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Public Service Pensions BillPage 40

15 A scheme constituted by paragraph 6(3) of Schedule 11 to the Welsh
Language (Wales) Measure 2011 (nawm 1).

Local government workers

16 A scheme constituted by paragraph 2 of Schedule 1 to the Coroners Act 1988.

17 5Regulations under section 7 of the Superannuation Act 1972.

18 Regulations under Article 9 of the Superannuation (Northern Ireland) Order
1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Teachers

19 Regulations under section 9 of the Superannuation Act 1972.

20 10Regulations under Article 11 of the Superannuation (Northern Ireland)
Order 1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Health service workers

21 Regulations under section 10 of the Superannuation Act 1972.

22 Regulations under Article 12 of the Superannuation (Northern Ireland)
15Order 1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Fire and rescue workers

23 A scheme under section 26 of the Fire Services Act 1947.

24 An order under Article 10 of the Fire Services (Northern Ireland) Order 1984
(S.I. 1984/1821 (N.I. 11)S.I. 1984/1821 (N.I. 11)) (continued by Article 60 of the Fire and Rescue
20Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)S.I. 2006/1254 (N.I. 9))).

25 A scheme under section 34 of the Fire and Rescue Services Act 2004.

Members of police forces

26 Regulations under section 1 of the Police Pensions Act 1976.

27 A scheme under section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland)
25Act 1998.

Public Service Pensions BillPage 41

Armed forces

28 The scheme constituted by the Royal Warrant of 19 December 1949 (see
Army Order 151 of 1949).

29 An Order in Council under section 3 of the Naval and Marine Pay and
5Pensions Act 1865.

30 An order under section 2 of the Pensions and Yeomanry Pay Act 1884.

31 An order under section 2 of the Air Force (Constitution) Act 1917.

32 Orders or regulations under section 4 of the Reserve Forces Act 1996
containing provision made under section 8 of that Act.

33 10A scheme under section 1(1) of the Armed Forces (Pensions and
Compensation) Act 2004.

Section 17

SCHEDULE 6 Existing injury and compensation schemes

Civil servants

1 15A scheme under section 1 of the Superannuation Act 1972.

2 A scheme under Article 3 of the Superannuation (Northern Ireland) Order
1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10)).

Judiciary

3 A scheme constituted by or made under Part 3 of Schedule 1 to the Judicial
20Pensions Act 1981.

4 A scheme constituted by section 11(b) of the Judicial Pensions Act 1981.

Local government workers

5 Regulations under section 7 of the Superannuation Act 1972.

6 Regulations under Article 9 of the Superannuation (Northern Ireland) Order
251972.

Public Service Pensions BillPage 42

Teachers

7 Regulations under section 9 of the Superannuation Act 1972.

8 Regulations under Article 11 of the Superannuation (Northern Ireland)
Order 1972.

5Health service workers

9 Regulations under section 10 of the Superannuation Act 1972.

10 Regulations under Article 12 of the Superannuation (Northern Ireland)
Order 1972.

Fire and rescue workers

11 10Article 10 of the Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821S.I. 1984/1821
(N.I. 11)).

12 A scheme under section 34 of the Fire and Rescue Services Act 2004.

Members of police forces

13 Regulations under section 1 of the Police Pensions Act 1976.

14 15A scheme under section 25(2) or 26(2) of the Police (Northern Ireland) Act
1998.

Armed forces

15 The scheme constituted by the Royal Warrant of 19 December 1949 (see
Army Order 151 of 1949).

16 20An Order in Council under section 3 of the Naval and Marine Pay and
Pensions Act 1865.

17 An order under section 2 of the Pensions and Yeomanry Pay Act 1884.

18 An order under section 2 of the Air Force (Constitution) Act 1917.

19 An order or regulations under section 4 of the Reserve Forces Act 1996
25containing provision made under section 8 of that Act.

Public Service Pensions BillPage 43

20 A scheme under section 1(1) of the Armed Forces (Pensions and
Compensation) Act 2004.

21 A scheme under section 1(2) of the Armed Forces (Pensions and
Compensation) Act 2004.

5Compensation schemes for loss of office etc

22 Regulations under section 24 of the Superannuation Act 1972.

23 Regulations under Article 19 of the Superannuation (Northern Ireland)
Order 1972.

Sections 18 and 28

SCHEDULE 7 10Final salary link

Persons who remain in an old scheme for past service

1 (1) This paragraph applies in a case where—

(a) a person is a member of an existing scheme closed under section 16
or a scheme closed under section 28 (the “old scheme”) by virtue of
15his or her pensionable service for that scheme (“the old scheme
service”), and

(b) the person is also a member of a scheme under section 1 or a new
public body pension scheme (“the new scheme”) by virtue of his or
her pensionable service for that scheme (“the new scheme service”).

