Public Service Pensions Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 8th January 2013, as follows—

Clause 1
Schedule 1
Clause 2
Schedule 2
Clause 3
Schedule 3
Clauses 4 to 15
Schedule 4
Clause 16
Schedule 5
Clause 17
Schedule 6
Clause 18
Schedule 7
Clauses 19 to 24
Schedule 8
Clauses 25 and 26
Schedule 9
Clauses 27 and 28
Schedule 10
Clauses 29 and 30
Schedule 11
Clauses 31 to 38

[Amendments marked * are new or have been altered]

Clause 1

LORD NEWBY

1*

Page 1, line 4, leave out “in public service” and insert “specified in subsection (2)”

2*

Page 1, leave out line 5 and insert “Those persons are—”

3*

Page 1, line 6, after “servants” insert “for England, Wales and Scotland”

4*

Page 1, line 8, after “workers” insert “for England, Wales and Scotland”

5*

Page 1, line 9, after “teachers” insert “for England, Wales and Scotland”

6*

Page 1, line 10, after “workers” insert “for England, Wales and Scotland”

7*

Page 1, line 11, after “workers” insert “for England, Wales and Scotland”

8*

Page 1, line 12, after “forces” insert “for England, Wales and Scotland”

Schedule 1

LORD NEWBY

9*

Page 22, line 6, after “State (” insert “not”

10*

Page 22, leave out lines 9 to 31 and insert “holders of an office specified in an order made by—

(a) the Secretary of State, in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, or

(b) the Lord Chancellor, in any other case.

(2) An order under sub-paragraph (1) may only specify an office in or as regards Scotland or Northern Ireland if the office is not a devolved office.”

11*

Page 23, line 19, after “Wales,” insert “or”

12*

Page 23, line 20, leave out from “Service,” to end of line 21

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

13*

Page 23, line 21, at end insert—

“(d) the Defence Fire and Rescue Service”

LORD NEWBY

14*

Page 23, line 28, leave out paragraph (c)

BARONESS HARRIS OF RICHMOND

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

15

Page 23, line 30, at end insert—

“(d) includes members of the Ministry of Defence Police nominated under section 1 of the Ministry of Defence Police Act 1987”

Clause 2

LORD NEWBY

16*

Page 1, line 19, leave out “in public service” and insert “specified in section 1(2)”

Schedule 2

LORD NEWBY

17*

Page 24, line 9, leave out “other than those employed in the civil service of Northern Ireland,”

18*

Page 24, line 11, leave out “holders of non-devolved judicial office” and insert “the judiciary”

19*

Page 24, line 13, leave out “holders of non-devolved judicial office” and insert “the judiciary”

20*

Page 24, line 18, leave out sub-paragraphs (3) and (4)

21*

Page 24, line 28, leave out paragraph (c)

22*

Page 24, line 33, leave out paragraph (c)

23*

Page 24, line 38, leave out paragraph (c)

24*

Page 25, line 6, leave out paragraph (d)

25*

Page 25, line 11, leave out paragraph (c)

Clause 3

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

26*

Page 2, line 10, leave out paragraph (b)

LORD WHITTY

27*

Page 2, line 12, at end insert “where this is to provide for efficient implementation of necessary amendments that do not cause material detriment to scheme members”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

28*

Page 2, line 13, at end insert—

“(3A) Scheme regulations shall not make any provision which would have the effect of reducing the amount of any pension, allowance or gratuity, in so far as that amount is directly or indirectly referable to rights which have accrued (whether by virtue of service rendered, contributions paid or any other thing done) before the coming into operation of the scheme, unless the persons specified in subsection (3B) have agreed to the inclusion of that provision.

(3B) The persons referred to in subsection (3A) are the persons or representatives of the persons who appear to the responsible authority to be likely to be affected by the regulations if they were made.”

