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House of Commons

Session 2014 - 15 Internet Publications Other Bills before Parliament

Lords Amendments to the Pension Schemes Bill

	8
	(b)     Northern Ireland legislation;
	“subordinate legislation” means—
	(a)     subordinate legislation as defined by section 21(1) of the
	Interpretation Act 1978;
	(b)     an instrument made under Northern Ireland legislation.”
Clause 81
Page 45, line 15, leave out subsection (2)
Page 45, line 19, after “containing” insert “—
( )     the first regulations under section 8(3)(b), 9, 10, 11 or 21,”
Page 45, line 19, after “containing” insert “—
( )     regulations under section 48(3)(b), or
( )     ”
Page 45, line 20, leave out “an Act” and insert “primary legislation”
Page 45, line 27, leave out subsections (6) to (8)
After Clause 81
Insert the following new Clause—
“Regulations: Northern Ireland
(1)     A power of the Department for Social Development in Northern Ireland to
make regulations under this Act is exercisable by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/
1573 (N.I. 12)).
(2)     Subsection (3) applies where regulations made by the Department for
Social Development in Northern Ireland contain—
(a)     provision made under section 51(3)(b), or
(b)     provision made under section 80 that amends, repeals, revokes or
otherwise modifies a provision of primary legislation,
(whether alone or with other provision).”
(3)     Where this subsection applies, the regulations—
(a)     must be laid before the Northern Ireland Assembly after being
made;
(b)     take effect on such date as may be specified in the regulations but
(without prejudice to the validity of anything done under them or
to the making of new regulations) cease to have effect on the expiry
of a period of 6 months from that date unless at some time before
the expiry of that period the regulations are approved by a
resolution of the Northern Ireland Assembly.
(4)     Any other regulations made by the Department for Social Development in
Northern Ireland under this Act are subject to negative resolution within
the meaning of section 41(6) of the Interpretation Act (Northern Ireland)
1954 (c. 33 (N.I.)).
(5)     Subsection (4) does not apply to regulations containing provision under
section 84(6) only.”
	9
	Insert the following new Clause—
	“Regulations: supplementary
	(1)     A power to make regulations under this Act may be used—
	(a)     to make different provision for different purposes;
	(b)     in relation to all or only some of the purposes for which it may be
	used.
	(2)     Regulations under this Act may include incidental, supplementary,
	consequential, transitional, transitory or saving provision.”
Clause 84
Page 46, line 29, leave out paragraphs (b) to (e) and insert—
“( )     any other provision of Part 4 so far as is necessary for enabling the
exercise on or after the day on which this Act is passed of any power
to make provision by regulations;”
Page 46, line 34, at end insert—
“( )     section (Public service pension schemes);”
Page 46, line 38, leave out paragraphs (a) to (c) and insert—
“( )     paragraphs 24, 30, 33 and 36 of Schedule 2 (and section 46 so far as
relating to those provisions);
( )     Part 4, so far as not already in force.”
Page 47, line 3, at end insert “other than paragraphs 24, 30, 33 and 36 of Schedule
2 (and section 46 so far as relating to those provisions)”
Schedule 2
Page 61, line 21, at end insert—
““( )     regulations made under Schedule 17 to the Pensions Act
2014;
( )     regulations made under Schedule 18 to the Pensions Act
2014;”
Page 61, line 24, at end insert—
““( )     regulations made under paragraph 17 of Schedule 17 to
the Pensions Act 2014;
( )     regulations made under paragraph 6 of Schedule 18 to the
Pensions Act 2014;”
Page 63, line 19, at end insert—
“( )     in the substituted subsection (2)(a), for “hybrid scheme”
substitute “shared risk scheme”;”
Page 64, line 8, at end insert—
“( )   For the definition of “defined benefits scheme” substitute—
““defined benefits scheme” has the meaning given by
section 2 of the Pension Schemes Act 2015;”.”
Page 64, line 9, at end insert—
“““collective benefit” has the meaning given by section 8 of
the Pension Schemes Act 2015;””
	10
	Page 64, leave out lines 10 and 11
	Page 64, leave out line 21
Schedule 3
Page 65, line 2, after “scheme” insert “, or a survivor of a member of a pension
scheme,”
Page 65, line 3, at end insert “or survivor”
Page 65, line 9, at end insert—
““survivor” has the meaning given by section 74 of the
Pension Schemes Act 2015.”
Page 74, leave out line 35 and insert “, and survivors of members of the scheme,
with subsisting rights in respect of any flexible benefits.”
Page 74, line 44, leave out “with a right or entitlement to flexible benefits” and
insert “, and survivors of members of pension schemes, with subsisting rights in
respect of any flexible benefits.”
Page 75, line 10, at end insert—
““subsisting rights” has the meaning given by section 74 of
the Pension Schemes Act 2015;
“survivor” has the meaning given by section 74 of the
Pension Schemes Act 2015.”
