Public Service Pensions Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

Clause 3

LORD NEWBY

1*

Page 2, line 9, at end insert “in relation to the scheme or any provision of this Act”

Clause 9

LORD NEWBY

2*

Page 5, line 39, leave out “the negative Commons procedure” and insert “—

(a) the affirmative Commons procedure, if the order specifies a percentage decrease for the purposes of subsection (2), and

(b) the negative Commons procedure, in any other case.”

LORD EATWELL

LORD DAVIDSON OF GLEN CLOVA

3*

Page 5, line 39, leave out “negative” and insert “affirmative”

Clause 34

LORD NEWBY

4*

Page 18, line 13, at end insert “Part 1 of”

Clause 35

LORD NEWBY

5*

Page 18, line 44, after “in” insert “Part 1 of”

Clause 36

LORD NEWBY

6*

Page 19, line 13, leave out “has the meaning” and insert “and “the affirmative Commons procedure” have the meanings”.

Clause 37

LORD NEWBY

7*

Page 21, line 46, at end insert—

“( ) In this Act, the “affirmative Commons procedure”, in relation to a Treasury order, means that the order may not be made unless a draft of the instrument containing it has been laid before, and approved by resolution of, the House of Commons.”

Schedule 7

LORD NEWBY

8*

Page 37, line 29, leave out from “service” to end and insert “had the new scheme service been old scheme service”

9*

Page 38, line 16, leave out from “service” to end and insert “had the new scheme service been deemed transfer scheme service”

10*

Page 38, line 38, at end insert—

“Final salary link not to apply again to a pension in payment

5 (1) Scheme regulations may provide that where a pension in payment under a scheme to which section 18(1) or 31(2) applies has been calculated by reference to this Schedule, the pension cannot be recalculated by reference to this Schedule where there is a subsequent period of pensionable public service (within the meaning of paragraph 3).

(2) Provision made under sub-paragraph (1) may in particular be made by amending the scheme under which the pension is in payment.”

Schedule 8

LORD NEWBY

11*

Page 39, line 18, at end insert—

“3A After section 8 of the Pensions (Increase) Act 1971 there is inserted—

“8A Section 8(2): references to “service”

(1) In a case where—

(a) paragraph 1 or 2 of Schedule 7 to the 2013 Act (final salary link for persons who remain in old scheme for past service) applies in relation to a person, and

(b) the person’s final salary falls to be determined by reference to that paragraph,

references in section 8(2) above to the service in respect of which a pension is payable include the person’s new scheme service (within the meaning of Schedule 7 to the 2013 Act).

(2) In a case where—

(a) a person is a member of a relevant old scheme by virtue of pensionable service for that scheme (“the relevant old scheme service”),

(b) the person is also a member of a scheme under section 1 of the 2013 Act or a new public body pension scheme (“the new scheme”) by virtue of pensionable service for that scheme (“the new scheme service”),

(c) the relevant old scheme service and the new scheme service are continuous, and

(d) the person’s employer in relation to the relevant old scheme service is the person’s employer in relation to the new scheme service (or any other employer in relation to the new scheme),

references in section 8(2) above to the service in respect of which a pension is payable include the person’s new scheme service.

(3) In this section—

(a) “relevant old scheme” means a career average revalued earnings scheme (within the meaning of the 2013 Act) to which section 18(1) or 31(2) of that Act applies (restriction of benefits under existing schemes);

(b) “employer”, “new public body pension scheme” and “pensionable service” have the same meanings as in that Act.

(4) For the purposes of subsection (2)—

(a) paragraphs 3 and 4 of Schedule 7 to the 2013 Act (continuity of employment etc) apply as they apply for the purposes of paragraphs 1(2) and 2(2) of that Schedule;

(b) regulations under section 1 of the 2013 Act (in the case of a new scheme under that section) or rules (in the case of a new public body pension scheme) may provide that where a pension is in payment under a relevant old scheme, references in section 8(2) above to the service in respect of which a pension is payable do not include any subsequent period of pensionable service in relation to a scheme under section 1 of the 2013 Act or a new public body pension scheme.

(5) Provision made under subsection (4)(b) may in particular be made by amending the relevant old scheme.

(6) In this section, “the 2013 Act” means the Public Service Pensions Act 2013.””

12*

Page 44, line 27, leave out from “after” to end of line 39 and insert “sub-paragraph (11) there is inserted—

“(11A) Where an individual—

(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 by virtue of employment in the civil service of the State,

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

(11B) In sub-paragraph (11A)—”.”

Prepared 26th February 2013