Session 2010 - 12
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Pensions Bill [HL]

MARSHALLED LIST OF AMENDMENTS TO BE MOVED ON CONSIDERATION

OF commons AMENDMENTs

[The page and line references are to Bill 183, the bill as first printed for the Commons.]

Clause 1

1

Page 2, leave out lines 12 to 16 and insert—

 

“6th January 1954 to 5th February

6th May 2019

 
 

1954

  
 

6th February 1954 to 5th March

6th July 2019

 
 

1954

  
 

6th March 1954 to 5th April 1954

6th September 2019

 
 

6th April 1954 to 5th May 1954

6th November 2019

 
 

6th May 1954 to 5th June 1954

6th January 2020

 
 

6th June 1954 to 5th July 1954

6th March 2020

 
 

6th July 1954 to 5th August 1954

6th May 2020

 
 

6th August 1954 to 5th September

6th July 2020

 
 

1954

  
 

6th September 1954 to 5th October

6th September 2020””

 
 

1954

  

1A

Lord McKenzie of Luton to move, as an amendment to the motion that this

 

House do agree with the Commons in their Amendment 1, leave out from

 

“House” to the end and insert “do disagree with the Commons in their

 

Amendment 1 and do propose Amendment 1B as an amendment in lieu and

 

Amendments 1C and 1D as consequential amendments.”

 
 
HL Bill 102—I55/1

 
 

2

1B

Page 2, leave out lines 10 to 16 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

6th January 2021

 
 

1955

  
 

6th September 1955 to 5th October

6th March 2021

 
 

1955

  
 

6th October 1955 to 5th November

6th May 2021

 
 

1955

  
 

6th November 1955 to 5th

6th July 2021

 
 

December 1955

  
 

6th December 1955 to 5th January

6th September 2021

 
 

1956

  
 

6th January 1956 to 5th February

6th November 2021

 
 

1956

  
 

6th February 1956 to 5th March

6th January 2022

 
 

1956

  
 

6th March 1956 to 5th April 1956

6th March 2022””

 

1C

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

1D

Page 1, line 8, leave out subsections (3) and (4)

2

Page 2, line 17, leave out ““1960” substitute “1954”” and insert ““5th April 1960”

 

substitute “5th October 1954””

Clause 4

3

Page 4, line 9, leave out “within the prescribed period” and insert “with effect

 

from—

 

(a)    

the day after the cessation referred to in paragraph (a) or (b)

 

of subsection (1), or

 

(b)    

a day within the prescribed period (if a period is

 

prescribed)”

4

Page 4, line 11, leave out “for subsection (4)” and insert “after subsection (1)

 

insert—

 

“(1A)    

This section also applies to a jobholder who—

 

(a)    

is aged at least 22,

 

(b)    

has not reached pensionable age, and

 
 

 
 

3

 
 

(c)    

is not an active member of a qualifying scheme because

 

there has been a period beginning at any time after the

 

jobholder’s automatic enrolment date during which the

 

requirements of section 1(1)(a) or (c) were not met (so that

 

the person was not a jobholder for that period).

 

(1B)    

This section also applies to a jobholder who has ceased to be an

 

active member of a qualifying scheme because of something other

 

than an action or omission by the jobholder.”

 

( )    

For subsection (4) of that section”

5

Page 4, line 19, at end insert—

 

“( )    

In subsection (8) of that section omit “, after the automatic enrolment

 

date,”.”

6

Page 4, leave out line 21 and insert “(4)—

 

(a)    

in paragraph (a) omit “at any time after the jobholder’s automatic

 

enrolment date,”;

 

(b)    

in that paragraph omit “or a qualifying scheme of which the

 

jobholder is an active member ceases to be such a scheme”;

 

(c)    

in paragraph (b) omit “or the employer”;

 

(d)    

in paragraph (c) for “time” substitute “event”.”

7

Page 4, line 22, leave out from “(inducements)” to end of line 23 and insert—

 

“(a)    

in subsection (1)(a) for “within the period prescribed under section

 

2(3)” substitute “with effect from—

 

(i)    

the day after the membership is given up, or

 

(ii)    

a day within the prescribed period (if a

 

period is prescribed)”;

 

(b)    

in subsection (1)(b) for “within the period prescribed under section

 

2(3)” substitute “with effect from—

 

(i)    

the day on which the jobholder became an

 

active member of the scheme to which the

 

notice relates, or

 

(ii)    

a day within the prescribed period (if a

 

period is prescribed)”.”

Clause 5

8

Page 4, line 39, leave out from beginning to end of line 14 on page 5 and insert—

 

““(1)    

This section applies to a jobholder—

 

(a)    

who is aged at least 22,

 

(b)    

who has not reached pensionable age, and

 

(c)    

to whom earnings of more than £7,475 are payable by the

 

employer in the relevant pay reference period (see section

 

15).””

Clause 6

9

Page 6, line 32, at end insert—

 

“( )    

In section 5 of the 2008 Act (automatic re-enrolment) omit subsection (5).”

 
 

 
 

4

 

Clause 8

10

Page 7, line 22, leave out “5(1)(a)” and insert “5(1)(c)”

After Clause 9

11

Insert the following new Clause—

 

“Qualifying schemes: administration charges

 

(1)    

Section 16 of the 2008 Act (qualifying schemes) is amended as follows.

 

(2)    

In subsection (3) for paragraph (a) substitute—

 

“(a)    

administration charges due from J while J is an active

 

member exceed a prescribed amount,

 

(aa)    

administration charges due from former active members

 

while J is an active member exceed a prescribed amount,

 

(ab)    

while J is an active member, the scheme contains provision

 

under which administration charges that will be due from J

 

when J is no longer an active member will exceed a

 

prescribed amount, or will do so in particular

 

circumstances,”.

 

(3)    

After that subsection insert—

 

“(4)    

For the purposes of subsection (3) administration charges are due

 

from a person to the extent that—

 

(a)    

any payments made to the scheme by, or on behalf or in

 

respect of, the person,

 

(b)    

any income or capital gain arising from the investment of

 

such payments, or

 

(c)    

the value of the person’s rights under the scheme,

 

    

may be used to defray the administrative expenses of the scheme,

 

to pay commission or in any other way that does not result in the

 

provision of pension benefits for or in respect of members.

 

(5)    

In subsection (3)(aa) “former active member” means a person who

 

at some time after the automatic enrolment date was both a

 

jobholder and an active member but is no longer an active

 

member.””

12

Insert the following new Clause—

 

“Test scheme standard for schemes that produce sum of money for provision of

 

benefits

 

(1)    

In section 22 of the 2008 Act (test scheme standard) after subsection (7)

 

insert—

 

“(8)    

In the case of a scheme under which a sum of money is made

 

available for the provision of benefits to a relevant member,

 

references in this section to pensions are to be read as references to

 

such sums.”

 

(2)    

For section 23 of the 2008 Act substitute—

 
 

 
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Revised 31 October 2011