LORD NEWBY

29*

Page 2, leave out lines 22 to 29

LORD WHITTY

30*

Page 2, line 22, at end insert—

“(d) scheme regulations which in the opinion of the Government Actuary’s Department have no material effect on the cost of the scheme.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

31*

Page 2, line 22, at end insert—

“(5A) This Act shall not apply to scheme regulations relating to local government workers in Scotland unless the Scottish Government approves this application.”

After Clause 3

LORD WHITTY

32*

Insert the following new Clause—

“Local Government Schemes: exclusion

Nothing in this Act shall be taken as allowing the Treasury to de-fund any individual fund in the Local Government Pension Scheme or to transfer the fund’s assets to HM Treasury and the liabilities to the ONS national accounts.”

Clause 4

LORD WHITTY

33*

Page 2, line 38, at end insert “or, in the case of the Local Government Pension Scheme, the relevant authority as defined in section 5(7)”

Clause 5

LORD SHARKEY

34*

Page 3, line 8, leave out subsection (1) and insert—

“(1) Scheme regulations for a scheme under section 1 must provide for the establishment of a board, at least one third of whose members must be members of the scheme or their representatives, with responsibility for assisting and making recommendations to the scheme manager in relation to the following matters.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

35*

Page 3, line 10, leave out “following matters” and insert “matters in subsection (2).

(1A) Regulations shall provide for the establishment of a pensions board for each individual pension fund which makes provision for local government workers.”

LORD WHITTY

36*

Page 3, line 10, at end insert—

“( ) For a scheme under section 1(2)(c), scheme regulations must provide for a board at the scheme level (the scheme board) to assist the responsible authority and for boards at the fund level (the fund board) to assist the scheme manager in relation to the following matters.”

BARONESS DONAGHY

37*

Page 3, line 12, at end insert “, (including articles 8 and 18 of EU Directive 41/2003 Institutions for Occupational Retirement Provisions),”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

38*

Page 3, line 14, at end insert—

“( ) oversight of financial management of the scheme and, in the case of funded schemes, oversight of investment management”

39*

Page 3, line 22, at end insert—

“( ) to publish a policy governing the appointment of board members,”

LORD NEWBY

40*

Page 3, line 30, at end insert—

“( ) requiring members of the scheme and any connected scheme to be represented on the board.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

41*

Page 3, line 30, at end insert—

“(c) requiring that at least one third of pension board members are nominated by members of the scheme; and

(d) requiring that at least one member of the pension board is an independent board member.”

42*

Page 3, line 35, at end insert—

“(5A) For a board member to be nominated by scheme members under subsection (4)(c) that member must—

(a) be nominated as the result of a process in which at least the following are eligible to participate—

(i) all the active members of the scheme or an organisation which adequately represents the active members, and

(ii) all the pensioner members of the scheme or an organisation which adequately represents the pensioner members, and

(b) be selected as a result of a process which involves some or all of the members of the scheme.

(5B) In subsection (4)(d) an “independent board member” is a board member who—

(a) has no interest in the assets of the scheme or of the scheme employer or employers; and

(b) is neither connected with, nor an associate of, the employer or employers.”

LORD NEWBY

43*

Page 3, line 39, leave out subsection (7)

LORD WHITTY

44*

Page 4, line 1, at end insert—

“( ) In this Act, a board established by a relevant authority under this section is called a “pension fund board”.

( ) In this Act, a board established by a responsible authority in addition to a pension fund board is called a “pension scheme board”.

After Clause 6

LORD NEWBY

45*

Insert the following new Clause—

“Scheme advisory board

(1) Scheme regulations for a scheme under section 1 which is a defined benefits scheme must provide for the establishment of a board with responsibility for providing advice to the responsible authority, at the authority’s request, on the desirability of changes to the scheme.

(2) Where the scheme manager of a scheme mentioned in subsection (1) is a local authority or a committee of such an authority, the regulations may also provide for the board to provide advice (on request or otherwise) to the scheme manager or the scheme’s pension board in relation to the effective and efficient administration and management of—

(a) the scheme and any statutory pension scheme that is connected with it, or

(b) any pension fund of the scheme and any connected scheme.