(2) 20If, in a case where this paragraph applies—

(a) the old scheme service and the new scheme service are continuous,
and

(b) the person’s employer in relation to the old scheme service is the
person’s employer in relation to the new scheme service (or any
25other employer in relation to the new scheme),

then, in determining the person’s final salary for any purpose of the old
scheme—

(i) the old scheme service is to be regarded as having ended when the
new scheme service ended, and

(ii) 30the person’s pensionable earnings derived from the new scheme
service are to be regarded as derived from the old scheme service.

Persons whose benefits under an old scheme are transferred to another closed scheme

2 (1) This paragraph applies in a case where—

(a) a person has been a member of an existing scheme closed under
35section 16 or a scheme closed under section 28 (“the old scheme”) by
virtue of his or her pensionable service for that scheme (“the old
scheme service”),

(b) the person is also a member of a scheme under section 1 or a new
public body pension scheme (“the new scheme”) by virtue of his or
40her pensionable service for that scheme (“the new scheme service”),

Public Service Pensions BillPage 44

(c) the person’s rights to benefit under the old scheme have been
transferred after the closure of that scheme to an existing scheme
closed under section 16 or a scheme closed under section 28 (“the
transfer scheme”), and

(d) 5the old scheme service is treated, by virtue of that transfer, as
pensionable service of the person for the transfer scheme (“the
deemed transfer scheme service”).

(2) If, in a case where this paragraph applies—

(a) the deemed transfer scheme service and the new scheme service are
10continuous, and

(b) the person’s employer in relation to the new scheme service is an
employer in relation to the transfer scheme,

then, in determining the person’s final salary for any purpose of the transfer
scheme—

(i) 15the deemed transfer scheme service is to be regarded as having
ended when the new scheme service ended, and

(ii) the person’s pensionable earnings derived from the new scheme
service are to be regarded as derived from the deemed transfer
scheme service.

(3) 20In sub-paragraph (1)(c), the reference to a transfer of rights to benefit
includes the making of a transfer payment in respect of such rights.

Continuity of employment

3 (1) For the purposes of paragraphs 1(2)(a) and 2(2)(a), there are to be
disregarded—

(a) 25any gap in service where the person was in pensionable public
service;

(b) a single gap of service where the person was not in pensionable
public service, if that gap does not exceed five years;

(c) two or more gaps in service where the person was not in pensionable
30public service, if none of the gaps exceeds five years.

(2) In this paragraph, “pensionable public service” means service which is
pensionable service in relation to—

(a) a scheme under section 1, or

(b) a new public body pension scheme.

35Movement between new schemes

4 Where the condition in sub-paragraph (1)(b) of paragraph 1 or 2 applies by
virtue of periods of pensionable service for two or more different schemes—

(a) identify the last period of pensionable service by virtue of which that
paragraph applies and the scheme to which that service relates, and

(b) 40disregard, for the purposes of that sub-paragraph, periods of
pensionable service relating to other schemes.

Public Service Pensions BillPage 45

Section 24

SCHEDULE 8 Consequential and minor amendments

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

1 In section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of
5judges), at the end there is inserted—

(8) This Part is subject to section 16 of the Public Service Pensions Act
2013 (restrictions on benefits provided under existing schemes).

District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

2 In section 2 of the District Judges (Magistrates’ Courts) Pensions Act
10(Northern Ireland) 1960, after subsection (1A) there is inserted—

(1B) This Act is subject to section 16 of the Public Service Pensions Act
2013 (restrictions on benefits provided under existing schemes).

Sheriffs’ Pensions (Scotland) Act 1961 (c. 2)1961 (c. 2)

3 In section 1 of the Sheriffs’ Pensions (Scotland) Act 1961, after subsection (1)
15there is inserted—

(1A) This Act is subject to section 16 of the Public Service Pensions Act
2013 (restrictions on benefits provided under existing schemes).

Pensions (Increase) Act 1971 (c. 56)1971 (c. 56)

4 (1) Schedule 2 to the Pensions (Increase) Act 1971 (official pensions) is amended
20as follows.

(2) After paragraph 4 there is inserted—

4ZA A pension payable under a scheme made by the Minister for the
Civil Service under section 1 of the Public Service Pensions Act
2013 by virtue of section 1(2)(a) of that Act (civil servants).

(3) 25After paragraph 4A there is inserted—

4B A pension payable under a scheme made by the Minister for the
Civil Service under section 1 of the Public Service Pensions Act
2013 by virtue of section 1(2)(b) of that Act (non-devolved
judiciary).

(4) 30After paragraph 15A there is inserted—

15B A pension payable by the Secretary of State under a scheme made
by the Secretary of State under section 1 of the Public Service
Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members
of police forces) to or in respect of such a person as is referred to in
35paragraph 15 above.

