House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 25 October 2013
1150

Pensions Bill, continued

(b)
in paragraph (b), after sub-paragraph (vi) (inserted by Schedule 16 to

this Act) insert—

“(vii)
regulations made under paragraph 6 of

Schedule [Work-based schemes: power to

restrict charges or impose requirements] to

the Pensions Act 2013.”

10
In section 256 of the Pensions Act 2004 (no indemnification for fines or civil

penalties), in subsection (1)(b), after “or paragraph 10 of Schedule 16 to the

Pensions Act 2013” (inserted by Schedule 16 to this Act) insert “or paragraph

3 of Schedule [Work-based schemes: power to restrict charges or impose

requirements] to that Act”.

11  (1)
Section 16 of the Pensions Act 2008 (automatic enrolment: qualifying

schemes) is amended as follows.

      (2)
In subsection (3), omit paragraphs (a), (aa) and (ab).

      (3)
After subsection (3) insert—

“(3A)
See also paragraphs 1(4) and 2(4) of Schedule [Work-based schemes:

power to restrict charges or impose requirements] to the Pensions Act

2013, which confer power to make regulations providing for a scheme

not to be a qualifying scheme in relation to a jobholder in certain

circumstances.”

      (4)
Omit subsections (4) and (5).

12
In consequence of the amendments made by paragraph 11, section 10 of the

Pensions Act 2011 (qualifying schemes: administration charges) is repealed.’.

Gregg McClymont

38

Clause  29,  page  15,  line  24,  leave out from ‘scheme’ to end of line.

Secretary Iain Duncan Smith

5

Clause  32,  page  16,  line  39,  leave out from beginning to ‘were’ in line 42 and insert

‘In subsection (1)(a), after “service,” insert—

“(aa)
he has at least 30 days’ qualifying service and, if he’.

Secretary Iain Duncan Smith

6

Clause  32,  page  17,  line  1,  leave out subsection (3).

Secretary Iain Duncan Smith

7

Clause  32,  page  17,  leave out lines 6 and 7 and insert—

‘“(10)
Subsections (7) to (9) apply, with the substitution for references to

2 years of references to 30 days, for determining whether a person has at

least 30 days’ qualifying service for the purposes of subsection (1).’.

Notices of Amendments: 25 October 2013
1151

Pensions Bill, continued

Secretary Iain Duncan Smith

8

Clause  32,  page  17,  line  8,  leave out ‘(1)(c)’ and insert ‘(1)(aa)’.

Secretary Iain Duncan Smith

9

Clause  32,  page  17,  line  12,  leave out ‘2 years’’ and insert ‘30 days’’.

Secretary Iain Duncan Smith

10

Clause  32,  page  17,  line  15,  leave out from ‘(4)(b),’ to end of line 16 and insert

‘after “(a)” insert “, (aa)”.’.

Gregg McClymont

53

Clause  34,  page  18,  line  22,  at end insert—

‘(5)
Regulations under this section shall not exempt entire classes of business or

businesses, such as small and medium-sized businesses, from automatic

enrolment.’.

Secretary Iain Duncan Smith

11

Page  18,  line  27,  leave out Clause 35.

Caroline Lucas

54

Clause  42,  page  23,  line  7,  at end add—

‘“(czb)
to promote, and to improve understanding of long-term and sustainable

investment amongst work-based pension schemes,”.’.

Notices of Amendments: 25 October 2013
1152

Pensions Bill, continued

new clauses and new schedules relating to state pension credit; new

clauses and new schedules relating to, and amendments to, parts 1, 2 and 3

State pension credit: phasing out assessed income periods

Secretary Iain Duncan Smith

NC3

To move the following Clause:—

‘(1)
In section 6 of the State Pension Credit Act 2002 (duty to specify assessed income

period), in subsection (1), after “subsection (3) or (4)” insert “where the relevant

decision takes effect before 6 April 2016”.

