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Public Service Pensions BillPage 10

16 Records

(1) The scheme manager for a scheme under section 1 and any statutory pension
scheme that is connected with it must keep such records as may be specified in
regulations made by the Secretary of State.

(2) 5Regulations under this section are subject to the negative procedure.

17 Regulatory oversight

(1) Schedule 4 (regulatory oversight) contains provision relating to the regulation
of schemes under section 1, new public body pension schemes and connected
schemes.

(2) 10The Secretary of State may by order make—

(a) provision consequential on Schedule 4, and

(b) further provision for, or in connection with, the regulation of public
service pension schemes within the meaning of the Pensions Act 2004
(as amended by that Schedule).

(3) 15The provision referred to in subsection (2) includes provision made by
amending any legislation (including this Act).

(4) An order under this section may make different provision for different
purposes.

(5) An order under this section is subject to—

(a) 20the affirmative procedure, if it amends primary legislation, and

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

Transitional

18 Restriction of existing pension schemes

(1) No benefits are to be provided under an existing scheme to or in respect of a
25person in relation to the person’s service after the closing date.

(2) In this Act “existing scheme” means a scheme listed in Schedule 5 (whether
made before or after this section comes into force).

(3) Subsection (1) does not apply—

(a) in relation to an existing scheme which is a defined contributions
30scheme;

(b) to benefits excepted by Schedule 5 (injury and compensation benefits).

(4) The closing date is—

(a) 31 March 2014 for an existing scheme which is a relevant local
government scheme, and

(b) 3531 March 2015 in any other case.

This is subject to subsection (7).

(5) Scheme regulations may provide for exceptions to subsection (1) in the case
of—

(a) persons who were members of an existing scheme, or who were eligible
40to be members of such a scheme, immediately before 1 April 2012, and

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(b) such other persons as the regulations may specify, being persons who
before that date had ceased to be members of an existing scheme or to
be eligible for membership of such a scheme.

(6) Exceptions under subsection (5) may, in particular, be framed by reference to
5the satisfaction of a specified condition (for example, the attainment of normal
pension age under the existing scheme or another specified age) before a
specified date.

(7) Where an exception to subsection (1) is framed by reference to the satisfaction
of a specified condition before a specified date, scheme regulations may also
10provide for a different closing date for persons in whose case the condition—

(a) is not satisfied before the specified date, but

(b) is satisfied no more than 4 years after that date.

(8) Provision made under subsection (5) or (7) may in particular be made by
amending the relevant existing scheme.

(9) 15In subsection (1), the reference to benefits in relation to a person’s service
includes benefits relating to the person’s death in service.

(10) In subsection (4), “relevant local government scheme” means regulations
under section 7 of the Superannuation Act 1972 which relate to persons in
England and Wales.

19 20Closure of existing injury and compensation schemes

(1) Scheme regulations for a scheme under section 1 may secure that no benefits
are to be provided under a scheme listed in Schedule 6 that is connected with it.

(2) Where Schedule 6 specifies particular benefits in relation to a scheme, the
power under subsection (1) is exercisable only in relation to those benefits.

(3) 25Scheme regulations may provide for exceptions to subsection (1).

(4) Provision made under this section may in particular be made by amending the
connected scheme.

20 Final salary link

Schedule 7 contains provision for a “final salary link” in relation to schemes to
30which section 18(1) applies (and see section 31(14)).

Procedure for scheme regulations

21 Consultation

(1) Before making scheme regulations the responsible authority must consult such
persons (or representatives of such persons) as appear to the authority likely to
35be affected by them.

(2) The responsible authority must publish a statement indicating the persons that
the authority would normally expect to consult under subsection (1) (and keep
the statement up-to-date).

(3) Subsection (1) may be satisfied by consultation before, as well as by
40consultation after, the coming into force of this section.

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22 Procedure for protected elements

(1) This section applies where, after the coming into force of scheme regulations
establishing a scheme under section 1, the responsible authority proposes to
make further scheme regulations containing provision changing the protected
5elements of the scheme within the protected period.

