under section 1 which is an injury or

compensation scheme.’.

Public Bill Committee: 6 November 2012
6

Public Service Pensions Bill, continued

Sajid Javid

3


Clause  4,  page  2,  line  38,  at end insert—

‘( )
Scheme regulations may comply with the requirement in subsection (1)(a) or (b)

by providing for different persons to be responsible for managing or

administering different parts of a scheme (and references in this Act to the

“scheme manager”, in such a case, are to be construed accordingly).’.

Chris Leslie

Cathy Jamieson

45


Clause  5,  page  3,  line  4,  leave out ‘following’ and insert ‘in subsection (2).

(1A)
Regulations shall provide for the establishment of a pensions board for each

individual pension fund which makes provision for local government workers.’.

Chris Leslie

Cathy Jamieson

46


Clause  5,  page  3,  line  8,  at end insert—

‘(b)
oversight of financial management of the scheme and, in the case of

funded schemes, oversight of investment management.’.

Chris Leslie

Cathy Jamieson

47


Clause  5,  page  3,  line  16,  at end insert—

‘(i)
to publish a policy governing the appointment of board

members,’.

Chris Leslie

Cathy Jamieson

48


Clause  5,  page  3,  line  24,  at end insert—

‘(c)
requiring that at least one third of pension board members are nominated

by members of the scheme; and

(d)
requiring that at least one member of the pension board is an independent

board member.’.

Chris Leslie

Cathy Jamieson

49


Clause  5,  page  3,  line  29,  at end insert—

‘(5A)
For a board member to be nominated by scheme members under subsection 4(c)

that member must—

(a)
be nominated as the result of a process in which at least the following are

eligible to participate—

(i)
all the active members of the scheme or an organisation which

adequately represents the active members, and

(ii)
all the pensioner members of the scheme or an organisation

which adequately represents the pensioner members, and

Public Bill Committee: 6 November 2012
7

Public Service Pensions Bill, continued

(b)
be selected as a result of a process which involves some or all of the

members of the scheme.

(5B)
In subsection 4(d) an “independent board member” is a board member who—

(a)
has no interest in the assets of the scheme or of the scheme employer or

employers; and

(b)
is neither connected with, nor an associate of, the employer or

employers.’.

Sajid Javid

4


Clause  5,  page  3,  line  30,  leave out subsection (6) and insert—

‘(6)
Where the scheme manager of a scheme under section 1 is a committee of a local

authority, the scheme regulations may provide for that committee also to be the

board for the purposes of this section.’.

Sajid Javid

5


Clause  5,  page  3,  line  35,  leave out from ‘(6)’ to end of line 41 and insert ‘“local

authority” means—

(a)
a local authority in England and Wales within the meaning of Part 1 of

the Local Government and Housing Act 1989;’.

Sajid Javid

6


Clause  5,  page  3,  line  46,  at end insert—

‘( )
This section does not apply to a scheme under section 1 which is an injury or

compensation scheme.’.

Sajid Javid

7


Clause  6,  page  4,  line  8,  at end insert—

‘( )
This section does not apply to a scheme under section 1 which is an injury or

compensation scheme’.

Chris Leslie

Cathy Jamieson

61


Clause  13,  page  8,  line  14,  leave out subsection (1) and insert—

‘(1)
The Treasury shall make directions requiring the scheme manager or responsible

authority of a scheme under section 1 to publish scheme information.

(1A)
The Treasury may make directions requiring the scheme manager or responsible

authority of a scheme under section 1 to provide scheme information to the

Treasury.’.

Public Bill Committee: 6 November 2012
8

Public Service Pensions Bill, continued

Chris Leslie

Cathy Jamieson

62


Clause  13,  page  8,  leave out lines 20 and 21 and insert ‘Scheme information under

subsection (1) shall include, but is not limited to, the following:’.

Chris Leslie

Cathy Jamieson

63


Clause  13,  page  8,  line  26,  at end insert—

‘(f)
full valuation reports.

(3A)
The Treasury may make provision for scheme information to be provided in a

specified format.’.

Chris Leslie

Cathy Jamieson

64


Clause  13,  page  8,  line  28,  at end insert—

‘(4A)
The Office of Budget Responsibility shall report at regular intervals specified by

the Treasury on the long-term fiscal impact of public service pension schemes.’.

Chris Leslie

Cathy Jamieson

76


Schedule  4,  page  28,  line  36,  leave out ‘may’ and insert ‘shall’.

Sajid Javid

26


Schedule  4,  page  31,  line  45,  after ‘if’, insert—

‘(a)
it is an injury or compensation scheme (within the meaning of the Public

Service Pensions Act 2013), or

(b)
’.

Sajid Javid

27


Schedule  4,  page  32,  line  31,  after ‘if’, insert—

‘(a)
it is an injury or compensation scheme (within the meaning of the Public

Service Pensions Act 2013), or

(b)
’.

Chris Leslie

Cathy Jamieson

77


Schedule  4,  page  35,  line  10,  leave out ‘may’ and insert ‘shall’.

Public Bill Committee: 6 November 2012
9

Public Service Pensions Bill, continued

Sajid Javid

28


Schedule  4,  page  35,  line  26,  leave out ‘section 113 of the Pension Schemes Act

1993’ and insert ‘section 109 of the Pension Schemes (Northern Ireland) Act 1993’.

Chris Leslie

Cathy Jamieson

50


Clause  7,  page  4,  line  20,  at end insert—

‘(3A)
A scheme under section 1 which replaces a defined benefit scheme may only be

established as a defined benefits scheme.’.

Chris Leslie

Cathy Jamieson

51


Clause  8,  page  5,  line  1,  after ‘Treasury’, insert ‘reasonably’.

Chris Leslie

Cathy Jamieson

52


Clause  8,  page  5,  line  6,  leave out ‘negative’ and insert ‘affirmative’.

Chris Leslie

Cathy Jamieson

53


Clause  9,  page  5,  line  31,  at end insert—

‘(4A)
A person’s normal or deferred pension age under a scheme under section 1 will

not change by operation of this section unless 10 years’ or more notice of the

change has been given.’.

Chris Leslie

Cathy Jamieson

54


Clause  9,  page  5,  line  31,  at end insert—

‘(4B)
The link between the state pension age and a person’s normal or deferred pension

age shall be regularly and independently reviewed to ensure that the link remains

appropriate in light of scheme members’ longevity.’.



© Parliamentary copyright	Revised 6 November 2012