(2)
At the end of the heading to that section insert “for pre-6 April 2016 awards”.

(3)
Regulations under section 9(5) of the State Pension Credit Act 2002 may in

particular be made for the purpose of phasing out, on or after 6 April 2016, any

remaining assessed income period that is 5 years or shorter than 5 years.’.

Preserving indefinite status of certain existing assessed income periods

Secretary Iain Duncan Smith

NC4

To move the following Clause:—

‘(1)
If this section comes into force before 6 April 2014—

(a)
section 105(6) of the Pensions Act 2008 (which provides that section 9(6)

of the State Pension Credit Act 2002 ceases to have effect on 6 April

2014) is repealed, and

(b)
in section 9(6)(a) of the State Pension Credit Act 2002 (duration of

assessed income period for certain transitional cases to be treated as

indefinite), after “brought to an end” insert “, on or after 6 April 2009 but

before 6 April 2014,”.

(2)
If this section comes into force on or after 6 April 2014—

(a)
section 105(6) of the Pensions Act 2008 (which provides that section 9(6)

of the State Pension Credit Act 2002 ceases to have effect on 6 April

2014) is repealed and is to be treated as never having had effect, and

(b)
in section 9(6)(a) of the State Pension Credit Act 2002 (duration of

assessed income period for certain transitional cases to be treated as

indefinite) as restored by this section, after “brought to an end” insert “,

on or after 6 April 2009 but before 6 April 2014,”.’.

Notices of Amendments: 25 October 2013
1153

Pensions Bill, continued

Review into state pension in relation to women within 15 years of state pension age

Sheila Gilmore

NC5

To move the following Clause:—

‘(1)
The Government shall conduct a review in relation to women with a limited

national insurance contribution record, who relied on a husband’s national

insurance contributions, and would under previous arrangements have accrued a

benefit based on such spousal contributions.

(2)
The review shall determine the costs and benefits of permitting women within 15

years of state pension age as at 6 April 2016 to retain their accrued rights if this

would provide a better outcome than under the state pension provided for by this

Act.

(3)
Such a review shall be conducted within six months of Royal Assent of this Act

and a copy of the report must be laid before Parliament.

(4)
The review shall consider whether similar provision should be made in relation

to sections 9 and 10 of this Act.’.

State pension entitlement for women born between 6 April 1951 and 5 April 1953

Caroline Lucas

NC6

To move the following Clause:—

‘(1)
Women born between 6 April 1951 and 5 April 1953 have the right to choose to

receive their state pension and associated benefits under the new state pension

system, set out in Part 1, from its introduction.

(2)
The Government must ensure information about the full range of entitlements

under the old state pension rules and the new state pension is available to allow

women in subsection (1) to make a comparison of total weekly income.

(3)
The responsibility for making a choice under subsection (1) lies fully with the

individual.’.

Review in relation to women born on or after 6 April 1951

Gregg McClymont

NC8

To move the following Clause:—

‘(1)
The Secretary of State shall conduct a review to determine whether all women

born on or after 6 April 1951 should be included within the scope of the new state

pension arrangements established by this Act.

Notices of Amendments: 25 October 2013
1154

Pensions Bill, continued

(2)
The Secretary of State must prepare and publish a report on the review within six

months of Royal Assent of this Act and must lay a copy of the report before

Parliament.’.

Bereavement support payment: prisoners

Secretary Iain Duncan Smith

NC2

To move the following Clause:—

‘(1)
The Secretary of State may by regulations provide that a person is not to be paid

bereavement support payment for any period during which the person is a

prisoner.

(2)
“Prisoner” means a person (in Great Britain or elsewhere) who is—

(a)
imprisoned or detained in legal custody, or

(b)
unlawfully at large.

(3)
In the case of a person remanded in custody for an offence, regulations under

subsection (1) may be made so as to apply only if a sentence of a specified

description is later imposed on the person for the offence.’.