(3) A person to whom advice is given by virtue of subsection (1) or (2) must have regard to the advice.

(4) The regulations must include provision—

(a) requiring the responsible authority—

(i) to be satisfied that a person to be appointed as a member of the board does not have a conflict of interest, and

(ii) to be satisfied from time to time that none of the members of the board has a conflict of interest;

(b) requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the responsible authority with such information as the authority reasonably requires for the purposes of provision under paragraph (a).

(5) In subsection (4)(a) “conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudice the person’s exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme).

(6) In this Act, a board established under this section is called a “scheme advisory board”.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

46*

Insert the following new Clause—

“Pension policy groups

(1) The Treasury shall make directions providing for the establishment of a pension policy group for each scheme established under section 1.

(2) The pension policy groups will consider and advise on proposals to make significant changes to scheme regulations.

(3) Treasury directions under subsection (1) shall establish a single pension policy group relating to all schemes for local government workers.”

Clause 7

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

47*

Page 4, line 25, at end insert—

“(3A) A scheme under section 1 which replaces a defined benefit scheme may only be established as a defined benefits scheme.”

Clause 8

LORD WHITTY

48*

Page 5, line 5, at end insert—

“( ) Where the change is negative, the order shall specify a zero increase.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

49*

Page 5, line 8, after “Treasury” insert “reasonably”

50*

Page 5, line 13, leave out “negative” and insert “affirmative”

After Clause 8

LORD WHITTY

51*

Insert the following new Clause—

“Basis of valuation

(1) Within six months of the passing of this Act, the Government shall establish a review body to assess the appropriateness of current methods of valuation of pension scheme liabilities and assets, and if appropriate to recommend changes that provide a broader base of valuation.

(2) The review body shall report within 18 months of the passing of this Act.”

Clause 9

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

52*

Page 5, line 18, after “age” insert “or deferred pension age”

LORD KENNEDY OF SOUTHWARK

53

Page 5, line 18, at end insert “set in scheme regulations but must be no more than”

BARONESS DONAGHY

54*

Page 5, line 24, at end insert—

“(d) ambulance service staff who are 999 responders”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

55*

Page 5, line 25, after “age” insert “or deferred pension age”

56*

Page 5, line 26, at end insert—

“(2A) Subsections (1) and (2) shall not apply in relation to any category or public service worker as the Secretary of State may by order specify following the publication of a scheme specific capability review.”

57*

Page 5, line 27, leave out subsection (3)

58*

Page 5, line 38, at end insert—

“(4A) A person’s normal or deferred pension age under a scheme under section 1 will not change by operation of this section unless 10 years’ or more notice of the change has been given.”

59*

Page 5, line 38, at end insert—

“(4B) The link between the state pension age and a person’s normal or deferred pension age shall be regularly and independently reviewed to ensure that the link remains appropriate in light of scheme members’ longevity.”

LORD NEWBY

60*

Page 6, line 9, leave out from “1995,” to end of line 13

After Clause 9

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

61*

Insert the following new Clause—

“Compulsory transfer of employment

A member of a public service pension scheme is entitled to remain an active member of that scheme following—

(a) the compulsory transfer of his contract of employment to an independent contractor; and

(b) any subsequent compulsory transfer of his contract of employment.”

Clause 10

BARONESS DONAGHY

62*

Page 6, line 20, at end insert “and Treasury directions would not apply to individual Local Government Pension Scheme funds”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

63*

Page 6, line 30, at end insert—

“(3A) Treasury directions under subsection (2) shall take into account the individual nature of each of the different funded schemes that make provision for local government workers.”

