Public Service Pensions Bill
TO BE MOVED
Page 2, line 15, at end insert “where this is to provide for efficient implementation of necessary amendments that do not cause material detriment to scheme members”
Page 5, line 22, leave out “or decrease”
Page 5, line 23, at end insert “, where the change is negative the order shall specify a zero increase”
LORD KENNEDY OF SOUTHWARK
Page 6, line 2, after “be” insert “set in scheme regulations but must be no more than”
Page 8, line 2, at end insert—
“(10) This section does not apply to the Local Government Superannuation Scheme.”
Page 37, line 13, 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 (3), “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)).”
Page 11, line 23, at end insert “with a view to reaching agreement with them”
Leave out Clause 22 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 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).”
Page 42, line 37, at end insert—“Local Government Superannuation Scheme
29 The Directions Order is repealed.”