Pensionable age: differential effect in England, Wales and Scotland

Hywel Williams

NC13


To move the following Clause:—

‘Part 2 of this Act shall not come into force until the Secretary of State has laid a

report before both Houses of Parliament containing an assessment of the

differential effect and impact of the pensionable age in England, Wales and

Scotland due to varying levels of life expectancy and gross value added.’.

Sir Peter Bottomley

Sir Roger Gale

Hywel Williams

Kate Hoey

1

Page  10,  line  1,  leave out Clause 20.

Notices of Amendments: 25 October 2013
1155

Pensions Bill, continued

Grahame M. Morris

John McDonnell

35

Clause  24,  page  11,  line  34,  leave out ‘An’ and insert ‘With the consent of the

trustees, an’.

Secretary Iain Duncan Smith

2

Clause  24,  page  11,  line  36,  leave out ‘those members’ and insert ‘some or all of

the members to whom the amendments apply’.

Secretary Iain Duncan Smith

3

Clause  24,  page  11,  line  37,  at end insert—

‘( )
The power may be used to make amendments that will apply in relation to future

members and correspond to the amendments being made in relation to current

members.’.

Gregg McClymont

37

Clause  24,  page  11,  line  40,  at end insert—

‘(c)
a scheme in respect of any of its terms which relate to persons protected

under the terms of—

(i)
the Electricity (Protected Persons) (England and Wales) Pension

Regulations 1990;

(ii)
the Electricity (Protected Persons) (Scotland) Pension

Regulations 1990;

(iii)
the Electricity (Protected Persons) (Northern Ireland) Pension

Regulations 1992;

(iv)
the Railway Pensions (Protection and Designation of Schemes)

Order 1984;

(v)
the London Transport Pensions Arrangements Order 2000;

(vi)
the Coal Industry (Protected Persons) Pensions Regulations

1994; or

(vii)
the nuclear industry employees protected by Schedule 8 of the

Energy Act 2004.’.

Secretary Iain Duncan Smith

4

Clause  24,  page  11,  line  42,  at end insert—

‘“current member”, in relation to a scheme, means a person who is a

member of the scheme at the time that the power is used (and “future

member” is to be read accordingly);’.

Notices of Amendments: 25 October 2013
1156

Pensions Bill, continued

John McDonnell

Grahame M. Morris

36

Clause  24,  page  12,  line  10,  at end insert—

‘“trustees or managers” has the meaning given in section 178 of the Pension

Schemes Act 1993 and regulations made thereunder.’.

Sheila Gilmore

33

Clause  27,  page  14,  line  20,  at end insert—

‘(2A)
In the case of a person who is pregnant or entitled to child benefit the regulations

must provide for the allowance to be payable—

(a)
for a period of at least three years; and

(b)
until the youngest child of that person at the time of the death has reached

the age of seven years, whichever is the longer period.’.

Secretary Iain Duncan Smith

14

Schedule  1,  page  28,  line  17,  leave out from ‘if’ to end of line 21 and insert—

‘(i)
sections 46 and 48A of the Pension Schemes Act 1993 were

ignored, and

(ii)
for the purposes of calculating the amounts referred to in

section 45(2)(c) and (d) of the Contributions and Benefits Act

any earnings paid to or for the benefit of the person in respect

of contracted-out employment were treated as if they were not

in respect of contracted-out employment.

      (2)
“Contracted-out employment” means employment qualifying a person for a

pension provided by a salary related contracted-out scheme, a money purchase

contracted-out scheme or an appropriate personal pension scheme (and

expressions used in this definition have the same meaning as in the Pension

Schemes Act 1993).’.

Secretary Iain Duncan Smith

15

Schedule  12,  page  48,  line  27,  at end insert—


‘In section 71 (overpayments - general), in subsection (11), before paragraph

(a) insert—

“(za)
state pension or a lump sum under Part 1 of the Pensions Act

2013;”.’.



© Parliamentary copyright	Revised 28 October 2013