LORD WHITTY

64*

Page 6, line 32, after “consulted” insert “and agreed with”

BARONESS DONAGHY

65*

Page 6, line 33, at end insert “, the scheme manager and the scheme board”

LORD WHITTY

66*

Page 6, line 33, at end insert—

“( ) This section does not apply to the fund valuations of the Local Government Pension Scheme.”

Clause 11

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

67*

Page 7, line 10, at end insert—

“(4A) Treasury directions under subsection (3) may only be made after consultation with the persons or representatives of the persons who appear to the Treasury to be likely to be affected by the employer cost cap.”

68*

Page 7, line 26, at end insert “, provided that they do not have the effect of reducing members’ accrued benefits”

69*

Page 7, line 30, leave out “negative” and insert “affirmative”

LORD WHITTY

70*

Page 7, line 31, at end insert—

“(10) This section does not apply to the Local Government Pension Scheme.”

Clause 12

LORD NEWBY

71*

Page 8, line 20, leave out subsection (8)

Before Clause 13

LORD NEWBY

72*

Insert the following new Clause—

“Information about benefits

(1) Scheme regulations must require the scheme manager for a scheme under section 1 which is a defined benefits scheme to provide benefit information statements to each person in pensionable service under the scheme in accordance with this section.

(2) A benefit information statement must include—

(a) a description of the benefits earned by the person in respect of his or her pensionable service, and

(b) such other information as Treasury directions may specify.

(3) The information included in a benefit information statement must comply with such requirements as Treasury directions may specify.

(4) A benefit information statement must be provided—

(a) no later than the relevant date, and

(b) at least once in each year ending with the anniversary of that date.

(5) The relevant date is the last day of the period of 17 months beginning with the day on which scheme regulations establishing the scheme come into force.

(6) A benefit information statement must be provided in such manner as Treasury directions may specify.”

Clause 13

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

73*

Page 8, line 26, leave out subsection (1) and insert—

“(1) The Treasury shall make directions requiring the scheme manager or responsible authority of a scheme under section 1 to publish scheme information.

(1A) The Treasury may make directions requiring the scheme manager or responsible authority of a scheme under section 1 to provide scheme information to the Treasury.”

74*

Page 8, leave out lines 32 and 33 and insert—

“Scheme information under subsection (1) shall include, but is not limited to, the following—”

75*

Page 8, line 38, at end insert—

“(f) full valuation reports.

(3A) The Treasury may make provision for scheme information to be provided in a specified format.”

76*

Page 8, line 40, at end insert—

“(4A) The Office of Budget Responsibility shall report at regular intervals specified by the Treasury on the long-term fiscal impact of public service pension schemes.”

Clause 14

LORD NEWBY

77*

Page 9, line 5, leave out from “State,” to end of line 8

Clause 15

LORD NEWBY

78*

Page 9, line 15, leave out “Part 1 of”

79*

Page 9, line 18, leave out “that Part of”

80*

Page 9, line 19, leave out subsection (3)

81*

Page 9, line 25, leave out “subsections (2) and (3)” and insert “subsection (2)”

After Clause 15

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

82*

Insert the following new Clause—

“Review of standards of administration

(1) Within six months of the day on which this Act is passed, the Treasury shall commission an independent review into the standards of administration in public service pension schemes and how those standards could be improved.

(2) The Treasury shall lay before Parliament the report produced by the review as soon as reasonably practical after the report has been published.”

83*

Insert the following new Clause—

“Member communications

(1) Scheme regulations for a scheme under section 1 shall provide for the provision of annual benefit statements to all members of the scheme.

(2) Benefit statements under subsection (1) shall show the following information—

(a) the members’ pension benefits earned to date;

(b) the projected annual pension and lump sum payments if the member retires at her normal pension age; and

(c) the member’s and employer’s current contribution rates.”