(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) 10The 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) The report under subsection (2)(b) must set out why the responsible authority
proposes to make the regulations, having regard to the desirability of not
15making a change to the protected elements of a scheme under section 1 within
the protected period.

(5) In this section—

(6) In this section, references to a change to the protected elements do not include
a change appearing to the responsible authority to be required by or
consequential upon section 12 (employer cost cap).

(7) 35In a case where this section applies, there is no requirement to consult under
section 21(1).

23 Procedure for retrospective provision

(1) Where the responsible authority proposes to make scheme regulations
containing retrospective provision which appears to the authority to have
40significant 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) 45not to have significant adverse effects as specified in subsection (1), but

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(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
5view 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
10a 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).

24 Other procedure

(1) Scheme regulations are subject to the affirmative procedure if—

(a) 15they amend primary legislation,

(b) section 23(1) or (2) (procedure for retrospective provision having
significant adverse effects) applies, 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
20regulations to be minor or wholly beneficial.

(2) Scheme regulations are subject to the negative procedure in any other case.

(3) If scheme regulations otherwise subject to the negative procedure are
combined with scheme regulations subject to the affirmative procedure, the
combined regulations are subject to the affirmative procedure.

25New schemes: supplementary

25 Extension of schemes

(1) Scheme regulations for a scheme under section 1 may make provision for the
payment of pensions and other benefits to or in respect of—

(a) persons who are specified in section 1(2), but

(b) 30in relation to whom the responsible authority could not otherwise
make a scheme under section 1.

(2) Scheme regulations for a scheme under section 1 may make provision to deem
persons of any description to fall within a given description of persons
specified in section 1(2).

(3) 35Scheme regulations for a scheme under section 1 may specify persons, not
being persons specified in section 1(2), as persons to whom the scheme may
potentially relate.

(4) The persons specified under subsection (3) may be any persons (other than
persons specified in section 1(2)) that the responsible authority considers
40appropriate.

(5) The responsible authority may then at any time determine that the scheme is
to relate to some or all of those persons.

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(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
5determination).

(7) Subsection (6) is subject to—

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

(b) a direction under subsection (8).

(8) Scheme regulations made under subsection (2) or (3) in relation to any persons
10may 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
15those 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,
20and

(ii) the organisational structures of their employers.

(9) The responsible authority for a scheme under section 1 must publish a list of
the persons to whom the scheme relates by virtue of determinations under
subsection (5) (and keep the published list up-to-date).

(10) 25A determination under subsection (5) may have retrospective effect.

(11) 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 (9) to the scheme managers, subject to such conditions
as the responsible authority considers appropriate.

26 30Non-scheme benefits

(1) The scheme manager or employer for a scheme under section 1 may make such
payments as the scheme manager or employer considers appropriate towards
the provision, otherwise than by virtue of the scheme, of pensions and other
benefits to or in respect of—

(a) 35persons 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.

(2) 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
40under that subsection.

27 Consequential and minor amendments

Schedule 8 contains consequential and minor amendments.

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Existing schemes: supplementary

28 Existing local government schemes

(1) This section applies in relation to regulations under section 7 of the
Superannuation Act 1972 which relate to persons in England and Wales which
5are in force immediately before the coming into force of this section.

(2) To the extent that—

(a) such regulations make provision for the payment of pensions and other
benefits to or in respect of a person in relation to the person’s service on
or after 1 April 2014, and

(b) 10that provision could be made under scheme regulations,

the regulations are to have effect as if they were scheme regulations relating to
local government workers in England and Wales.

(3) Accordingly, to that extent a scheme under such regulations is to have effect as
a scheme under section 1.

29 15Existing schemes for civil servants: extension of access

Schedule 9 amends the Superannuation Act 1972 so as to extend access to
schemes under section 1 of that Act (schemes as respects civil servants, etc).

