|
|
| |
| | |
71 | Page 20, line 3, after “Service” insert “or the Lord Chancellor” |
|
72 | Page 20, line 10, leave out paragraph (c) |
|
73 | Page 20, line 22, leave out paragraph (c) |
|
74 | Page 20, line 24, at end insert— |
|
| “( ) | In this Act, the “affirmative Commons procedure”, in relation to a Treasury |
|
| order, means that the order may not be made unless a draft of the |
|
| instrument containing it has been laid before, and approved by resolution |
|
| of, the House of Commons.” |
|
|
75 | Page 22, line 6, after “State (” insert “not” |
|
76 | Page 22, leave out lines 9 to 31 and insert “holders of an office specified in an order |
|
| |
| (a) | the Secretary of State, in relation to an office with a jurisdiction |
|
| exercised exclusively in relation to Scotland, or |
|
| (b) | the Lord Chancellor, in any other case. |
|
| (2) | An order under sub-paragraph (1) may only specify an office in or as |
|
| regards Scotland or Northern Ireland if the office is not a devolved |
|
| |
77 | Page 23, line 20, leave out from “Service,” to end of line 21 |
|
78 | Page 23, line 20, at end insert— |
|
| “(c) | the Defence Fire and Rescue Service” |
|
79 | Page 23, line 27, at end insert— |
|
| “(c) | includes members of the Ministry of Defence Police nominated |
|
| under section 1 of the Ministry of Defence Police Act 1987” |
|
80 | Page 23, line 28, leave out paragraph (c) |
|
|
81 | Page 24, line 9, leave out from “servants” to end of line 11 |
|
82 | Page 24, line 13, leave out sub-paragraph (2) and insert— |
|
| “1A(1) | Scheme regulations for the judiciary may be made by the Lord |
|
| |
| (2) | Before making scheme regulations in relation to an office with a |
|
| jurisdiction exercised exclusively in relation to Scotland, the Lord |
|
| Chancellor must consult the Secretary of State.” |
|
83 | Page 24, line 18, leave out sub-paragraphs (3) and (4) |
|
84 | Page 24, line 28, leave out paragraph (c) |
|
85 | Page 24, line 33, leave out paragraph (c) |
|
86 | Page 24, line 38, leave out paragraph (c) |
|
87 | Page 25, line 6, leave out paragraph (d) |
|
88 | Page 25, line 11, leave out paragraph (c) |
|
|
|
| |
| | |
|
|
89 | Page 27, line 15, after “information)” insert “, (Information about benefits) |
|
| (information about benefits)” |
|
90 | Page 30, line 27, at end insert— |
|
| “( ) | the discharge of duties imposed under section (Information about |
|
| benefits) of that Act (information about benefits);” |
|
91 | Page 31, line 7, after “information)” insert “, (Information about benefits) (information |
|
| |
92 | Page 32, leave out lines 28 and 29 |
|
93 | Page 32, line 31, leave out from “Act)” to end of line 33 |
|
94 | Page 33, line 5, leave out from beginning to end of line 2 on page 39 |
|
|
95 | Page 39, line 8, leave out paragraph 2 |
|
96 | Page 39, line 20, at end insert— |
|
| “7A | A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977. |
|
| | Exception: injury benefits and compensation benefits” |
|
97 | Page 39, line 28, at end insert— |
|
| “Exception: benefits payable to or in respect of a holder of a devolved |
|
| |
98 | Page 40, line 7, leave out paragraph 18 |
|
99 | Page 40, line 13, leave out paragraph 20 |
|
100 | Page 40, line 19, leave out paragraph 22 |
|
101 | Page 40, line 24, leave out paragraph 24 |
|
102 | Page 40, line 33, leave out paragraph 27 |
|
103 | Page 40, line 35, at end insert— |
|
| “27A | A scheme under section 48 of the Police and Fire Reform (Scotland) Act |
|
| |
| | Exception: injury benefits and compensation benefits.” |
|
|
104 | Page 41, line 25, leave out paragraph 2 |
|
105 | Page 41, line 28, at end insert— |
|
| “2A | A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977. |
|
| | Specified benefits: injury benefits and compensation benefits” |
|