Schedule 4

LORD NEWBY

84*

Page 27, line 15, after “information)” insert “, (Information about benefits) (information about benefits)”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

85*

Page 29, line 36, leave out “may” and insert “shall”

LORD NEWBY

86*

Page 30, line 27, at end insert—

“( ) the discharge of duties imposed under section (Information about benefits) of that Act (information about benefits);”

87*

Page 31, line 7, after “information)” insert “, (Information about benefits) (information about benefits)”

88*

Page 32, leave out lines 28 and 29

89*

Page 32, line 31, leave out from “Act),” to end of line 33

90*

Page 33, line 5, leave out from beginning to end of line 2 on page 39

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

91*

Page 36, line 25, leave out “may” and insert “shall”

Clause 16

LORD NEWBY

92*

Page 10, line 2, leave out “1 April” and insert “31 March”

93*

Page 10, line 4, leave out “5 April” and insert “31 March”

94*

Page 10, line 28, leave out from “Wales,” to end of line 30

Schedule 5

LORD NEWBY

95*

Page 39, line 8, leave out paragraph 2

96*

Page 39, line 28, at end insert—

“Exception: benefits payable to or in respect of a holder of a devolved office.”

97*

Page 40, line 7, leave out paragraph 18

98*

Page 40, line 13, leave out paragraph 20

99*

Page 40, line 19, leave out paragraph 22

100*

Page 40, line 24, leave out paragraph 24

101*

Page 40, line 33, leave out paragraph 27

102*

Page 40, line 35, at end insert—

“27A A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012.

Exceptions: injury benefits and compensation benefits.”

Schedule 6

LORD NEWBY

103*

Page 41, line 25, leave out paragraph 2

104*

Page 41, line 35, leave out paragraph 6

105*

Page 42, line 5, leave out paragraph 8

106*

Page 42, line 11, leave out paragraph 10

107*

Page 42, line 15, leave out paragraph 11

108*

Page 42, line 23, leave out paragraph 14

109*

Page 42, line 25, at end insert—

“14A A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012.

Specified benefits: injury benefits and compensation benefits.”

110*

Page 43, line 11, leave out paragraph 23

Clause 18

LORD NEWBY

111*

Page 10, line 41, leave out “which are closed under section 16” and insert “to which section 16(1) applies”

Schedule 7

LORD NEWBY

112*

Page 43, line 17, leave out from “scheme” to “(the” in line 18 and insert “to which section 16(1) applies or a scheme to which section 28(2) applies”

113*

Page 43, line 38, leave out from “scheme” to “(“the” in line 39 and insert “to which section 16(1) applies or a scheme to which section 28(2) applies”

114*

Page 44, line 7, leave out from “after” to “(“the” in line 8 and insert “the date referred to in section 16(1) or 28(2) to an existing scheme to which section 16(1) applies or a scheme to which section 28(2) applies”

LORD WHITTY

115*

Page 44, line 39, at end insert—

“(3) Where the existing scheme in paragraphs 1(2)(a) and 2(2)(a) is a relevant local government scheme “pensionable public service” means service which is pensionable service in relation to a local government scheme made under section 1.

(4) In sub-paragraph 4, “relevant local government scheme” means—

(a) regulations under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales, or

(b) regulations under Article 9 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)).”

Clause 19

LORD WHITTY

116*

Page 11, line 5, at end insert “with a view to reaching agreement with them”

Clause 20

LORD NEWBY

117*

Page 11, line 40, leave out paragraph (d)

118*

Page 11, line 42, leave out from second “period” to end of line 43 and insert “beginning with the coming into force of this section and ending with 31 March 2040;”

LORD WHITTY

119*

Leave out Clause 20 and insert the following new Clause—

“Consultation and report

(1) This section applies where—

(a) after the coming into force of scheme regulations establishing a scheme under section 1, the responsible authority proposes to make further scheme regulations, or

(b) the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the responsible authority to have significant adverse effects in relation to members of the scheme.

(2) The responsible authority must—

(a) consult the persons specified in subsection (3) with a view to reaching agreement with them, and

(b) lay a report before the appropriate legislature.

