Public Service Pensions Bill (HC Bill 95)

(a) the 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.

5In this subsection “active member” and “deferred member”, in
relation to such a scheme, have the meanings given by Article 121(1)
of the Pensions (Northern Ireland) Order 1995.”

Merchant Shipping Act 1995 (c. 21)1995 (c. 21)

30 (1) Section 214 of the Merchant Shipping Act 1995 (pension rights of persons
10whose salaries are paid out of the General Lighthouse Fund) is amended as
follows.

(2) The existing provision is numbered as subsection (1).

(3) After that subsection there is inserted—

“(2) Where pensions, allowances and gratuities to or in respect of persons
15whose salaries are paid out of the General Lighthouse Fund are
payable otherwise than under subsection (1), sums in respect of
those benefits may with the approval of the Secretary of State be paid
out of that Fund.”

Police Act 1996 (c. 16)1996 (c. 16)

31 20The Police Act 1996 is amended as follows.

32 In section 50 (regulations for police forces), after subsection (2) there is
inserted—

“(2ZA) Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
25(pensions etc) in relation to members of police forces.”

33 (1) Section 51 (regulations for special constables) is amended as follows.

(2) In subsection (2)—

(a) at the end of paragraph (c) there is inserted “and”;

(b) paragraph (e) is repealed.

(3) 30After subsection (2) there is inserted—

“(2ZA) Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
(pensions etc) in relation to special constables.”

(4) Subsection (3) is repealed.

34 35In section 52 (regulations for police cadets), after subsection (1) there is
inserted—

“(1ZA) Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
(pensions etc) in relation to police cadets.”

Police (Northern Ireland) Act 1998 (c. 32)1998 (c. 32)

35 The Police (Northern Ireland) Act 1998 is amended as follows.

36 In section 25 (regulations for Police Service of Northern Ireland), after
subsection (2) there is inserted—

“(2A) 5Subsection (2)(k) is subject to section 16 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

37 In section 26 (regulations for reserve constables in Northern Ireland), after
subsection (2) there is inserted—

“(2A) 10Subsection (2)(g) is subject to section 16 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

Human Rights Act 1998 (c. 42)Human Rights Act 1998 (c. 42)

38 In Schedule 4 to the Human Rights Act 1998 (judicial pensions), in the
15definition of “pensions Act” in paragraph 4, after paragraph (d) (but before
the final “and”) there is inserted—

• “( e)

  the Public Service Pensions Act 2013;”.

Fire and Rescue Services Act 2004 (c. 21)Fire and Rescue Services Act 2004 (c. 21)

39 In section 34 of the Fire and Rescue Services Act 2004 (pensions etc), after
20subsection (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).”

Armed Forces (Pensions and Compensation) Act 2004 (c. 32)Armed Forces (Pensions and Compensation) Act 2004 (c. 32)

40 25In section 1 of the Armed Forces (Pensions and Compensation) Act 2004
(pension and compensation schemes for the armed and reserve forces), after
subsection (2) there is inserted—

“(2A) Subsections (1) and (2) are subject to sections 16 and 17 of the Public
Service Pensions Act 2013 (restrictions on benefits provided under
30existing schemes).”

Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)

41 In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of

the Lord Chancellor), in Part A of paragraph 4, at the end there is inserted—

“Public Service Pensions Act 2013

Schedule 2, paragraph 1(2)”.

Parliament (Joint Departments) Act 2007 (c. 16)2007 (c. 16)

42 5In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in
subsection (2)(c), after “kept in line with the provisions of” there is inserted
“, or provided under,”.

Section 26

SCHEDULE 9 Existing schemes for civil servants: extension of access

10Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

1 The Superannuation Act 1972 is amended as follows.

2 In section 1 (superannuation schemes as respects civil servants, etc), after
subsection (4) there is inserted—

“(4A) This section also applies to persons serving in employment or in an
15office, not being service in employment or in an office of a kind
mentioned in subsection (4), where the employment or office is
specified in a list produced for the purposes of this subsection (see
section 1A).”

3 After section 1 there is inserted—

“1A 20 List of employments and offices for purposes of section 1(4A)

(1) The Minister may specify an employment or office in a list produced
for the purposes of section 1(4A) if subsection (2), (3) or (4) applies in
relation to the employment or office.

(2) This subsection applies to an employment or office if—

(a) 25at any time on or after the commencement of this section, the
employment or office ceases to be of a kind mentioned in
section 1(4), and

(b) immediately before that time persons serving in the
employment or office are, or are eligible to be, members of a
30scheme under section 1 by virtue of section 1(4).

(3) This subsection applies to an employment or office if—

(a) at any time before the commencement of this section, the
employment or office ceased to be of a kind mentioned in
section 1(4), and

(b) 35at that time persons serving in the employment or office
ceased to be members of a scheme under section 1 or to be
eligible for membership of such a scheme.

(4) This subsection applies to an employment or office if—

(a) it is of a description prescribed by regulations, and

(b) the Minister determines that it is appropriate for it to be
specified for the purposes of section 1(4A).

(5) The power to specify an employment or office in reliance on
subsection (4) may be exercised so as to have retrospective effect.

(6) 5The Minister—

(a) may at any time amend a list produced under this section,
and

(b) must publish the list (and any amendments to it).

(7) The published list must comply with such requirements, and contain
10such information, as may be prescribed by regulations.

(8) Regulations made under this section must be made by the Minister
by statutory instrument; and an instrument containing such
regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.”