Public body pension schemes

30 New public body pension schemes

(1) 20The following provisions of this Act apply in relation to a new public body
pension scheme (and any statutory pension scheme that is connected with it)
as to a scheme under section 1 (and any connected scheme)—

(a) section 3(1) and (2) and Schedule 3 (scheme regulations);

(b) section 4 (scheme manager);

(c) 25sections 5 and 6 (pension board), if the scheme has more than one
member;

(d) sections 8 to 10 (scheme design);

(e) sections 11 and 12 (cost control);

(f) sections 14 to 16 (information and records).

(2) 30For the purposes of subsection (1), the provisions referred to in that subsection
are to be read with the following modifications—

(a) references to scheme regulations are to be read as references to the rules
of the scheme;

(b) references to the responsible authority are to be read as references to the
35public authority which established the scheme.

(3) A new public body pension scheme, and any variation to the rules of the
scheme, requires the consent of the Treasury.

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

(5) 40In this Act—

31 Restriction of certain existing public body pension schemes

(1) This section applies to a public body pension scheme which relates to members
or staff of a body, or the holder of an office, listed in Schedule 10.

(2) 10The public authority responsible for the scheme must make provision to secure
that no benefits are provided under the scheme to or in respect of a person in
relation to the person’s service after a date determined by the authority.

(3) Subsection (2) does not apply—

(a) in relation to a public body pension scheme which is a defined
15contributions scheme, or

(b) to injury or compensation benefits.

(4) The public authority responsible for a scheme to which subsection (2) applies
may provide for exceptions to the provision made under subsection (2) and
section 18(6) and (7) apply in relation to any such exceptions (reading
20references to scheme regulations as references to rules of the scheme).

(5) Provision made under subsection (2) or (4) may in particular be made by
amending the public body pension scheme.

(6) In subsection (2), the reference to benefits in relation to a person’s service
includes benefits relating to the person’s death in service.

(7) 25If any of the persons to whom a scheme to which subsection (2) applies relates
are not eligible for membership of a scheme under section 1, the public
authority responsible for the scheme may establish a new scheme for the
payment of pensions or other benefits to or in respect of those persons (and see
section 30).

(8) 30Where a scheme to which subsection (2) applies was established in exercise of
a statutory function or other power, the function or power may not be
exercised again so as to establish a new defined benefits scheme in relation to
the body or office.

(9) In the case of a scheme established by deed of trust, subsections (2) and (4)
35apply irrespective of the provisions of the deed or the law relating to trusts.

(10) A Treasury order may amend Schedule 10 so as to—

(a) remove any body or office specified there;

(b) add any body or office to it (by name or description),

but may not add a devolved body or office.

(11) 40A Treasury order under subsection (10) may make consequential or
supplementary provision, including in particular provision made by
amending any legislation.

(12) A Treasury order under subsection (10) is subject to the negative procedure.

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(13) It is immaterial for the purposes of subsection (1) whether a scheme is made
before or after the coming into force of this section.

(14) Schedule 7 contains provision for a “final salary link” in relation to schemes to
which subsection (2) applies.

32 5Existing public body pension schemes: pension age

(1) A public body pension scheme established before the coming into force of this
section may include—

(a) provision securing that the normal and deferred pension age of a
person under the scheme is—

(i) 10the same as the person’s state pension age, or

(ii) 65, if that is higher, and

(b) provision securing that changes in the person’s normal or deferred
pension age occurring in consequence of provision under paragraph (a)
apply in relation to relevant accrued benefits (as well as other benefits).

(2) 15In subsection (1)(b) “relevant accrued benefits”, in relation to a person and a
scheme, means benefits accrued after the coming into force of the provision
under subsection (1) which may be paid to or in respect of the person under the
scheme and to which the normal or deferred pension age is relevant.

(3) This section does not apply to a public body pension scheme which relates to a
20devolved body or office.