(3) The persons referred to in subsection (2)(a) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the regulations if they were made.

(4) In the case referred to in subsection (1)(a), the report under subsection (2)(b) must set out why the responsible authority proposes to make the regulations.

(5) The scheme regulations may not amend the protected elements of a scheme under section 1 within the protected period.

(6) In this section—

“the appropriate legislature” means—

(a) Parliament, where the responsible authority is the Secretary of State or the Minister for the Civil Service;

(b) the Scottish Parliament, where the responsible authority is the Scottish Ministers;

(c) the National Assembly for Wales, where the responsible authority is the Welsh Ministers;

(d) the Northern Ireland Assembly, where the responsible authority is a Northern Ireland department;

“protected period” means the period of 25 years beginning with 1 April 2015;

“protected elements”, in relation to a scheme under section 1, means—

(a) the extent to which the scheme is a career average revalued earnings scheme;

(b) members’ contribution rates under the scheme;

(c) benefits accrued under the scheme.

(7) In this section, references to a change to the protected elements under subsection (5) do not include a change that has been agreed as a result of consultation under this section.

(8) In a case where this section applies, there is no requirement to consult under section 19(1).”

Clause 21

LORD WHITTY

120*

Page 12, line 16, leave out subsection (2) and insert—

“(2) Unless otherwise stated in this Act, scheme regulations are subject to the negative procedure.”

Clause 22

LORD NEWBY

121*

Page 12, line 24, leave out “in public service” and insert “specified in section 1(2)”

122*

Page 12, line 26, leave out “that section” and insert “section 1”

123*

Page 12, line 28, leave out “in public service” and insert “specified in section 1(2)”

124*

Page 12, line 30, leave out “not in public service” and insert “, not being persons specified in section 1(2),”

125*

Page 12, line 32, leave out “not in public service” and insert “(other than persons specified in section 1(2))”

Clause 23

LORD WHITTY

126*

Page 13, line 6, after “1” insert “(other than a scheme made in relation to section 1(2)(c))”

Schedule 8

LORD WHITTY

127*

Page 45, line 18, at end insert—

“4 (1) Part 1 of the Pensions (Increase) Act 1971 (general provisions) is amended as follows.

(2) In section 8(2) after “which is not attributable to a pension credit” there is inserted “and is not a career average revalued earnings pension under the Local Government Pension Scheme”.

(3) After section 8(2A) there is inserted—

“(2B) A pension which is accrued under a career average revalued earnings pension scheme for local government workers (made under section 1 of the Public Service Pensions Act 2013) shall be revalued in the same manner as the benefit for an active member of the same scheme.””

LORD NEWBY

128*

Page 47, leave out lines 4 to 39

129*

Page 48, line 24, leave out from beginning to end of line 8 on page 49

130*

Page 49, leave out lines 24 to 30

131*

Page 50, line 27, leave out from beginning to end of line 7 on page 51

132*

Page 52, leave out lines 1 to 12

Clause 25

LORD NEWBY

133*

Page 13, line 16, leave out from “Wales,” to end of line 18

134*

Page 13, line 26, leave out “or (as the case may be) Northern Ireland”

Clause 26

LORD NEWBY

135*

Page 13, line 31, leave out from “1972” to “(schemes” in line 33 and insert “so as to extend access to schemes under section 1 of that Act””

Schedule 9

LORD NEWBY

136*

Page 54, line 15, leave out from beginning to end of line 12 on page 55

Clause 27

LORD NEWBY

137*

Page 14, line 12, leave out “13 and” and insert “(Information about benefits) to”

138*

Page 14, line 21, leave out from “Treasury,” to end of line 28

139*

Page 14, line 28, at end insert—

“( ) This section does not apply to a new public body pension scheme which relates to a devolved body or office.”