15Superannuation (Northern Ireland) Order 1972 (1972/1073 (N.I. 10))

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

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

“(3A) This Article also applies to persons serving in employment or in an
20office, not being service in employment or in an office of a kind
mentioned in paragraph (3), where the employment or office is
specified in a list produced for the purposes of this paragraph (see
Article 3A).”

6 After Article 3 there is inserted—

“3A 25 List of employments and offices for purposes of Article 3(3A)

(1) The Department may specify an employment or office in a list
produced for the purposes of Article 3(3A) if paragraph (2), (3) or (4)
applies in relation to the employment or office.

(2) This paragraph applies to an employment or office if—

(a) 30at any time on or after the commencement of this Article, the
employment or office ceases to be of a kind mentioned in
Article 3(3), and

(b) immediately before that time persons serving in the
employment or office are, or are eligible to be, members of a
35scheme under Article 3 by virtue of Article 3(3).

(3) This paragraph applies to an employment or office if—

(a) at any time before the commencement of this Article, the
employment or office ceased to be of a kind mentioned in
Article 3(3), and

(b) 40at that time persons serving in the employment or office
ceased to be members of a scheme under Article 3 or to be
eligible for membership of such a scheme.

(4) This paragraph applies to an employment or office if—

(a) it is of a description prescribed by regulations, and

(b) the Department determines that it is appropriate for it to be
specified for the purposes of Article 3(3A).

(5) The power to specify an employment or office in reliance on
paragraph (4) may be exercised so as to have retrospective effect.

(6) 5The Department—

(a) may at any time amend a list produced under this Article,
and

(b) must publish the list (and any amendments to it).

(7) The published list must comply with such requirements, and contain
10such information, as may be prescribed by regulations.

(8) Regulations made under this Article are subject to negative
resolution.”

Section 28(1)

SCHEDULE 10 Public bodies whose pension schemes must be closed

1 15Arts and Humanities Research Council.

2 Biotechnology and Biological Sciences Research Council.

3 Civil Nuclear Police Authority.

4 Commissioners of Irish Lights.

5 Economic and Social Research Council.

6 20Engineering and Physical Sciences Research Council.

7 Natural Environment Research Council.

8 Commissioners of Northern Lighthouses.

9 Science and Technology Facilities Council.

10 Secret Intelligence Service.

11 25Security Service.

12 Technology Strategy Board.

13 Trinity House Lighthouse Service.

14 United Kingdom Atomic Energy Authority.

Section 30

SCHEDULE 11 30Prime Minister, Lord Chancellor and Commons Speaker

Extension of MPs’ and Ministerial pension schemes

1 (1) Schedule 6 to the Constitutional Reform and Governance Act 2010
(parliamentary and other pensions) is amended as follows.

(2) Paragraph 12(2) to (5) (exclusion from MPs’ scheme of persons with service
as Lord Chancellor, Prime Minister or Commons Speaker) is repealed.

(3) In paragraph 16 (Ministers’ etc pension scheme)—

(a) in sub-paragraph (2), after paragraph (b) there is inserted—

“(ba) 5Lord Chancellor,

(bb) Speaker of the House of Commons,”;

(b) sub-paragraph (3) (exclusion from scheme of persons with service as
Lord Chancellor, Prime Minister or Commons Speaker) is repealed.

2 In section 4 of the Ministerial and other Pensions and Salaries Act 1991
10(grants to persons ceasing to hold ministerial and other offices), in
subsection (6)—

(a) in paragraph (a), “, other than that of Prime Minister and First Lord
of the Treasury,” is repealed;

(b) after paragraph (ba) there is inserted—

“(bb) 15the office of Lord Chancellor;

(bc) the office of Speaker of the House of Commons;”.

Lord Chancellor’s salary

3 (1) The Ministerial and other Salaries Act 1975 is amended as follows.

(2) In section 1 (salaries), in subsection (2), for the words from “at such rate” to
20the end there is substituted “of—

“(a) £68,827, where the Lord Chancellor is a member of the House
of Commons;

(b) otherwise, £101,038.”

(3) In that section, after subsection (5) there is inserted—

“(6) 25Where a person who holds office as Lord Chancellor (and to whom
a salary is accordingly payable under subsection (2)) is also the
holder of one or more other offices in respect of which a salary is
payable under this section, he shall only be entitled to one of those
salaries.

(7) 30If, in the case of a person mentioned in subsection (6), there is a
difference between the salaries payable in respect of the offices held
by him, the office in respect of which a salary is payable to him shall
be that in respect of which the highest salary is payable.”

(4) In section 1A (alteration of salaries), in subsection (1), after “section 1(1),”
35insert “(2)(a) or (b),”.

Closure of existing arrangements

4 The Lord Chancellor’s Pension Act 1832 is repealed.

5 Sections 26 to 28 of the Parliamentary and other Pensions Act 1972 (pensions
of Prime Minister, Commons Speaker and Lord Chancellor etc) are repealed.

6 40In the Judicial Pensions Act 1981—

(a) in section 16 (application and interpretation of Part 2 of Act), in the
Table, the entry relating to the office of Lord Chancellor is repealed;

(b) section 26 (references to retirement, in relation to Lord Chancellor, to
be read as resignation from office) is repealed.

7 The provisions listed in the following table (which includes spent
provisions) are repealed—

Saving

8 15This Schedule does not have effect in relation to any term of service as Prime
Minister and First Lord of the Treasury, Lord Chancellor, or Speaker of the
House of Commons beginning before the day on which section 30 comes
into force.