Page 78, line 1, leave out “with a right or entitlement to flexible benefits” and insert
“, and survivors of members of the scheme, with subsisting rights in respect of any
flexible benefits”
Schedule 4
Page 78, line 17, at end insert—
“Judicial Pensions Act 1981 (c. 20)
A1          In Schedule 1A to the Judicial Pensions Act 1981 (transfer of accrued
benefits), in paragraph 3, for “Chapter IV of Part IV of the Pension
Schemes Act 1993” substitute “Chapter 1 of Part 4ZA of the Pension
Schemes Act 1993”.
Judicial Pensions and Retirement Act 1993 (c. 8)
B1          In Schedule 2 to the Judicial Pensions and Retirement Act 1993 (transfer
of accrued benefits), in paragraph 3, for “Chapter IV of Part IV of the
Pension Schemes Act 1993” substitute “Chapter 1 of Part 4ZA of the
Pension Schemes Act 1993”.”
Page 78, line 31, at end insert—
“2A       In section 24F (transfers out of GMP-converted schemes), in subsection
(3), omit “guaranteed”.”
Page 80, line 5, at end insert—
“( )     provide for this Chapter not to apply in prescribed
circumstances in relation to a member of a prescribed
scheme or schemes of a prescribed description;”
	11
	Page 81, line 19, at end insert—
	“( )   After subsection (6) insert—
	“(6A)     Regulations may extend the period specified in subsection
	(1A)(a) in prescribed circumstances.””
	Page 81, line 30, at end insert—
	“( )   In subsection (2), in paragraphs (a) and (b), for each “accrued rights”
	substitute “transferrable rights”.”
	Page 82, line 19, at end insert—
	“(3B)     Where regulations under subsection (2)(b) provide for the cash
	equivalent shown in a statement of entitlement to be increased or
	reduced after the member has made an application under
	section 95, the regulations may provide for the application under
	section 95 to lapse (but this does not prevent the member making
	a fresh application in respect of the increased or reduced cash
	equivalent).””
	Page 82, line 24, leave out from “period” to end of line 27 and insert “required by
	section 95(1A) or (6A).
	(1A)     A member of a pension scheme loses the right to take a cash
	equivalent in accordance with this Chapter if, after the member
	makes an application under section 95, the duty of the trustees or
	managers to do what is needed to carry out what the member
	requires is extinguished by section 99(1A).
	(1B)     Nothing in subsection (1) or (1A) prevents the member from later
	acquiring a new right to take a cash equivalent in relation to the
	same benefits.”
	Page 82, line 45, at end insert—
	“( )   After subsection (4A) insert—
	“(4B)     Regulations may extend the period for compliance under
	subsection (2) or (3) in prescribed circumstances.””
	Page 83, line 14, leave out “an occupational” and insert “a”
	Page 83, line 45, at end insert—
	“(xi)     section 55 of the Pension Schemes Act 2015;
	(xii)     regulations made under section 56 or 57 of the
	Pension Schemes Act 2015;”
	Page 84, line 13, at end insert—
	“(ix)     section 55(3) of the Pension Schemes Act 2015;
	(x)     regulations made under section 56(4) or 57(4) of
	the Pension Schemes Act 2015.”
	Page 84, line 23, leave out “a case” and insert “any other case”
	Page 84, line 29, leave out “any other case” and insert “a case not falling within
	paragraph (a) or (b)”
	Page 85, line 10, leave out “an occupational” and insert “a”
	Page 85, line 34, at end insert—
	12
	“( )     provide for this Chapter not to apply in relation to a
	person of a prescribed description;”
	Page 86, line 30, at end insert—
	“( )     Regulations may extend the period specified in subsection (2)(b)
	in prescribed circumstances.”
	Page 87, line 21, at end insert—
	“( )   After subsection (2) insert—
	“(2A)     Regulations may extend the period for complying with the notice
	in prescribed circumstances.””
	Page 87, line 25, at end insert—
	“15A       In section 101M (effect of transfer on trustees’ duties), for the words from
	“pension credit benefit” to the end of the section substitute “benefits to
	which the transfer notice relates”.”
	Page 87, line 43, at end insert—
	“( )   In that subsection, omit the definition of “pension credit benefit”.”
	Page 88, line 35, at end insert—
	“27A       In section 124 (interpretation of Part 1), in subsection (1), in paragraph
	(b) of the definition of “transfer credits”, for “Chapter 5 of Part 4 of the
	Pension Schemes Act 1993 (early leavers)” substitute “Chapter 2 of Part
	4ZA of the Pension Schemes Act 1993 (transfers and contribution
	refunds)”.”
	Page 89, line 30, leave out “In section 318 (interpretation),” and insert—
	“(1)   Section 318 (interpretation) is amended as follows.
	(2)   In subsection (2), for “an occupational pension scheme” substitute “a
	pension scheme”.
	(3)   ”
	Page 89, line 42, at end insert—
	“Scottish Parliamentary Pensions Act 2009 (asp 1)
	37A(1)   Schedule 1 to the Scottish Parliamentary Pensions Act 2009 (Scottish
	Parliamentary Pension Scheme) is amended as follows.
	(2)   In paragraph 75, in Condition 6, for “section 93A(2)” substitute “section
	93A(4)”.