Parliamentary and other pension schemes

33 Great offices of state

Schedule 11 makes provision about pension arrangements for the offices of—

(a) Prime Minister and First Lord of the Treasury,

(b) 25Lord Chancellor, and

(c) Speaker of the House of Commons.

34 Parliamentary and other pension schemes: pension age

In Schedule 6 to the Constitutional Reform and Governance Act 2010
(Parliamentary and other pensions), after paragraph 29 there is inserted—

30Pension age

29A (1) Where the scheme provides for the normal or deferred pension age
of a person under the scheme to be the same as the person’s state
pension age, provision for a change in the person’s normal or
deferred pension age in consequence of such provision to apply in
35relation to relevant accrued benefits (as well as other benefits).

(2) Accordingly, paragraph 19(2) (protection of accrued rights) is to be
disregarded in relation to any such provision.

(3) In this paragraph—

(a) “normal pension age”, in relation to a person and a scheme,
40means the earliest age at which a person with relevant service

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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) 5“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
10provision as to early payment of benefits on the grounds of
ill-health or otherwise);

(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;

(d) 15“relevant accrued benefits”, in relation to a scheme, means
benefits accrued after the coming into force of provision
under sub-paragraph (1) which may be paid to or in respect
of the person under the scheme and to which the normal or
deferred pension age is relevant.

35 20Members of the European Parliament

In section 4 of the European Parliament (Pay and Pensions) Act 1979 (pensions
of MEPs), after subsection (3A) there is inserted—

(3B) Where a scheme under this section provides for the normal or deferred
pension age of a person under the scheme to be the same as the person’s
25state pension age, the scheme may make provision for a change in the
person’s normal or deferred pension age in consequence of such
provision to apply in relation to relevant accrued benefits (as well as
other benefits).

(3C) In subsection (3B)—

(a) 30“normal pension age”, in relation to a person and a scheme,
means the earliest age at which a person with service as a
Representative is entitled to receive benefits (without actuarial
adjustment) on ceasing service as a Representative (and
disregarding any special provision as to early payment of
35benefits 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 service as a
Representative is entitled to receive benefits under the scheme
(without actuarial adjustment) after ceasing service as a
40Representative 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);

(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
45the Pensions Act 1995;

(d) “relevant accrued benefits”, in relation to a scheme, means
benefits accrued after the coming into force of provision under
subsection (3B) which may be paid to or in respect of the person
under the scheme and to which the normal or deferred pension
50age is relevant.

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(3D) A scheme under this section may provide for any statutory provision
relating to any matter connected with the pensions payable to or in
respect of Members to have effect with respect to or in connection with
Representatives, with such additions, omissions, amendments or other
5modifications as may be specified in the scheme.

In this subsection “statutory provision” means any provision contained
in an Act or in any instrument made under an Act (including an Act or
instrument passed or made after the coming into force of this
subsection).

10General

36 General interpretation

In this Act—

37 25Regulations, orders and directions

(1) For the purposes of this Act any power of the Secretary of State, the Minister of
the Civil Service, the Treasury, the Lord Chancellor or the Welsh Ministers to
make regulations or an order is exercisable by statutory instrument.

(2) In this Act, the “affirmative procedure” means—

(a) 30in the case of regulations or an order of the Secretary of State, the
Minister for the Civil Service or the Lord Chancellor, that the
regulations or order may not be made unless a draft of the instrument
containing them or it has been laid before, and approved by resolution
of, each House of Parliament;

(b) 35in the case of regulations of the Welsh Ministers, that the regulations
may not be made unless a draft of the instrument containing them has
been laid before, and approved by resolution of, the National Assembly
for Wales.

(3)
In this Act, the “negative procedure” means—

(a) 40in the case of regulations or an order of the Secretary of State, the
Minister for the Civil Service, the Lord Chancellor or the Treasury, that
the instrument containing them or it is subject to annulment in
pursuance of a resolution of either House of Parliament;

(b) in the case of regulations or an order of the Welsh Ministers, that the
45instrument containing them or it is subject to annulment in pursuance
of a resolution of the National Assembly for Wales.

