Session 2010-11
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Pensions Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 21st March 2011, as follows—

Clause 1
Schedule 1
Clause 2
Schedule 2
Clause 3
Schedule 3
Clauses 4 to 18
Schedule 4
Clauses 19 to 25
Schedule 5
Clauses 26 to 30

[Amendments marked * are new or have been altered]

Clause 1

LORD MCKENZIE OF LUTON

BARONESS HOWE OF IDLICOTE

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS DRAKE

1*

Page 1, line 6, leave out “December 1953”” and insert “April 1955””

2*

Page 1, line 8, leave out subsection (4)

BARONESS GREENGROSS

3*

Page 2, leave out lines 3 to 6 and insert—

“6th October 1953 to 5th November 1953 6th May 2018
6th November 1953 to 5th December 1953 6th August 2018
6th December 1953 to 5th January 1954 6th October 2018
6th January 1954 to 5th February 1954 6th November 2018
6th February 1954 to 5th March 1954 6th January 2019
6th March 1954 to 5th April 1954 6th March 2019
6th April 1954 to 5th May 1954 6th May 2019
6th May 1954 to 5th June 1954 6th July 2019
6th June 1954 to 5th July 1954 6th September 2019
6th July 1954 to 5th August 1954 6th November 2019
6th August 1954 to 5th September 1954 6th January 2020
6th September 1954 to 5th October 1954 6th March 2020
6th October 1954 to 5th November 1954 6th May 2020
6th November 1954 to 5th December 1954 6th July 2020
6th December 1954 to 5th January 1955 6th September 2020
6th January 1955 to 5th February 1955 6th November 2020
6th February 1955 to 5th March 1955 6th January 2021
6th March 1955 to 5th April 1955 6th March 2021”
4*

Page 2, line 6, at end insert—

“( ) In sub-paragraph (5) for “person” substitute “man”.”

5*

Page 2, line 10, after “which” insert “man’s”

LORD MCKENZIE OF LUTON

BARONESS HOWE OF IDLICOTE

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS DRAKE

6*

Page 2, leave out lines 12 to 18 and insert—

“6th April 1955 to 5th May 1955 6th May 2020
6th May 1955 to 5th June 1955 6th July 2020
6th June 1955 to 5th July 1955 6th September 2020
6th July 1955 to 5th August 1955 6th November 2020
6th August 1955 to 5th September 1955 6th January 2021
6th September 1955 to 5th October 1955 6th March 2021
6th October 1955 to 5th November 1955 6th May 2021
6th November 1955 to 5th December 1955 6th July 2021
6th December 1955 to 5th January 1956 6th September 2021
6th January 1956 to 5th February 1956 6th November 2021
6th February 1956 to 5th March 1956 6th January 2022
6th March 1956 to 5th April 1956 6th March 2022”

BARONESS GREENGROSS

7*

Page 2, line 19, after “(6)” insert—

“(a) in both places for “person” substitute “man”, and

(b) ’’

LORD MCKENZIE OF LUTON

BARONESS HOWE OF IDLICOTE

THE LORD BISHOP OF RIPON AND LEEDS

BARONESS DRAKE

8*

Page 2, line 19, leave out ““1954”” and insert ““1956””

BARONESS TURNER OF CAMDEN

9

Page 2, line 19, at end insert—

“( ) After sub-paragraph (10) insert—

“(11) The Secretary of State may by regulations vary the provisions of this Schedule to provide for an earlier pensionable age in individual cases without loss of benefit in the event of—

(a) prolonged ill health, or

(b) arduous or dangerous employment,

or both.””

BARONESS GREENGROSS

10*

Page 2, line 19, at end insert—

“( ) After sub-paragraph (6) insert—

“(6A) A woman born after 5th April 1955 but before 6th April 1968 attains pensionable age when the woman attains the age of 66.””

After Clause 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

11*

Insert the following new Clause—

“Qualifying age for pension credit

(1) The Secretary of State must make regulations setting out the qualifying age for pension credit.

(2) The qualifying age for pension credit from 6th March 2011 until 6th March 2020 shall be set so that the timetable in Schedule 6 has effect.

(3) After 6th March 2020 the qualifying age for attaining pension credit shall be set at an age that does not exceed the age that a person qualifies for the state pension.”

Schedule 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

12*

Page 20, line 20, leave out from “(a)” to end of line 22 and insert “for “2024” substitute “April 2020”.”

13*

Page 20, line 31, leave out “December 2018”” and insert “April 2020””

After Schedule 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

14*

Insert the following new Schedule—

“SCHEDULE 1A Graduated timetable: qualifying age for pension credit

Any increase in the qualifying age for pension credit between 6th March 2011 and 6th March 2020 must not exceed the qualifying date set out in column (2) for any eligible person born on any day in a period mentioned in column (1).

