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| |
| | |
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| (b) | Northern Ireland legislation; |
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| “subordinate legislation” means— |
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| (a) | subordinate legislation as defined by section 21(1) of the |
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| |
| (b) | an instrument made under Northern Ireland legislation.” |
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Page 45, line 15, leave out subsection (2) |
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Page 45, line 19, after “containing” insert “— |
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( ) | the first regulations under section 8(3)(b), 9, 10, 11 or 21,” |
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Page 45, line 19, after “containing” insert “— |
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( ) | regulations under section 48(3)(b), or |
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Page 45, line 20, leave out “an Act” and insert “primary legislation” |
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Page 45, line 27, leave out subsections (6) to (8) |
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Insert the following new Clause— |
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| “Regulations: Northern Ireland |
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(1) | A power of the Department for Social Development in Northern Ireland to |
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make regulations under this Act is exercisable by statutory rule for the |
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purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ |
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(2) | Subsection (3) applies where regulations made by the Department for |
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Social Development in Northern Ireland contain— |
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(a) | provision made under section 51(3)(b), or |
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(b) | provision made under section 80 that amends, repeals, revokes or |
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otherwise modifies a provision of primary legislation, |
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| (whether alone or with other provision).” |
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(3) | Where this subsection applies, the regulations— |
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(a) | must be laid before the Northern Ireland Assembly after being |
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|
(b) | take effect on such date as may be specified in the regulations but |
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(without prejudice to the validity of anything done under them or |
|
to the making of new regulations) cease to have effect on the expiry |
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of a period of 6 months from that date unless at some time before |
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the expiry of that period the regulations are approved by a |
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resolution of the Northern Ireland Assembly. |
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(4) | Any other regulations made by the Department for Social Development in |
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Northern Ireland under this Act are subject to negative resolution within |
|
the meaning of section 41(6) of the Interpretation Act (Northern Ireland) |
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(5) | Subsection (4) does not apply to regulations containing provision under |
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|
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| |
| | |
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| Insert the following new Clause— |
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| | “Regulations: supplementary |
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| (1) | A power to make regulations under this Act may be used— |
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| (a) | to make different provision for different purposes; |
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| (b) | in relation to all or only some of the purposes for which it may be |
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| |
| (2) | Regulations under this Act may include incidental, supplementary, |
|
| consequential, transitional, transitory or saving provision.” |
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|
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 |
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to make provision by regulations;” |
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Page 46, line 34, at end insert— |
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“( ) | 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); |
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( ) | Part 4, so far as not already in force.” |
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Page 47, line 3, at end insert “other than paragraphs 24, 30, 33 and 36 of Schedule |
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2 (and section 46 so far as relating to those provisions)” |
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|
Page 61, line 21, at end insert— |
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““( ) | regulations made under Schedule 17 to the Pensions Act |
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( ) | regulations made under Schedule 18 to the Pensions Act |
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|
Page 61, line 24, at end insert— |
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““( ) | regulations made under paragraph 17 of Schedule 17 to |
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( ) | regulations made under paragraph 6 of Schedule 18 to the |
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|
Page 63, line 19, at end insert— |
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“( ) | in the substituted subsection (2)(a), for “hybrid scheme” |
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substitute “shared risk scheme”;” |
|
Page 64, line 8, at end insert— |
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“( ) | 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— |
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“““collective benefit” has the meaning given by section 8 of |
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the Pension Schemes Act 2015;”” |
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| |
| | |
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| Page 64, leave out lines 10 and 11 |
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| Page 64, leave out line 21 |
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Page 65, line 2, after “scheme” insert “, or a survivor of a member of a pension |
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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 |
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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 |
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|
|
Page 78, line 17, at end insert— |
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“Judicial Pensions Act 1981 (c. 20) |
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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 |
|
|
Judicial Pensions and Retirement Act 1993 (c. 8) |
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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 |
|
|
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;” |
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|
|
| |
| | |
|
| 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 |
|
| |
| Page 82, line 24, leave out from “period” to end of line 27 and insert “required by |
|
| |
| (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 |
|
| |
| 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 |
|
| |
| Page 85, line 10, leave out “an occupational” and insert “a” |
|
| Page 85, line 34, at end insert— |
|
|
|
| |
| | |
|
| “( ) | 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 |
|
| |
| 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 |
|
| |
| |
| 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 |
|
| |
| (3) | In paragraph 91(2)(g), for “Chapter 4 of Part 4” substitute “Chapter 1 of |
|
| |
| 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 |
|
|
|
| |
| | |
|
| 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 |
|
| |
| 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 |
|
| |
| Page 94, line 25, leave out from “period” to end of line 28 and insert “required by |
|
| |
| (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 |
|
| |
| 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.”” |
|
|
|
| |
| | |
|
| 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 |
|
| |
| 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 |
|
| |
| |
|