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(4) In this Act, the “negative Commons procedure”, in relation to Treasury
regulations or a Treasury order, means that the instrument containing them or
it is subject to annulment in pursuance of a resolution of the House of
Commons.

(5) 5For regulations and orders of the Scottish Ministers, see Part 2 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)2010 (asp 10).

(6) Treasury directions under this Act may be varied or revoked.

Final

38 Financial provision

(1) 10Scheme regulations may provide for any pension or other sum payable under
the regulations to or in respect of a person who has held an office specified in
Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 to be
charged on, and paid out of, the Consolidated Fund.

(2) There shall be paid out of money provided by Parliament—

(a) 15any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, and

(b) any increase attributable to this Act in the sums payable under or by
virtue of any other Act out of money so provided.

39 Extent

(1) 20An amendment or repeal in this Act has the same extent as the provision
amended or repealed.

(2) That aside, this Act extends to England and Wales, Scotland and Northern
Ireland.

40 Commencement

(1) 25The following provisions of this Act come into force on the day on which this
Act is passed—

(a) section 29 and Schedule 9 (existing schemes for civil servants: extension
of access);

(b) section 33 and Schedule 11 (great offices of state);

(c) 30sections 36 to 39, this section and section 41.

(2) The other provisions of this Act come into force on such day or days as may be
appointed by Treasury order.

(3) An order under subsection (2) may—

(a) appoint different days for different purposes;

(b) 35make transitional, transitory or saving provision.

41 Short title

This Act may be cited as the Public Service Pensions Act 2013.

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SCHEDULES

Section 1(3)

SCHEDULE 1 Persons in public service: definitions

Civil servants

1 5In this Act, “civil servants” means persons employed in the civil service of
the State (not including the civil service of Northern Ireland).

Judiciary

2 (1) In this Act, “the judiciary” means holders of an office specified in an order
made by—

(a) 10the 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.

(3) 15An order under this paragraph is subject to the negative procedure.

Local government workers

3 (1) In this Act, “local government workers” means persons employed in local
government service and specified in scheme regulations.

(2) In this paragraph, “local government service” means service specified in
20scheme regulations.

Teachers

4 In this Act, “teachers” includes persons who are employed otherwise than as
teachers—

(a) in a capacity connected with education which to a substantial extent
25involves the control or supervision of teachers, or

(b) in employment which involves the performance of duties in
connection with the provision of education or services ancillary to
education, and

who are specified in scheme regulations.

30Health service workers

5 (1) In this Act, “health service workers” means persons engaged in health
services and specified in scheme regulations.

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(2) In this paragraph, “health services” means services specified in scheme
regulations.

Fire and rescue workers

6 In this Act, “fire and rescue workers” means persons employed by—

(a) 5a fire and rescue authority in England or Wales,

(b) the Scottish Fire and Rescue Service, or

(c) the Defence Fire and Rescue Service.

Police forces

7 In this Act “members of a police force”—

(a) 10in relation to England and Wales, includes special constables and
police cadets;

(b) in relation to Scotland, means members of the Police Service of
Scotland and police cadets;

(c) includes members of the Ministry of Defence Police nominated
15under section 1 of the Ministry of Defence Police Act 1987.

Armed forces

8 In this Act, “the armed forces” means the naval, military and air forces of the
Crown.

Transitional provision

9 20In relation to a time before the coming into force of section 101 of the Police
and Fire Reform (Scotland) Act 2012 (asp 8)2012 (asp 8), the reference in paragraph 6(b)
to the Scottish Fire and Rescue Service is to be read as a reference to a
relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp
5)).

10 25In relation to a time before the coming into force of section 6 of the Police and
Fire Reform (Scotland) Act 2012, the reference in paragraph 7(b) to the Police
Service of Scotland is to be read as a reference to a police force within the
meaning of the Police (Scotland) Act 1967.

