Public Service Pensions Bill

Page 23, line 30, leave out from “servants” to end of line 31

Page 23, line 33, leave out sub-paragraph (2) and insert—

“1A (1) Scheme regulations for the judiciary may be made by the Lord Chancellor.

(2) Before making scheme regulations in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, the Lord Chancellor must consult the Secretary of State.”

Page 2, line 13, leave out paragraph (b)

Page 2, line 15, at end insert (but see section (Procedure for retrospective provision))

Page 2, line 16, at end insert—

“( ) The consequential provision referred to in subsection (2)(b) includes consequential provision amending any primary legislation passed before or in the same session as this Act (as well as consequential provision amending any secondary legislation).”

Page 3, line 4, at end insert “(or each scheme manager)”

Page 3, line 26, leave out paragraph (c) and insert—

“(c) requiring the board to include employer representatives and member representatives in equal numbers.”

Page 3, line 32, at end insert—

“( ) In subsection (4)(c)—

(a) “employer representatives” means persons appointed to the board for the purpose of representing employers for the scheme and any connected scheme;

(b) “member representatives” means persons appointed to the board for the purpose of representing members of the scheme and any connected scheme.”

Page 4, line 10, leave out from “Where” to “in” in line 13 and insert “, by virtue of section 4(5), there is more than one scheme manager for a scheme mentioned in subsection (1) (and accordingly there is more than one pension board for the scheme), the regulations may also provide for the board to provide advice (on request or otherwise) to the scheme managers or the scheme’s pension boards”

Page 4, line 33, after “scheme” insert “or any connected scheme”

Page 32, line 27, at end insert—

“6A A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977.

Exception: injury benefits and compensation benefits”

Page 34, line 18, at end insert—

“1A A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977.

Specified benefits: injury benefits and compensation benefits”

Page 36, leave out lines 14 and 15 and insert—

“(ii) such earnings as scheme regulations for the new scheme may specify, being earnings derived by the person from the new scheme service, are to be regarded as derived from the old scheme service (subject to sub-paragraph (3)).

(3) The amount of the earnings that are to be regarded as derived from the old scheme service must not be materially less than the amount of the earnings that would have been the person’s pensionable earnings derived from that service had it ended when the new scheme service ended.”

Page 36, leave out lines 41 to 43 and insert—

“(ii) such earnings as scheme regulations for the new scheme may specify, being earnings derived by the person from the new scheme service, are to be regarded as derived from the deemed transfer scheme service (subject to sub-paragraph (2A)).

(2A) The amount of the earnings that are to be regarded as derived from the deemed transfer scheme service must not be materially less than the amount of the earnings that would have been the person’s pensionable earnings derived from that service had it ended when the new scheme service ended.”

Page 11, line 34, leave out from “period” to end of line 38

Page 12, line 7, leave out “In the case referred to in subsection (1)(a)”

Page 12, line 14, at end insert “or the Lord Chancellor”

Insert the following new Clause—

“Procedure for retrospective provision

(1) Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme, the authority must first obtain the consent of the persons referred to in subsection (3).

(2) Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority—

(a) not to have significant adverse effects as specified in subsection (1), but

(b) to have significant adverse effects in any other way in relation to members of the scheme (for example, in relation to injury or compensation benefits),

the authority must first consult the persons specified in subsection (3) with a view to reaching agreement with them.

(3) The persons referred to in subsections (1) and (2) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the provision if it were made.

(4) The responsible authority must, in a case falling within subsection (1) or (2), lay a report before the appropriate legislature (as defined in section 22).

(5) In a case falling within subsection (1) or (2) there is no requirement to consult under section 21(1).”

Page 12, line 34, leave out paragraph (b) and insert—

“(b) section (Procedure for retrospective provision)(1) or (2) (procedure for retrospective provision having significant adverse effects) applies.”

Page 12, line 36, at end insert “or

(c) they are scheme regulations for a scheme relating to the judiciary, unless the pension board for that scheme has stated that it considers the regulations to be minor or wholly beneficial.”

Page 13, line 19, leave out subsections (6) and (7) and insert—

“(6) By virtue of a determination under subsection (5) the scheme regulations then apply to the persons to whom the determination relates as they apply to other persons to or in respect of whom pensions and other benefits are provided under the scheme (or such class of other persons as may be specified in the determination).

(7) Subsection (6) is subject to—

(a) any special provision made in the scheme regulations, and

(b) a direction under subsection (7A).

(7A) Scheme regulations made under subsection (2) or (3) in relation to any persons may include provision authorising the responsible authority by direction to modify provisions of the regulations in their application to those persons for the purpose of—

(a) securing appropriate protection against additional costs to the scheme that might result from the application of the scheme regulations to those persons,

(b) obtaining information about those persons, their employers and other relevant persons, or

(c) taking appropriate account of—

(i) the arrangements under which those persons are employed, and

(ii) the organisational structures of their employers.”

Page 13, line 27, at end insert—

“( ) Where, by virtue of section 4(5), there is more than one scheme manager for a scheme under section 1, the responsible authority may delegate its functions under subsection (5) or (8) to the scheme managers, subject to such conditions as the responsible authority considers appropriate.”

Page 13, line 32, leave out “persons to whom the scheme relates” and insert “—

(a) persons within the description of persons specified in section 1(2) for which the responsible authority may make the scheme, and

(b) any other persons to whom the scheme relates by virtue of section 25.”

Page 13, line 32, at end insert—

“( ) Subsection (1) is subject to any provision made in the scheme regulations for the scheme that restricts or otherwise affects the power to make payments under that subsection.”

Page 40, line 36, at end insert—

“15A In section 11 of that Act (provision against pensions under two or more judicial pension schemes), at the end there is inserted—

“(5) This section does not prevent a scheme under section 1 of the Public Service Pensions Act 2013 having effect in relation to a person”.”

Page 42, leave out line 33 and insert—

“Schedule 1, paragraph 2(1).

Schedule 2, paragraph 1A.”

Page 42, line 37, at end insert—

In Schedule 4 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (transfer of employees etc of Legal Services Commission), in paragraph 4 (pension schemes), after sub-paragraph (2) there is inserted—

“(2A) Where an individual who is employed in the civil service of the State by virtue of paragraph 1(1)—

(a) was a member of a relevant LSC scheme immediately before the transfer day,

(b) had been a member of that scheme immediately before 1 April 2012, and

(c) becomes, on or after the transfer day, a member of a civil service scheme,

the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pension Schemes Act 2013, as having been a member of the civil service scheme immediately before 1 April 2012.

(2B) In sub-paragraph (2A)—

(a) “relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;

(b) “civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.”

Page 20, line 26, after “Service” insert “or the Lord Chancellor”