(5) After paragraph 16A there is inserted—

16B A pension payable by the Secretary of State under a scheme made
by the Secretary of State under section 1 of the Public Service

Public Service Pensions BillPage 46

Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and
rescue workers).

(6) After paragraph 20A there is inserted—

20B A pension payable by the Secretary of State under a scheme made
5by the Secretary of State under section 1 of the Public Service
Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).

20C A pension payable under a scheme made by the Scottish Ministers
under section 1 of the Public Service Pensions Act 2013 by virtue
of section 1(2)(d) of that Act (teachers).

(7) 10After paragraph 22 there is inserted—

22A A pension payable by the Secretary of State under a scheme made
by the Secretary of State under section 1 of the Public Service
Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health
service workers).

22B 15A pension payable under a scheme made by the Scottish Ministers
under section 1 of the Public Service Pensions Act 2013 by virtue
of section 1(2)(e) of that Act (health service workers).

(8) After paragraph 29 there is inserted—

A pension payable under a scheme made under section 1 of the
20Public Service Pensions Act 2013 by virtue of section 1(2)(h) of that
Act (armed forces).

(9) After paragraph 39 there is inserted—

39A A pension payable under a defined benefits scheme, within the
meaning of the Public Service Pensions Act 2013, made by the
25Secretary of State or the Scottish Ministers under section 1 of that
Act by virtue of section 1(2)(c) of that Act (local government
workers).

(10) After paragraph 43 there is inserted—

43A A pension payable under a defined benefits scheme, within the
30meaning of the Public Service Pensions Act 2013, made by the
Secretary of State or the Scottish Ministers under section 1 of that
Act by virtue of section 1(2)(g) of that Act (police).

(11) After paragraph 44 there is inserted—

44A A pension payable under a defined benefits scheme, within the
35meaning of the Public Service Pensions Act 2013, made by the
Secretary of State, the Scottish Ministers or the Welsh Ministers
under section 1 of that Act by virtue of section 1(2)(f) of that Act
(fire and rescue workers).

Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)1971 (c. 35)

5 (1) 40Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 (official
pensions) is amended as follows.

(2) After paragraph 2 there is inserted—

2A A pension payable under a scheme made by a Northern Ireland
department under section 1 of the Public Service Pensions Act
452013 by virtue of section 1(2)(a) of that Act (civil servants).

(3) After paragraph 3A there is inserted—

3B A pension payable by a Northern Ireland department under a
scheme made by the department under section 1 of the Public
Service Pensions Act 2013 by virtue of section 1(2)(d) of that Act
50(teachers).

(4) Before paragraph 6 there is inserted—

5A A pension payable by a Northern Ireland department under a
scheme made by the department under section 1 of the Public
Service Pensions Act 2013 by virtue of section 1(2)(g) of that Act
55(members of police forces).

5B A pension payable under a scheme made by a Northern Ireland
department under section 1 of the Public Service Pensions Act
2013 by virtue of section 1(2)(b) of that Act (devolved judiciary in
Northern Ireland).

(5) 60After paragraph 7A there is inserted—

7B A pension payable by a Northern Ireland department under a
scheme made by the department under section 1 of the Public
Service Pensions Act 2013 by virtue of section 1(2)(e) of that Act
(health service workers).

(6) 65After paragraph 14A there is inserted—

14B A pension payable under a defined benefits scheme, within the
meaning of the Public Service Pensions Act 2013, made by a
Northern Ireland department under section 1 of that Act by virtue
of section 1(2)(c) of that Act (local government workers).

(7) 70After paragraph 16 there is inserted—

16A A pension payable under a defined benefits scheme, within the
meaning of the Public Service Pensions Act 2013, made by a
Northern Ireland department under section 1 of that Act by virtue
of section 1(2)(f) of that Act (fire and rescue workers).

75Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

6 The Superannuation Act 1972 is amended as follows.

7 In section 1 (superannuation schemes as respects civil servants, etc), after

Public Service Pensions BillPage 47

subsection (1) there is inserted—

(1A) Subsection (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

8 5In section 7 (superannuation of persons employed in local government
service, etc), after subsection (1) there is inserted—

(1A) Subsection (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

9 10In section 9 (superannuation of teachers), after subsection (1) there is
inserted—

(1A) Subsection (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

10 15In section 10 (superannuation of persons engaged in health services, etc),
after subsection (1) there is inserted—

(1A) Subsection (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

11 20In section 24 (compensation for loss of office, etc), after subsection (1) there
is inserted—

(1A) Subsection (1) is subject to section 17 of the Public Service Pensions
Act 2013 (restrictions on benefits provided under existing schemes).

Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)S.I. 1972/1073 (N.I. 10))

12 25The Superannuation (Northern Ireland) Order 1972 is amended as follows.