Section 2(1)

SCHEDULE 2 30Responsible authorities

Civil servants and judiciary

1 Scheme regulations for civil servants may be made by the Minister for the
Civil Service.

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

(2) 35Before 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.

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Local government workers

3 Scheme regulations for local government workers may be made by—

(a) the Secretary of State, in or as regards England and Wales;

(b) the Scottish Ministers, in or as regards Scotland.

5Teachers

4 Scheme regulations for teachers may be made by—

(a) the Secretary of State, in or as regards England and Wales;

(b) the Scottish Ministers, in or as regards Scotland.

Health service workers

5 10Scheme regulations for health service workers may be made by—

(a) the Secretary of State, in or as regards England and Wales;

(b) the Scottish Ministers, in or as regards Scotland.

Fire and rescue workers

6 Scheme regulations for fire and rescue workers may be made by—

(a) 15the Secretary of State, in or as regards England;

(b) the Welsh Ministers, in or as regards Wales;

(c) the Scottish Ministers, in or as regards Scotland.

Police forces

7 Scheme regulations for members of a police force may be made by—

(a) 20the Secretary of State, in or as regards England and Wales;

(b) the Scottish Ministers, in or as regards Scotland.

Armed forces

8 Scheme regulations for the armed forces may be made by the Secretary of
State.

Section 3(2)(a)

25SCHEDULE 3 Scope of scheme regulations: supplementary matters

1 Eligibility and admission to membership.

This includes—

(a) specifying who, of the persons in relation to whom the scheme
30regulations may be made, is eligible for membership;

(b) conditions of eligibility.

2 The benefits which must or may be paid under the scheme.

Those benefits may include—

(a) pensions and other benefits on leaving service to which the scheme
35relates (whether before, at or after normal pension age);

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(b) benefits payable on death (in service or otherwise);

(c) compensation payments (including for death, injury or redundancy);

(d) discretionary payments and concessions.

3 The persons to whom benefits under the scheme are payable.

5Those persons may include—

(a) active, deferred and pensioner members of the scheme;

(b) pension credit members of the scheme;

(c) widows, widowers, surviving civil partners and surviving
dependants.

4 10The conditions subject to which benefits are payable.

5 The assignment of benefits, including restrictions on assignment.

6 The forfeiture or suspension of benefits.

7 The recovery of overpaid benefits.

8 The exclusion of double recovery of compensation or damages.

15This includes—

(a) exclusion or modification of rights to compensation or damages in
respect of any matter in a case where benefits are paid under the
scheme in respect of the same matter;

(b) exclusion or modification of rights to benefits under the scheme
20where compensation or damages are received in respect of the same
matter from another source.

9 Contributions, including—

(a) the making of contributions by employers and members;

(b) contribution rates;

(c) 25interest on late payment of contributions;

(d) the return of contributions (with or without interest).

10 The payment or receipt of transfer values or other lump sum payments for
the purpose of creating or restoring rights to benefits (under the scheme or
otherwise).

11 30Pension funds (for schemes which have them).

This includes the administration, management and winding-up of any
pension funds.

12 The administration and management of the scheme, including—

(a) the giving of guidance or directions by the responsible authority to
35the scheme manager (where those persons are different);

(b) the person by whom benefits under the scheme are to be provided;

(c) the provision or publication of information about the scheme.

13 The delegation of functions under scheme regulations, including—

(a) delegation of functions by the scheme manager or responsible
40authority;

(b) further delegation of functions by any delegatee.

14 The payment by an employer of—

Public Service Pensions BillPage 27

(a) any costs relating to the administration of the scheme;

(b) any costs incurred because of a failure by the employer to comply
with the employer’s obligations under the scheme;

(c) interest relating to payments to be made by virtue of this paragraph.

15 5The resolution of disputes and appeals (including the referral to a court of
law of questions of law which under the scheme fall to be determined by the
responsible authority).

Section 17(1)

SCHEDULE 4 Regulatory oversight

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