House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee:
52

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(d)
a prescribed scheme or a scheme of a prescribed description.

(1B)
Where—

(a)
some of the benefits that may be provided under a scheme are

collective benefits and some are not, and

(b)
the scheme does not fall within paragraph (c) or (d) of

subsection (1A),


the scheme is to be treated for the purposes of this Part as two separate

schemes, one relating to the collective benefits and the other relating

to the other benefits.”

28A
For section 221 (application of scheme funding rules) substitute—

“221
Pension schemes to which this Part applies

(1)
The provisions of this Part apply to a pension scheme that is—

(a)
an occupational defined benefits scheme,

(b)
an occupational shared risk scheme, or

(c)
an occupational defined contributions scheme,


unless subsection (2) provides for the scheme to be exempt.

(2)
A scheme is exempt from this Part if it is—

(a)
a scheme under which all the benefits that may be provided

are money purchase benefits,

(b)
a scheme under which all the benefits that may be provided

are collective benefits,

(c)
a scheme under which all the benefits that may be provided

are money purchase benefits or collective benefits, or

(d)
a prescribed scheme or a scheme of a prescribed description.

(3)
Where—

(a)
some of the benefits that may be provided under a scheme are

collective benefits and some are not, and

(b)
the scheme does not fall within paragraph (c) or (d) of

subsection (2),


the scheme is to be treated for the purposes of this Part as two separate

schemes, one relating to the collective benefits and the other relating

to the other benefits.

(4)
Regulations under subsection (2)(d) may provide for exemptions from

all or any of the provisions of this Part, but for the purposes of

subsection (3)(b) a scheme falls within subsection (2)(d) only if it is

exempt from all of the provisions of this Part.””

Member’s explanatory statement

The text is partly taken from paragraphs 6 and 7 of Schedule 4. It also amends the Pensions Act

2004 to set out how certain powers of the Pensions Regulator apply in respect of collective benefits

and makes it clear how the new scheme categories apply in relation to scheme funding and PPF

eligibility.

Steve Webb

Schedule  1,  page  22,  line  9,  leave out “in subsection (1)” and insert “subsection (1)

is amended as follows.

      ( )
At the appropriate places insert—

““collective benefit” has the meaning given by section 19 of the Pension

Schemes Act 2014;””

Public Bill Committee:
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““defined benefits scheme” has the meaning given by section 2 of the

Pension Schemes Act 2014;”

““defined contributions scheme” has the meaning given by section 4 of

the Pension Schemes Act 2014;”

““occupational”, in relation to a defined benefits scheme, shared risk

scheme or defined contributions scheme, means an occupational

pension scheme of that description;”

““shared risk scheme” has the meaning given by section 3 of the Pension

Schemes Act 2014;”.”

Member’s explanatory statement

This amends the Pensions Act 2004 to include definitions of terms used in amendment 35.

Steve Webb


Schedule  1,  page  22,  line  10,  at end insert—

    “( )
In subsection (3)—

(a)
in paragraph (a), after sub-paragraph (vii) insert—

“(viii)
regulations made under Part 3 of the Pension

Schemes Act 2014;”;

(b)
in paragraph (b), after sub-paragraph (v) insert—

“(vi)
regulations made under section (Regulations under

Part 3: overriding requirements) of the Pension

Schemes Act 2014.””

Member’s explanatory statement

This inserts additional references into the definition of “relevant legislative provision” in section

318 of the Pensions Act 2004 and is consequential on NC11.

Steve Webb

That Schedule 1 be transferred to the end of line 29 on page 32

Member’s explanatory statement

The Bill needs restructuring in light of the proposed Government amendments. There are a number

of motions to transfer provisions around. Collectively they are designed to move Part 2 of the Bill

to after Part 3 and to move clause 8 and Schedule 1 to the end of what is currently Part 2.

Steve Webb

Clause  9,  page  4,  line  36,  leave out paragraph (b)

Member’s explanatory statement

This amendment removes the power to confer functions on a specified person in connection with

the enforcement of regulations made under clause 9. This is because there are existing powers that

are considered sufficient and appropriate to deal with enforcement in relation to any breaches of

those regulations.

Steve Webb

Clause  9,  page  4,  line  43,  at end insert—

““trustees or managers” means—

(a)
in relation to a scheme established under a trust, the trustees, and

Public Bill Committee:
54

, continued

(b)
in relation to any other scheme, the managers.”

Member’s explanatory statement

This amendment inserts a definition of “trustees or managers” to clarify that regulations made

under clause 9 may impose obligations on trustees in the context of a trust-based scheme, and on

managers in the context of a scheme not established under trust.

