Public Service Pensions Bill (HL Bill 77)

17 (1) Section 71 (short service benefit) is amended as follows.

(2) In subsection (3), for “subsection (4)” there is inserted “subsections (4) and
(5A)”.

(3) After subsection (5) there is inserted—

“(5A) 5Subsection (3) does not apply in relation to a scheme under section 1
of the Public Service Pensions Act 2013.”

18 In section 83 (scope of Chapter 2: revaluation of accrued benefits), after
subsection (1A) there is inserted—

“(1B) The reference in subsection (1)(a)(iii) to normal pension age is to be
10read, in relation to a person who is an active or deferred member of
a scheme under section 1 or 30(7) of the Public Service Pensions Act
2013, as—

(a) the member’s normal pension age within the meaning of that
Act, or

(b) 15the member’s deferred pension age within the meaning of
that Act, if that is later.

In this subsection “active member” and “deferred member”, in
relation to such a scheme, have the meanings given by section 124(1)
of the Pensions Act 1995.”

20Merchant Shipping Act 1995 (c. 21)1995 (c. 21)

19 (1) Section 214 of the Merchant Shipping Act 1995 (pension rights of persons
whose salaries are paid out of the General Lighthouse Fund) is amended as
follows.

(2) The existing provision is numbered as subsection (1).

(3) 25After that subsection there is inserted—

“(2) Where pensions, allowances and gratuities to or in respect of persons
whose salaries are paid out of the General Lighthouse Fund are
payable otherwise than under subsection (1), sums in respect of
those benefits may with the approval of the Secretary of State be paid
30out of that Fund.”

Police Act 1996 (c. 16)1996 (c. 16)

20 The Police Act 1996 is amended as follows.

21 In section 50 (regulations for police forces), after subsection (2) there is
inserted—

“(2ZA) 35Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
(pensions etc) in relation to members of police forces.”

22 (1) Section 51 (regulations for special constables) is amended as follows.

(2) In subsection (2)—

(a) 40at the end of paragraph (c) there is inserted “and”;

(b) paragraph (e) is repealed.

(3) After subsection (2) there is inserted—

“(2ZA) Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
(pensions etc) in relation to special constables.”

(4) 5Subsection (3) is repealed.

23 In section 52 (regulations for police cadets), after subsection (1) there is
inserted—

“(1ZA) Regulations under this section may not make any provision which
may be made under section 1 of the Public Service Pensions Act 2013
10(pensions etc) in relation to police cadets.”

Human Rights Act 1998 (c. 42)Human Rights Act 1998 (c. 42)

24 In Schedule 4 to the Human Rights Act 1998 (judicial pensions), in the
definition of “pensions Act” in paragraph 4, after paragraph (d) (but before
the final “and”) there is inserted—

• “( e)

  15the Public Service Pensions Act 2013;”.

Fire and Rescue Services Act 2004 (c. 21)Fire and Rescue Services Act 2004 (c. 21)

25 In section 34 of the Fire and Rescue Services Act 2004 (pensions etc), after
subsection (1) there is inserted—

“(1A) Subsection (1) is subject to sections 18 and 19 of the Public Service
20Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

Armed Forces (Pensions and Compensation) Act 2004 (c. 32)Armed Forces (Pensions and Compensation) Act 2004 (c. 32)

26 In section 1 of the Armed Forces (Pensions and Compensation) Act 2004
(pension and compensation schemes for the armed and reserve forces), after
25subsection (2) there is inserted—

“(2A) Subsections (1) and (2) are subject to sections 18 and 19 of the Public
Service Pensions Act 2013 (restrictions on benefits provided under
existing schemes).”

Constitutional Reform Act 2005 (c. 4)Constitutional Reform Act 2005 (c. 4)

27 30In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of
the Lord Chancellor), in Part A of paragraph 4, at the end there is inserted—

“Public Service Pensions Act 2013

Schedule 2, paragraph 1(2)”.

Parliament (Joint Departments) Act 2007 (c. 16)2007 (c. 16)

28 35In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in
subsection (2)(c), after “kept in line with the provisions of” there is inserted
“, or provided under,”.

Section 28

SCHEDULE 9 Existing schemes for civil servants: extension of access

1 The Superannuation Act 1972 is amended as follows.

2 In section 1 (superannuation schemes as respects civil servants, etc), after
5subsection (4) there is inserted—

“(4A) This section also applies to persons serving in employment or in an
office, not being service in employment or in an office of a kind
mentioned in subsection (4), where the employment or office is
specified in a list produced for the purposes of this subsection (see
10section 1A).”

3 After section 1 there is inserted—

“1A List of employments and offices for purposes of section 1(4A)

(1) The Minister may specify an employment or office in a list produced
for the purposes of section 1(4A) if subsection (2), (3) or (4) applies in
15relation to the employment or office.

(2) This subsection applies to an employment or office if—

(a) at any time on or after the commencement of this section, the
employment or office ceases to be of a kind mentioned in
section 1(4), and

(b) 20immediately before that time persons serving in the
employment or office are, or are eligible to be, members of a
scheme under section 1 by virtue of section 1(4).

