Public Service Pensions Bill (HL Bill 86)

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

5 The Superannuation Act 1972 is amended as follows.

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

“(1A) 5Subsection (1) is subject to sections 18 and 19 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

7 In section 7 (superannuation of persons employed in local government
service, etc), after subsection (1) there is inserted—

“(1A) 10Subsection (1) is subject to sections 18 and 19 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

8 In section 9 (superannuation of teachers), after subsection (1) there is
inserted—

“(1A) 15Subsection (1) is subject to sections 18 and 19 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

9 In section 10 (superannuation of persons engaged in health services, etc),
after subsection (1) there is inserted—

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

10 In section 24 (compensation for loss of office, etc), after subsection (1) there
is inserted—

“(1A) 25Subsection (1) is subject to section 19 of the Public Service Pensions
Act 2013 (restrictions on benefits provided under existing schemes).”

Police Pensions Act 1976 (c. 35)Police Pensions Act 1976 (c. 35)

11 In section 1 of the Police Pensions Act 1976 (police pensions regulations),
after subsection (1) there is inserted—

“(1A) 30Subsection (1) is subject to sections 18 and 19 of the Public Service
Pensions Act 2013 (restrictions on benefits provided under existing
schemes).”

House of Commons (Administration) Act 1978 (c. 36)1978 (c. 36)

12 In section 2 of the House of Commons (Administration) Act 1978 (functions
35of House of Commons Commission), in subsection (3), after “kept in line
with the provisions of” there is inserted “, or provided under,”.

Judicial Pensions Act 1981 (c. 20)1981 (c. 20)

13 In the Judicial Pensions Act 1981, before section 29A there is inserted—

“29ZA Restriction of schemes under this Act

This Act is subject to sections 18 and 19 of the Public Service Pensions
5Act 2013 (restrictions on benefits provided under existing schemes).”

Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

14 In section 13 of the Local Government and Housing Act 1989 (voting rights
of members of certain committees), in subsection (4), after paragraph (fa)
there is inserted—

“(fb) 10a committee of a relevant authority which is the scheme
manager (or scheme manager and pension board) of a
scheme under section 1 of the Public Service Pensions Act
2013;”.

Judicial Pensions and Retirement Act 1993 (c. 8)1993 (c. 8)

15 15In section 1 of the Judicial Pensions and Retirement Act 1993, after
subsection (1) there is inserted—

“(1A) This Part is subject to section 18 of the Public Service Pensions Act
2013 (restrictions on benefits provided under existing schemes).”

16 In section 11 of that Act (provision against pensions under two or more
20judicial 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.”

Pension Schemes Act 1993 (c. 48)1993 (c. 48)

17 The Pension Schemes Act 1993 is amended as follows.

18 (1) 25Section 71 (short service benefit) is amended as follows.

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

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

“(5A) Subsection (3) does not apply in relation to a scheme under section 1
30of the Public Service Pensions Act 2013.”

19 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
read, in relation to a person who is an active or deferred member of
35a scheme under section 1 or 31(7) of the Public Service Pensions Act
2013, as—

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

(b) the member’s deferred pension age within the meaning of
40that 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.”

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

20 (1) 5Section 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) After that subsection there is inserted—

“(2) 10Where 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
out of that Fund.”

15Police Act 1996 (c. 16)1996 (c. 16)

21 The Police Act 1996 is amended as follows.

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

“(2ZA) Regulations under this section may not make any provision which
20may be made under section 1 of the Public Service Pensions Act 2013
(pensions etc) in relation to members of police forces.”

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

(2) In subsection (2)—

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

(b) 25paragraph (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) 30Subsection (3) is repealed.

24 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
35(pensions etc) in relation to police cadets.”

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

25 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)

  40the Public Service Pensions Act 2013;”.

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

26 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
5Pensions 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)

27 In section 1 of the Armed Forces (Pensions and Compensation) Act 2004
(pension and compensation schemes for the armed and reserve forces), after
10subsection (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)

28 15In 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 1, paragraph 2(1).

Schedule 2, paragraph 2”.

20Parliament (Joint Departments) Act 2007 (c. 16)2007 (c. 16)

29 In 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,”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

30 25In 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) 30was 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
35service scheme,

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.

(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
5the Superannuation Act 1972.”

Section 29

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
10subsection (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
15section 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
20relation 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) 25immediately 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
30employment 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) 35This 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
40subsection (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) The published list must comply with such requirements, and contain
5such 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 31(1)

10SCHEDULE 10 Public bodies whose pension schemes must be restricted

1 Arts and Humanities Research Council.

2 Biotechnology and Biological Sciences Research Council.

3 Civil Nuclear Police Authority.

4 15Commissioners of Irish Lights.

5 Economic and Social Research Council.

6 Engineering and Physical Sciences Research Council.

7 Natural Environment Research Council.

8 Commissioners of Northern Lighthouses.

9 20Science and Technology Facilities Council.

10 Secret Intelligence Service.

11 Security Service.

12 Technology Strategy Board.

13 Trinity House Lighthouse Service.

14 25United Kingdom Atomic Energy Authority.

Section 33

SCHEDULE 11 Prime 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
30(parliamentary and other pensions) is amended as follows.

(2) Paragraph 12(2) to (5) (exclusion from MPs’ scheme of persons with service
as 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) sub-paragraph (3) (exclusion from scheme of persons with service as
5Lord 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
10of 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) 15The 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) 20otherwise, £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
25payable 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
30be 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 35Sections 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) 40section 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
15Chancellor, or Speaker of the House of Commons beginning before the day
on which section 33 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 33 comes into force),
the amendments made by paragraph 1 have effect from—

(a) 20the day on which section 33 comes into force, or

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