Steve Webb

Clause  11,  page  5,  line  42,  leave out “non-salary related benefit,”.” and insert

“benefit falling within subsection (1A),”;

(b)
after subsection (1) insert—

“(1A)
The following fall within this subsection—

(a)
collective benefits;

(b)
benefits calculated otherwise than by reference to the

member’s salary.””

Member’s explanatory statement

This amendment makes it clear that collective benefits are subject to the 30 day preservation rule

for the purposes of obtaining short service benefit.

Steve Webb

Clause  11,  page  6,  line  15,  leave out paragraph (c)

Member’s explanatory statement

This is consequential on amendment 9.

Steve Webb

Clause  11,  page  6,  line  47,  at end insert—

“( )
In section 74 (computation of short service benefit), in subsections (3) and (4),

after “so much of any benefit” insert “, other than collective benefit,”.”

Member’s explanatory statement

As a general rule schemes are required to provide for short service benefits to be computed on the

same basis as long service benefit. In cases where this doesn‘t apply benefits are subject to a

uniform accrual rule. This amendment ensures collective benefits will not be subject to the uniform

accrual requirements

Steve Webb

Schedule  2,  page  26,  line  12,  at end insert—

“( )
Where this Chapter applies in relation to a benefit payable by virtue of

a pension credit right, then—

(a)
if entitlement to the relevant pension credit arose before the

2014 Act commencement date, the benefit is to be treated for

the purposes of sections 84(1) and 84B(1) as attributable to

pensionable service before that date;

Public Bill Committee:
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(b)
if entitlement to the relevant pension credit arose on or after

the 2014 Act commencement date, the benefit is to be treated

for the purposes of sections 84(1) and 84B(1) as attributable

to pensionable service on or after that date.”

Member’s explanatory statement

For occupational schemes the new revaluation rules in Schedule 2 depend on when the member’s

pensionable service took place. For benefits derived from pension sharing on divorce, this

amendment will mean that the revaluation rules depend on when the pension was shared rather

than when the pensionable service took place.

Steve Webb

Schedule  2,  page  26,  line  40,  at end insert—

“( )
A benefit of the kind mentioned in section 83(1)(a) that is a collective benefit

must be revalued using the default method.”

Member’s explanatory statement

This amendment means that the default method is to be used when revaluing a collective benefit.

Steve Webb

Schedule  2,  page  26,  line  41,  after “section 83(1)(a)” insert “that is not a collective

benefit”

Member’s explanatory statement

This amendment means that a collective benefit can only be revalued by the default method. It is

consequential on amendment 37.

Steve Webb

Schedule  2,  page  26,  line  42,  after “with” insert “the following provisions of”

Member’s explanatory statement

This is consequential on amendment 37. It does not alter the meaning.

Steve Webb


Schedule  3,  page  31,  line  15,  at end insert—

    “( )
In subsection (2A)—

(a)
in paragraph (a), after sub-paragraph (ix) insert—

“(x)
regulations made under Part 3 of the Pension

Schemes Act 2014;”;

(b)
in paragraph (b), after sub-paragraph (vii) insert—

“(viii)
regulations made under section (Regulations under

Part 3: overriding requirements) of the Pension

Schemes Act 2014.””

Member’s explanatory statement

This inserts additional references into the definition of “relevant legislative provision” in section

94 of the Pension Schemes Act 1993 and is consequential on NC11.

Steve Webb

Schedule  3,  page  32,  line  29,  at end insert—

Public Bill Committee:
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, continued

“Pension credits: transfer values

10
Chapter 2 of Part 4A of the Pension Schemes Act 1993 (pension credit benefit:

transfer values) is amended as follows.

11
In section 101F (power to give transfer notice), in subsection (4)(a), for “salary

related occupational pension scheme” substitute “scheme to which section

101H applies”.

12
In section 101G (restrictions on power to give transfer notice), in subsection

(1), for “salary related occupational pension scheme” substitute “scheme to

which section 101H applies”.

13  (1)
Section 101H (salary related schemes: statements of entitlement) is amended

as follows.

      (2)
For subsection (1) substitute—

“(1)
This section applies to a qualifying scheme that is—

(a)
a defined benefits scheme,

(b)
a shared risk scheme, or

(c)
a defined contributions scheme that is not a scheme under

which all the benefits that may be provided are money

purchase benefits,


other than a scheme that falls within a prescribed class.

(1A)
The trustees or managers of a scheme to which this section applies

must, on the application of any eligible member, provide the member

with a written statement of the amount of the cash equivalent of the

member’s pension credit benefit under the scheme.”

      (3)
In subsections (2) and (3), for “(1)” substitute “(1A)”.

      (4)
In subsection (4)—

(a)
for “to whom subsection (1)” substitute “of a scheme to which this

section”;

(b)
for “that subsection” substitute “subsection (1A)”.

      (5)
In the heading, for “Salary related schemes” substitute “Schemes with a

promise or target”.

