Session 2012 - 13
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Other Bills before Parliament

Public Service Pensions Bill


 
 

8

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.”

Schedule 1

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

 

made by—

 

(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

 

office.”

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)

Schedule 2

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

 

Chancellor.

 

      (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)


 
 

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Schedule 4

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

 

about benefits)”

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

Schedule 5

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

 

office.”

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

 

2012.

 

            

Exception: injury benefits and compensation benefits.”

Schedule 6

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


 
 

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

 

2012.

 

            

Specified benefits: injury benefits and compensation benefits.”

112

Page 43, line 11, leave out paragraph 23

Schedule 7

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

 

service.”

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).


 
 

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      (2)  

Provision made under sub-paragraph (1) may in particular be made by

 

amending the scheme under which the pension is in payment.”

Schedule 8

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”

 

(1)    

In a case where—

 

(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).

 

(2)    

In a case where—

 

(a)    

a person is a member of a relevant old scheme by virtue

 

of pensionable service for that scheme (“the relevant old

 

scheme service”),

 

(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

 

the new scheme),

 

    

references in section 8(2) above to the service in respect of which

 

a pension is payable include the person’s new scheme service.

 

(3)    

In this section—

 

(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

 

Act.

 

(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


 
 

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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

 

body pension scheme.

 

(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

 

Act 2013.”

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

 

person”.”

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

 

inserted—

 

 “(11A)  

Where an individual—

 

(a)    

was a member of a relevant LSC scheme immediately

 

before the transfer day,

 

(b)    

had been a member of that scheme immediately before

 

1 April 2012, and

 

(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

 

2012.

 

  (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;


 
 

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(b)    

“civil service scheme” means a scheme under section 1

 

of the Superannuation Act 1972.””

Schedule 9

128

Page 54, line 15, leave out from beginning to end of line 12 on page 55


 
 

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Revised 28 February 2013