13 In Article 3 (superannuation schemes as respects civil servants, etc), after
paragraph (1A) there is inserted—

(1B) Paragraph (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
30schemes).

14 In Article 9 (superannuation of persons employed in local government
service, etc), after paragraph (1) there is inserted—

(1A) Paragraph (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
35schemes).

15 In Article 11 (superannuation of teachers), after paragraph (1) there is
inserted—

(1A) Paragraph (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
40schemes).

16 In Article 12 (superannuation of persons engaged in health services, etc),

Public Service Pensions BillPage 48

after paragraph (1) there is inserted—

(1A) Paragraph (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

17 5In Article 19 (compensation for loss of office, etc), after paragraph (1) there
is inserted—

(1A) Paragraph (1) is subject to section 17 of the Public Service Pensions
Act 2013 (restrictions on benefits provided under existing schemes).

Police Pensions Act 1976 (c. 35)Police Pensions Act 1976 (c. 35)

18 10In section 1 of the Police Pensions Act 1976 (police pensions regulations),
after subsection (1) there is inserted—

(1A) Subsection (1) is subject to sections 16 and 17 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).

15House of Commons (Administration) Act 1978 (c. 36)1978 (c. 36)

19 In section 2 of the House of Commons (Administration) Act 1978 (functions
of House of Commons Commission), in subsection (3), after “kept in line
with the provisions of” there is inserted “, or provided under,”.

Judicial Pensions Act 1981 (c. 20)1981 (c. 20)

20 20In the Judicial Pensions Act 1981, before section 29A there is inserted—

29ZA Closure of schemes under this Act

This Act is subject to sections 16 and 17 of the Public Service Pensions
Act 2013 (restrictions on benefits provided under existing schemes).

Fire Services (Northern Ireland) Order 1984 (S.I. 1984/1821 (N.I. 11)S.I. 1984/1821 (N.I. 11))

21 25In the Fire Services (Northern Ireland) Order 1984 (continued by Article 60
of the Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/
1254 (N.I. 9))), after paragraph (3) there is inserted—

(3A) Paragraphs (1) to (3) are subject to sections 16 and 17 of the Public
Service Pensions Act 2013 (restrictions on benefits provided under
30existing schemes).

Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

22 In section 13 of the Local Government and Housing Act 1989 (voting rights
of members of certain committees), in subsection (4), after paragraph (fa)
there is inserted—

(fb) 35a committee of a relevant authority which is the scheme
manager (or scheme manager and pension board) of a
scheme under section 1 of the Public Service Pensions Act
2013;.

Public Service Pensions BillPage 49

Judicial Pensions and Retirement Act 1993 (c. 8)1993 (c. 8)

23 In section 1 of the Judicial Pensions and Retirement Act 1993, after
subsection (1) there is inserted—

(1A) This Part is subject to section 16 of the Public Service Pensions Act
52013 (restrictions on benefits provided under existing schemes).

Pension Schemes Act 1993 (c. 48)1993 (c. 48)

24 The Pension Schemes Act 1993 is amended as follows.

25 (1) Section 71 (short service benefit) is amended as follows.

(2) In subsection (3), for “subsection (4)” there is inserted “subsections (4) and
10(5A)”.

(3) After subsection (5) there is inserted—

(5A) Subsection (3) does not apply in relation to a scheme under section 1
of the Public Service Pensions Act 2013.

26 In section 83 (scope of Chapter 2: revaluation of accrued benefits), after
15subsection (1A) there is inserted—

(1B) The reference in subsection (1)(a)(iii) to normal pension age is to be
read, in relation to a person who is an active or deferred member of
a scheme under section 1 or 28(7) of the Public Service Pensions Act
2013, as—

(a) 20the member’s normal pension age within the meaning of that
Act, or

(b) the member’s deferred pension age within the meaning of
that Act, if that is later.

In this subsection “active member” and “deferred member”, in
25relation to such a scheme, have the meanings given by section 124(1)
of the Pensions Act 1995.

Pension Schemes (Northern Ireland) Act 1993 (c. 49)Pension Schemes (Northern Ireland) Act 1993 (c. 49)

27 The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

28 (1) Section 67 (short service benefit) is amended as follows.

(2) 30In subsection (3), for “subsection (4)” there is inserted “subsections (4) and
(5A)”.

(3) After subsection (5) there is inserted—

(5A) Subsection (3) does not apply in relation to a scheme under section 1
of the Public Service Pensions Act 2013.

29 35In section 79 (scope of Chapter 2: revaluation of accrued benefits), after
subsection (1A) there is inserted—

(1B) The reference in subsection (1)(a)(iii) to normal pension age is to be
read, in relation to a person who is an active or deferred member of
a scheme under section 1 or 28(7) of the Public Service Pensions Act
402013, as—

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