14  (1)
Section 101J (time for compliance with transfer notice) is amended as follows.

      (2)
In subsection (1), for paragraphs (a) and (b) substitute—

“(a)
in the case of a scheme to which section 101H applies, within

6 months of the valuation date, and

(b)
in the case of any other scheme, within 6 months of the date

on which the notice is given.”

      (3)
For subsection (7) substitute—

“(7)
In subsection (1)(a), “valuation date” means the date by reference to

which the amount shown in the relevant statement under section 101H

is determined.”

15  (1)
Section 101P (interpretation) is amended as follows.

      (2)
Omit subsection (2).

      (3)
In subsection (3), for “salary related occupational pension scheme” substitute

“scheme to which that section applies”.”

Member’s explanatory statement

Schedule 3 to the Bill makes changes to the general rules about transfers from one pension scheme

Public Bill Committee:
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to another (for reasons related to the new definitions in Part 1). This amendment makes similar

changes for cases where benefits are derived from pension sharing on divorce.

Steve Webb

Clause  18,  page  8,  line  35,  at end insert—

“( )
In section 67 (the subsisting rights provisions)—

(a)
in subsection (3), omit paragraph (b) and the “or” before it;

(b)
after subsection (3) insert—

“(3A)
Regulations may provide for cases in which the subsisting rights

provisions do not apply.””

Member’s explanatory statement

This amendment relates to the subsisting rights provisions. The amendment replaces the existing

regulation making power with a broader power to provide for cases in which the subsisting rights

provisions do not apply, so for example, in relation to collective benefits.

Steve Webb

Clause  18,  page  9,  line  3,  at end insert—

“(ab)
on taking effect would or might result in any subsisting right of

a member of the scheme which is a right to retirement income in

respect of which there is a pensions promise becoming, or being

replaced with, a right to benefits other than retirement income,

(ac)
on taking effect would or might result in any subsisting right

of—

(i)
a member of the scheme, or

(ii)
a survivor of a member of the scheme,


being replaced with a right or entitlement to collective benefits

under the scheme rules,”.”

Member’s explanatory statement

The amendment relates to the subsisting rights provisions so that any proposal to modify a scheme

which would or might replace a right to income with a right to a non-income benefit would be a

protected modification. The text in (ab) is taken from paragraph 3(2) of Schedule 4 to the Bill,

which is left out by amendment 40.

Steve Webb

Clause  18,  page  9,  line  3,  at end insert—

“( )
In subsection (3)(b) of that section, after “rules” insert “, other than a pension that

is a collective benefit”.”

Member’s explanatory statement

This text is taken from paragraph 3(3) of Schedule 4 to the Bill, which is left out by amendment 40.

The effect is unchanged.

Steve Webb

Clause  18,  page  9,  line  4,  after “(aa)” insert “, (ab), (ac)”

Member’s explanatory statement

This is consequential on amendment 13.

Public Bill Committee:
58

, continued

Steve Webb


Clause  18,  page  9,  line  4,  at end insert—

“( )
In subsection (9)—

(a)
in paragraph (a), after sub-paragraph (vii) insert—

“(viii)
regulations made under Part 3 of the Pension Schemes

Act 2014;”;

(b)
in paragraph (b), after sub-paragraph (v) insert—

“(vi)
regulations made under section (Regulations under Part

3: overriding requirements) of the Pension Schemes Act

2014.””

Member’s explanatory statement

This inserts additional references into the definition of “relevant legislative provision” in section

67A of the Pensions Act 1995 and is consequential on NC11.

Steve Webb

Clause  18,  page  9,  line  5,  leave out “place” and insert “places”

Member’s explanatory statement

This paves the way for amendment 17.

Steve Webb

Clause  18,  page  9,  line  8,  at end insert—

“““retirement income” has the meaning given by section 7 of the Pension

Schemes Act 2014;”.”

Member’s explanatory statement

This defines “retirement income”, which is used in amendment 13.

Steve Webb

That clauses 9 to 18 be transferred to the end of line 6 on page 15

Member’s explanatory statement

The Bill needs restructuring in light of the proposed Government amendments. There are a number

of motions to transfer provisions around. Collectively they are designed to move Part 2 of the Bill

to after Part 3 and to move clause 8 and Schedule 1 to the end of what is currently Part 2.

Steve Webb


Clause  20,  page  9,  line  32,  leave out “is equal to or higher than a level of

probability” and insert “falls within a range”

Member’s explanatory statement

This amendment and amendments 46, 51, 52 and 53 replace references to a required probability

level with references to a specified range. Here, clause 20(2)(c) is amended so that regulations

may require initial targets in relation to collective benefits to be set at a level which ensures that

the probability of meeting the targets falls within a specified range.



© Parliamentary copyright	Revised 21 October 2014