House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

21

House of Commons

Thursday 8 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 Order of the

Committee [6 November 2012].

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’.

Public Bill Committee: 8 November 2012
22

Public Service Pensions Bill, continued

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.’.

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—

Public Bill Committee: 8 November 2012
23

Public Service Pensions Bill, continued

‘(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

(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—

Public Bill Committee: 8 November 2012
24

Public Service Pensions Bill, continued

‘( )
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.’.

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.’.

Public Bill Committee: 8 November 2012
25

Public Service Pensions Bill, continued

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’.

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’.

Public Bill Committee: 8 November 2012
26

Public Service Pensions Bill, continued

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.’.

Sajid Javid

8

Clause  10,  page  6,  line  7,  after ‘section 1’, insert ‘which is a defined benefits

scheme’.

Chris Leslie

Cathy Jamieson

55

Clause  10,  page  6,  line  21,  at end insert—

‘(3A)
Treasury directions under subsection (2) shall take into account the individual

nature of each of the different funded schemes that make provision for local

government workers.’.

Sajid Javid

9

Clause  10,  page  6,  line  24,  at end add—

‘( )
Scheme regulations for a scheme under section 1 which is not a defined benefits

scheme may provide for actuarial valuations to be made of the scheme and any

statutory pension scheme which is connected with it; and if they do, subsections

(2) to (4) apply.’.

Chris Leslie

Cathy Jamieson

56

Clause  10,  page  6,  line  24,  at end add ‘and with the written approval of the

Public Bill Committee: 8 November 2012
27

Public Service Pensions Bill, continued

Government Actuary.’.

Sajid Javid

10

Clause  11,  page  6,  line  26,  after ‘section 1’, insert ‘which is a defined benefits

scheme’.

Chris Leslie

Cathy Jamieson

57

Clause  11,  page  6,  line  40,  at end insert—

‘(4A)
Treasury directions under subsection (3) may only be made after consultation

with the persons or representatives of the persons who appear to the Treasury to

be likely to be affected by the employer cost cap.’.

Chris Leslie

Cathy Jamieson

58

Clause  11,  page  7,  line  15,  at end insert ‘provided that they do not have the effect

of reducing members’ accrued benefits.’.

Chris Leslie

Cathy Jamieson

59

Clause  11,  page  7,  line  19,  leave out ‘negative’ and insert ‘affirmative’.

Sajid Javid

11

Clause  12,  page  7,  line  26,  leave out ‘scheme’ and insert ‘pension fund’.

Sajid Javid

12

Clause  12,  page  7,  line  27,  at end insert ‘, so far as relating to the pension fund’.

Chris Leslie

Cathy Jamieson

60

Clause  12,  page  7,  line  29,  at end insert ‘or, where a pension scheme consists of

more than one fund, separate actuarial valuations of each fund.’.



© Parliamentary copyright	Revised 8 November 2012