	(3)   In paragraph 91(2)(g), for “Chapter 4 of Part 4” substitute “Chapter 1 of
	Part 4ZA”.”
	Page 90, line 11, leave out “, in relation to an occupational pension scheme,”
	Page 90, line 21, at end insert—
	“Judicial Pensions Act 1981 (c. 20)
	40A       In Schedule 1A to the Judicial Pensions Act 1981 (transfer of accrued
	benefits), in paragraph 3, for “Chapter IV of Part IV of the Pension
	13
	Schemes (Northern Ireland) Act 1993” substitute “Chapter 1 of Part 4ZA
	of the Pension Schemes (Northern Ireland) Act 1993”.
	Judicial Pensions and Retirement Act 1993 (c. 8)
	40B       In Schedule 2 to the Judicial Pensions and Retirement Act 1993 (transfer
	of accrued benefits), in paragraph 3, for “Chapter IV of Part IV of the
	Pension Schemes (Northern Ireland) Act 1993” substitute “Chapter 1 of
	Part 4ZA of the Pension Schemes (Northern Ireland) Act 1993”.”
	Page 90, line 35, at end insert—
	“42A       In section 20F (transfers out of GMP-converted schemes), in subsection
	(3), omit “guaranteed”.”
	Page 92, line 5, at end insert—
	“( )     provide for this Chapter not to apply in prescribed
	circumstances in relation to a member of a prescribed
	scheme or schemes of a prescribed description;”
	Page 93, line 19, at end insert—
	“( )   After subsection (6) insert—
	“(6A)     Regulations may extend the period specified in subsection
	(1A)(a) in prescribed circumstances.””
	Page 93, line 30, at end insert—
	“( )   In subsection (2), in paragraphs (a) and (b), for each “accrued rights”
	substitute “transferrable rights”.”
	Page 94, line 20, at end insert—
	“(3B)     Where regulations under subsection (2)(b) provide for the cash
	equivalent shown in a statement of entitlement to be increased or
	reduced after the member has made an application under
	section 91, the regulations may provide for the application under
	section 91 to lapse (but this does not prevent the member making
	a fresh application in respect of the increased or reduced cash
	equivalent).””
	Page 94, line 25, leave out from “period” to end of line 28 and insert “required by
	section 91(1A) or (6A).
	(1A)     A member of a pension scheme loses the right to take a cash
	equivalent in accordance with this Chapter if, after the member
	makes an application under section 91, the duty of the trustees or
	managers to do what is needed to carry out what the member
	requires is extinguished by section 95(1A).
	(1B)     Nothing in subsection (1) or (1A) prevents the member from later
	acquiring a new right to take a cash equivalent in relation to the
	same benefits.”
	Page 95, line 1, at end insert—
	“( )   After subsection (4A) insert—
	“(4B)     Regulations may extend the period for compliance under
	subsection (2) or (3) in prescribed circumstances.””
	14
	Page 95, line 15, leave out “an occupational” and insert “a”
	Page 95, line 40, at end insert—
	“(viii)     section 60 of the Pension Schemes Act 2015;
	(ix)     regulations made under section 61 or 62 of the
	Pension Schemes Act 2015;”
	Page 96, line 4, at end insert—
	“(vi)     section 60(3) of the Pension Schemes Act 2015;
	(vii)     regulations made under section 61(4) or 62(4) of
	the Pension Schemes Act 2015.”
	Page 96, line 14, leave out “a case” and insert “any other case”
	Page 96, line 20, leave out “any other case” and insert “a case not falling within
	paragraph (a) or (b)”
	Page 96, line 48, leave out “an occupational” and insert “a”
	Page 97, line 23, at end insert—
	“( )     provide for this Chapter not to apply in relation to a
	person of a prescribed description;”
	Page 98, line 20, at end insert—
	“( )     Regulations may extend the period specified in subsection (2)(b)
	in prescribed circumstances.”
	Page 99, line 8, at end insert—
	“( )   After subsection (2) insert—
	“(2A)     Regulations may extend the period for complying with the notice
	in prescribed circumstances.””
	Page 99, line 12, at end insert—
	“55A       In section 97M (effect of transfer on trustees’ duties), for the words from
	“pension credit benefit” to the end of the section substitute “benefits to
	which the transfer notice relates”.”
	Page 99, line 30, at end insert—
	“( )   In that subsection, omit the definition of “pension credit benefit”.”
	Page 100, line 22, at end insert—
	“67A       In Article 121 (interpretation of Part 2), in paragraph (1), in paragraph (b)
	of the definition of “transfer credits”, for “Chapter 5 of Part IV of the
	Pension Schemes Act (early leavers)” substitute “Chapter 2 of Part 4ZA
	of the Pension Schemes Act (transfers and contribution refunds)”.”
	Page 100, line 25, leave out “In Article 2 (interpretation),” and insert—
	“(1)   Article 2 (interpretation) is amended as follows.
	(2)   In paragraph (3), for “an occupational pension scheme” substitute “a
	pension scheme”.
	(3)   ”