Table 3
(1) Period within which a person’s birthday falls (2) Day pensionable credit attained
6th September 1950 to 5th October 1950 6th March 2011
6th October 1950 to 5th November 1950 6th May 2011
6th November 1950 to 5th December 1950 6th July 2011
6th December 1950 to 5th January 1951 6th September 2011
6th January 1951 to 5th February 1951 6th November 2011
6th February 1951 to 5th March 1951 6th January 2012
6th March 1951 to 5th April 1951 6th March 2012
6th April 1951 to 5th May 1951 6th May 2012
6th May 1951 to 5th June 1951 6th July 2012
6th June 1951 to 5th July 1951 6th September 2012
6th July 1951 to 5th August 1951 6th November 2012
6th August 1951 to 5th September 1951 6th January 2013
6th September 1951 to 5th October 1951 6th March 2013
6th October 1951 to 5th November 1951 6th May 2013
6th November 1951 to 5th December 1951 6th July 2013
6th December 1951 to 5th January 1952 6th September 2013
6th January 1952 to 5th February 1952 6th November 2013
6th February 1952 to 5th March 1952 6th January 2014
6th March 1952 to 5th April 1952 6th March 2014
6th April 1952 to 5th May 1952 6th May 2014
6th May 1952 to 5th June 1952 6th July 2014
6th June 1952 to 5th July 1952 6th September 2014
6th July 1952 to 5th August 1952 6th November 2014
6th August 1952 to 5th September 1952 6th January 2015
6th September 1952 to 5th October 1952 6th March 2015
6th October 1952 to 5th November 1952 6th May 2015
6th November 1952 to 5th December 1952 6th July 2015
6th December 1952 to 5th January 1953 6th September 2015
6th January 1953 to 5th February 1953 6th November 2015
6th February 1953 to 5th March 1953 6th January 2016
6th March 1953 to 5th April 1953 6th March 2016
6th April 1953 to 5th May 1953 6th May 2016
6th May 1953 to 5th June 1953 6th July 2016
6th June 1953 to 5th July 1953 6th September 2016
6th July 1953 to 5th August 1953 6th November 2016
6th August 1953 to 5th September 1953 6th January 2017
6th September 1953 to 5th October 1953 6th March 2017
6th October 1953 to 5th November 1953 6th May 2017
6th November 1953 to 5th December 1953 6th July 2017
6th December 1953 to 5th January 1954 6th September 2017
6th January 1954 to 5th February 1954 6th November 2017
6th February 1954 to 5th March 1954 6th January 2018
6th March 1954 to 5th April 1954 6th March 2018
6th April 1954 to 5th May 1954 6th May 2018
6th May 1954 to 5th June 1954 6th July 2018
6th June 1954 to 5th July 1954 6th September 2018
6th July 1954 to 5th August 1954 6th November 2018
6th August 1954 to 5th September 1954 6th January 2019
6th September 1954 to 5th October 1954 6th March 2019
6th October 1954 to 5th November 1954 6th May 2019
6th November 1954 to 5th December 1954 6th July 2019
6th December 1954 to 5th January 1955 6th September 2019
6th January 1955 to 5th February 1955 6th November 2019
6th February 1955 to 5th March 1955 6th January 2020
6th March 1955 to 5th April 1955 6th March 2020

Clause 5

LORD MCKENZIE OF LUTON

BARONESS DRAKE

15*

Page 4, line 30, leave out “£7,475” and insert “£5,715”

16*

Page 5, line 1, leave out “£7,475” and insert “£5,715”

Clause 6

LORD MCKENZIE OF LUTON

BARONESS DRAKE

17*

Page 6, line 16, at end insert “, unless the worker has been employed for a least two months at the starting date, in which case it shall be one month”

18*

Page 6, line 20, at end insert—

“( ) An employer may not repeat a notice to the same worker under subsection (3).”

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.

Clause 8

LORD MCKENZIE OF LUTON

BARONESS DRAKE

19*

Page 7, line 27, at end insert—

“(2A) An order made under subsection (2) must not increase the amount in section 3(1)(c) by more than the higher of the increase in the general level of prices in Great Britain and the general level of earnings, estimated in such manner as the Secretary of State thinks fit.”

Clause 10

LORD MCKENZIE OF LUTON

BARONESS DRAKE

20*

Page 9, line 3, leave out “or most”

21*

Page 9, line 5, leave out “a majority” and insert “no less than 90%”

After Clause 13

BARONESS HOLLIS OF HEIGHAM

22*

Insert the following new Clause—

“Power of trustees to allow early access to lump sums

After section 32 of the 2008 Act (power of trustees to modify by resolution) insert—

“32A Power of trustees to allow early access to lump sums

Providing that the jobholder has at least £10,000 in his or her pension scheme, upon application to the trustees of the qualifying scheme or automatic enrolment scheme a jobholder may withdraw up to 25% of the total sum accrued at the time of the application in the jobholder’s NEST.””

Clause 15

BARONESS NOAKES

23*

Page 10, line 12, leave out subsection (2)

24*

Page 10, line 15, leave out subsection (3)

25*

Page 10, line 24, leave out “and, since the relevant time, have always required”

26*

Page 10, line 34, leave out “and, since the relevant time, have always required”

27*

Page 11, leave out lines 18 to 22

Schedule 4

LORD FREUD

28

Page 28, line 42, leave out “and (9)”

29

Page 29, line 9, leave out from “section” to end of line 11

30

Page 29, line 11, at end insert—

“ In the following provisions of the Pensions Act 2004 after “152(2)” insert “or (2B)”—

(a) section 154(2)(c) (requirement to wind up certain schemes), and

(b) section 172(4) and (5)(c) (fraud compensation regime).”

31

Page 31, line 37, at end insert—

“( ) In each of the following after “21” insert “or 21A”—

(a) paragraph 25(1) (early payment of compensation),

(b) paragraph 25(3) (as amended by paragraph 12 of Schedule 8 to the Pensions Act 2008),

(c) in paragraph 25B(4) (terminal illness lump sum) paragraph (b) of the definition of “relevant age”, and

(d) paragraph 28(8)(c) (annual increase in periodic compensation).”