106 | Page 41, line 35, leave out paragraph 6 |
|
107 | Page 42, line 5, leave out paragraph 8 |
|
108 | Page 42, line 11, leave out paragraph 10 |
|
|
|
| |
| | |
109 | Page 42, line 15, leave out paragraph 11 |
|
110 | Page 42, line 23, leave out paragraph 14 |
|
111 | Page 42, line 25, at end insert— |
|
| “14A | A scheme under section 48 of the Police and Fire Reform (Scotland) Act |
|
| |
| | Specified benefits: injury benefits and compensation benefits.” |
|
112 | Page 43, line 11, leave out paragraph 23 |
|
|
113 | Page 43, line 17, leave out from “scheme” to “(the” in line 18 and insert “to which |
|
| section 16(1) applies or a scheme to which section 28(2) applies” |
|
114 | Page 43, leave out lines 34 and 35 and insert— |
|
| “(ii) | such earnings as scheme regulations for the new scheme may |
|
| specify, being earnings derived by the person from the new |
|
| scheme service, are to be regarded as derived from the old |
|
| scheme service (subject to sub-paragraph (3)). |
|
| (3) | The amount of the earnings that are to be regarded as derived from the |
|
| old scheme service must not be materially less than the amount of the |
|
| earnings that would have been the person’s pensionable earnings |
|
| derived from that service had the new scheme service been old scheme |
|
| |
115 | Page 43, line 38, leave out from “scheme” to “(“the” in line 39 and insert “to which |
|
| section 16(1) applies or a scheme to which section 28(2) applies” |
|
116 | Page 44, line 7, leave out from “after” to “(“the” in line 8 and insert “the date |
|
| referred to in section 16(1) or 28(2) to an existing scheme to which section 16(1) |
|
| applies or a scheme to which section 28(2) applies” |
|
117 | Page 44, leave out lines 22 to 24 and insert— |
|
| “(ii) | such earnings as scheme regulations for the new scheme may |
|
| specify, being earnings derived by the person from the new |
|
| scheme service, are to be regarded as derived from the deemed |
|
| transfer scheme service (subject to sub-paragraph (2A)). |
|
| (2A) | The amount of the earnings that are to be regarded as derived from the |
|
| deemed transfer scheme service must not be materially less than the |
|
| amount of the earnings that would have been the person’s pensionable |
|
| earnings derived from that service had the new scheme service been |
|
| deemed transfer scheme service.” |
|
118 | Page 44, line 46, at end insert— |
|
| “Final salary link not to apply again to a pension in payment |
|
| 5 (1) | Scheme regulations may provide that where a pension in payment under |
|
| a scheme to which section 16(1) or 28(2) applies has been calculated by |
|
| reference to this Schedule, the pension cannot be recalculated by |
|
| reference to this Schedule where there is a subsequent period of |
|
| pensionable public service (within the meaning of paragraph 3). |
|
|
|
| |
| | |
|
| (2) | Provision made under sub-paragraph (1) may in particular be made by |
|
| amending the scheme under which the pension is in payment.” |
|
|
119 | Page 45, line 18, at end insert— |
|
| “3A | After section 8 of the Pensions (Increase) Act 1971 there is inserted— |
|
| “8A | Section 8(2): references to “service” |
|
| |
| (a) | paragraph 1 or 2 of Schedule 7 to the 2013 Act (final salary |
|
| link for persons who remain in old scheme for past |
|
| service) applies in relation to a person, and |
|
| (b) | the person’s final salary falls to be determined by |
|
| reference to that paragraph, |
|
| | references in section 8(2) above to the service in respect of which |
|
| a pension is payable include the person’s new scheme service |
|
| (within the meaning of Schedule 7 to the 2013 Act). |
|
| |
| (a) | a person is a member of a relevant old scheme by virtue |
|
| of pensionable service for that scheme (“the relevant old |
|
| |