Clause 28

LORD NEWBY

140*

Page 15, line 2, leave out “the scheme” and insert “a scheme to which subsection (2) applies”

141*

Page 15, line 10, leave out “the scheme” and insert “a scheme to which subsection (2) applies”

142*

Page 15, line 14, leave out “this section” and insert “subsection (2)”

143*

Page 15, line 22, at end insert—

“but may not add a devolved body or office.”

144*

Page 15, line 30, leave out “which are closed under this section” and insert “to which subsection (2) applies”

Clause 29

LORD NEWBY

145*

Page 15, line 44, at end insert—

“( ) This section does not apply to a public body pension scheme which relates to a devolved body or office.”

Clause 31

LORD NASEBY

146*

Page 16, leave out from beginning of line 8 to end of line 39 and insert—

“(1) Schedule 6 to the Constitutional Reform and Governance Act 2010 (Parliamentary and other pensions) is amended as follows.

(2) In paragraph 19, leave out sub-paragraph (3) and insert—

“(3) Sub-paragraph (2) does not apply if either—

(a) the trustees of the Fund consent to the new scheme making the provision, and the person making the new scheme is satisfied that the consent requirement is met, or

(b) the provision provides for a person’s normal pension age or deferred pension age to change in consequence of a change in state pension age in respect of service after the provision comes into force, but not affecting that person’s right (including a contingent right) or entitlement to or in respect of a pension or future pension payable from the Fund which has accrued in respect of service where that age does not change in consequence of a change in state pension age.”

(3) In paragraph 19, at end insert—

“(8) In this paragraph—

(a) “normal pension age”, in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive benefits (without actuarial adjustment) on leaving that service (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise),

(b) “deferred pension age”, in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive benefits under the scheme (without actuarial adjustment) after leaving that service at a time before normal pension age (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise), and

(c) “state pension age”, in relation to a person, means the person’s pensionable age as specified from time to time in Schedule 4 to the Pensions Act 1995.””

Before Clause 33

LORD DUBS

147

Insert the following new Clause—

“Amendment to the Railways Act 1993

(1) The Railways Act 1993 is amended as follows.

(2) In Schedule 11 (pensions), after paragraph 11 there is inserted—

“11A (1) This paragraph applies if an insolvency event occurs in relation to the employer or former employer of a protected person.

(2) Where this paragraph applies, the Secretary of State shall become liable to discharge any liabilities in respect of relevant pension rights, to the extent that they are not discharged by the trustees of a new scheme in which the employer was a participating employer.

(3) For the purposes of this paragraph—

(a) “insolvency event” has the meaning set out in section 121 of the Pensions Act 2004;

(b) “relevant pension rights” means the relevant pension rights referred to in paragraph 6(3) above.

11B The duty referred to in paragraph 11A also applies if an insolvency event has occurred in relation to the employer or former employer of a protected person on or after 1 October 1994.””

Clause 33

LORD NEWBY

148*

Page 18, line 14, at end insert—

““devolved”: a body or office is “devolved” if or to the extent that provision about pensions payable to or in respect of members or staff of the body, or a holder of the office—

(a) would be within the legislative competence of the Northern Ireland Assembly were that provision contained in an Act of the Assembly, or

(b) is not a reserved matter within the meaning of the Scotland Act 1998;”

149*

Page 18, leave out line 15

150*

Page 18, line 44, at end insert—

““local authority” means—

(a) a local authority in England and Wales within the meaning of Part 1 of the Local Government and Housing Act 1989;

(b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”

151*

Page 18, leave out line 49

152*

Page 18, line 50, at end insert—

““pension board” has the meaning given by section 5(8);”

153*

Page 19, line 22, at end insert—

““scheme advisory board” has the meaning given by section (Scheme advisory board)(6);”

Clause 34

LORD NEWBY

154*

Page 19, line 46, leave out paragraph (b)

155*

Page 20, line 10, leave out paragraph (c)

156*

Page 20, line 22, leave out paragraph (c)

Prepared 8th January 2013