(3) This subsection applies to an employment or office if—

(a) at any time before the commencement of this section, the
25employment or office ceased to be of a kind mentioned in
section 1(4), and

(b) at that time persons serving in the employment or office
ceased to be members of a scheme under section 1 or to be
eligible for membership of such a scheme.

(4) 30This subsection applies to an employment or office if—

(a) it is of a description prescribed by regulations, and

(b) the Minister determines that it is appropriate for it to be
specified for the purposes of section 1(4A).

(5) The power to specify an employment or office in reliance on
35subsection (4) may be exercised so as to have retrospective effect.

(6) The Minister—

(a) may at any time amend a list produced under this section,
and

(b) must publish the list (and any amendments to it).

(7) 40The published list must comply with such requirements, and contain
such information, as may be prescribed by regulations.

(8) Regulations made under this section must be made by the Minister
by statutory instrument; and an instrument containing such

regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.”

Section 30(1)

SCHEDULE 10 Public bodies whose pension schemes must be restricted

1 5Arts and Humanities Research Council.

2 Biotechnology and Biological Sciences Research Council.

3 Civil Nuclear Police Authority.

4 Commissioners of Irish Lights.

5 Economic and Social Research Council.

6 10Engineering and Physical Sciences Research Council.

7 Natural Environment Research Council.

8 Commissioners of Northern Lighthouses.

9 Science and Technology Facilities Council.

10 Secret Intelligence Service.

11 15Security Service.

12 Technology Strategy Board.

13 Trinity House Lighthouse Service.

14 United Kingdom Atomic Energy Authority.

Section 32

SCHEDULE 11 20Prime Minister, Lord Chancellor and Commons Speaker

Extension of MPs’ and Ministerial pension schemes

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

(2) Paragraph 12(2) to (5) (exclusion from MPs’ scheme of persons with service
25as Lord Chancellor, Prime Minister or Commons Speaker) is repealed.

(3) In paragraph 16 (Ministers’ etc pension scheme)—

(a) in sub-paragraph (2), after paragraph (b) there is inserted—

“(ba) Lord Chancellor,

(bb) Speaker of the House of Commons,”;

(b) 30sub-paragraph (3) (exclusion from scheme of persons with service as
Lord Chancellor, Prime Minister or Commons Speaker) is repealed.

2 In section 4 of the Ministerial and other Pensions and Salaries Act 1991
(grants to persons ceasing to hold ministerial and other offices), in
subsection (6)—

(a) in paragraph (a), “, other than that of Prime Minister and First Lord
5of the Treasury,” is repealed;

(b) after paragraph (ba) there is inserted—

“(bb) the office of Lord Chancellor;

(bc) the office of Speaker of the House of Commons;”.

Lord Chancellor’s salary

3 (1) 10The Ministerial and other Salaries Act 1975 is amended as follows.

(2) In section 1 (salaries), in subsection (2), for the words from “at such rate” to
the end there is substituted “of—

“(a) £68,827, where the Lord Chancellor is a member of the House
of Commons;

(b) 15otherwise, £101,038.”

(3) In that section, after subsection (5) there is inserted—

“(6) Where a person who holds office as Lord Chancellor (and to whom
a salary is accordingly payable under subsection (2)) is also the
holder of one or more other offices in respect of which a salary is
20payable under this section, he shall only be entitled to one of those
salaries.

(7) If, in the case of a person mentioned in subsection (6), there is a
difference between the salaries payable in respect of the offices held
by him, the office in respect of which a salary is payable to him shall
25be that in respect of which the highest salary is payable.”

(4) In section 1A (alteration of salaries), in subsection (1), after “section 1(1),”
insert “(2)(a) or (b),”.

Closure of existing arrangements

4 The Lord Chancellor’s Pension Act 1832 is repealed.

5 30Sections 26 to 28 of the Parliamentary and other Pensions Act 1972 (pensions
of Prime Minister, Commons Speaker and Lord Chancellor etc) are repealed.

6 In the Judicial Pensions Act 1981—

(a) in section 16 (application and interpretation of Part 2 of Act), in the
Table, the entry relating to the office of Lord Chancellor is repealed;

(b) 35section 26 (references to retirement, in relation to Lord Chancellor, to
be read as resignation from office) is repealed.

7 The provisions listed in the following table (which includes spent
provisions) are repealed—

Saving and transitional

8 (1) Subject to sub-paragraph (2), this Schedule does not have effect in relation to
any term of service as Prime Minister and First Lord of the Treasury, Lord
Chancellor, or Speaker of the House of Commons beginning before the day
5on which section 32 comes into force.

(2) In relation to a term of service as Lord Chancellor beginning on or after 4
September 2012 (but before the day on which section 30 comes into force),
the amendments made by paragraph 1 have effect from—

(a) the day on which section 32 comes into force, or

(b) 10if later, the day after that on which the term of service ceases.