| (b) | the person is also a member of a scheme under section 1 |
|
| of the 2013 Act or a new public body pension scheme |
|
| (“the new scheme”) by virtue of pensionable service for |
|
| that scheme (“the new scheme service”), |
|
| (c) | the relevant old scheme service and the new scheme |
|
| service are continuous, and |
|
| (d) | the person’s employer in relation to the relevant old |
|
| scheme service is the person’s employer in relation to the |
|
| new scheme service (or any other employer in relation to |
|
| |
| | references in section 8(2) above to the service in respect of which |
|
| a pension is payable include the person’s new scheme service. |
|
| |
| (a) | “relevant old scheme” means a career average revalued |
|
| earnings scheme (within the meaning of the 2013 Act) to |
|
| which section 16(1) or 28(2) of that Act applies (restriction |
|
| of benefits under existing schemes); |
|
| (b) | “employer”, “new public body pension scheme” and |
|
| “pensionable service” have the same meanings as in that |
|
| |
| (4) | For the purposes of subsection (2)— |
|
| (a) | paragraphs 3 and 4 of Schedule 7 to the 2013 Act |
|
| (continuity of employment etc) apply as they apply for |
|
| the purposes of paragraphs 1(2) and 2(2) of that Schedule; |
|
| (b) | regulations under section 1 of the 2013 Act (in the case of |
|
| a new scheme under that section) or rules (in the case of a |
|
| new public body pension scheme) may provide that |
|
| where a pension is in payment under a relevant old |
|
| scheme, references in section 8(2) above to the service in |
|
|
|
| |
| | |
|
| respect of which a pension is payable do not include any |
|
| subsequent period of pensionable service in relation to a |
|
| scheme under section 1 of the 2013 Act or a new public |
|
| |
| (5) | Provision made under subsection (4)(b) may in particular be |
|
| made by amending the relevant old scheme. |
|
| (6) | In this section, “the 2013 Act” means the Public Service Pensions |
|
| |
120 | Page 47, leave out lines 4 to 39 |
|
121 | Page 48, line 24, leave out from beginning to end of line 8 on page 49 |
|
122 | Page 49, leave out lines 24 to 30 |
|
123 | Page 50, line 5, at end insert— |
|
| “23A | In section 11 of that Act (provision against pensions under two or more |
|
| judicial pension schemes), at the end there is inserted— |
|
| “(5) | This section does not prevent a scheme under section 1 of the |
|
| Public Service Pensions Act 2013 having effect in relation to a |
|
| |
124 | Page 50, line 27, leave out from beginning to end of line 7 on page 51 |
|
125 | Page 52, leave out lines 1 to 12 |
|
126 | Page 53, leave out line 3 and insert— |
|
| “Schedule 1, paragraph 2(1). |
|
| Schedule 2, paragraph 1A.” |
|
127 | Page 53, line 7, at end insert— |
|
| “Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) |
|
| | In Schedule 4 to the Legal Aid, Sentencing and Punishment of Offenders |
|
| Act 2012 (transfer of employees etc of Legal Services Commission), in |
|
| paragraph 4 (pension schemes), after sub-paragraph (11) there is |
|
| |
| “(11A) | Where an individual— |
|
| (a) | was a member of a relevant LSC scheme immediately |
|
| |
| (b) | had been a member of that scheme immediately before |
|
| |
| (c) | becomes, on or after the transfer day, a member of a |
|
| civil service scheme by virtue of employment in the |
|
| civil service of the State, |
|
| | the individual is to be regarded, for the purposes of section |
|
| 16(5) of the Public Service Pensions Act 2013, as having been a |
|
| member of the civil service scheme immediately before 1 April |
|
| |
| (11B) | In sub-paragraph (11A)— |
|
| (a) | “relevant LSC scheme” means a scheme made or |
|
| treated as made under paragraph 10(1) of Schedule 1 to |
|
| the Access to Justice Act 1999; |
|