Session 2013-14
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Pensions Bill
list of Amendments
to be moved
On Report
The amendments have been marshalled in accordance with the Order of 11th February 2014, as follows—
Clauses 1 to 5 Schedules 1 and 2 Clauses 6 and 7 Schedules 3 and 4 Clauses 8 and 9 Schedule 5 Clauses 10 and 11 Schedule 6 Clause 12 Schedule 7 Clause 13 Schedules 8 and 9 Clause 14 Schedule 10 Clause 15 Schedule 11 Clauses 16 to 23 | Schedule 12 Clause 24 Schedules 13 and 14 Clause 25 Schedule 15 Clauses 26 to 31 Schedule 16 Clauses 32 and 33 Schedule 17 Clauses 34 to 43 Schedule 18 Clauses 44 and 45 Schedule 19 Clauses 46 to 49 Schedule 20 Clauses 50 to 56 |
[Amendments marked * are new or have been altered]
Clause 2
BARONESS HOLLIS OF HEIGHAM
BARONESS DRAKE
Page 2, line 7, at end insert—
“( ) Regulations may provide for circumstances in which a person may opt to
have a year treated as a qualifying year if by aggregating income from two
or more jobs, that person’s earnings are equal to or greater than the lower
earnings level for that year.”
BARONESS HOLLIS OF HEIGHAM
Page 2, line 13, at end insert—
“( ) A person is not entitled to bereavement support payment and is exempt
from work conditionality as specified in section 30(1A), if he or she has
reached pensionable age.”
After Clause 2
BARONESS HOLLIS OF HEIGHAM
LORD MCKENZIE OF LUTON
Insert the following new Clause—
(1) The Secretary of State may by regulation introduce arrangements for the
periodic notification to individuals of their entitlement to request a pension
statement.
(2) Such regulations shall not require the provision of such notification before
a person has reached the age of 45 nor, subject to subsection (3) below, more
frequently than once every five years.
(3) Such regulations shall require notification of entitlement to receive a
pension statement in the penultimate year before a person reaches state
pension age.”
Schedule 1
LORD FREUD
Page 31, line 34, at end insert—
“( ) Where regulations under section 22(5ZA) of the Contributions and
Benefits Act have the effect that a person is credited, on or after 6 April
2016, with earnings or contributions for a tax year starting before that
date, the earnings or contributions are to be treated for the purposes of
calculating the rate under this paragraph as having been credited before
6 April 2016.”
Clause 14
BARONESS TURNER OF CAMDEN
Leave out Clause 14
Clause 17
BARONESS HOLLIS OF HEIGHAM
LORD MCKENZIE OF LUTON
Page 8, line 31, at end insert—
“( ) The weekly rate is not to be increased under subsection (1) if a person has
opted to receive a lump sum.
( ) The amount of any lump sum to which a person who has deferred
entitlement to a state pension shall be set out in regulations.”
Clause 23
LORD MCKENZIE OF LUTON
Page 11, line 30, at end insert—
“( ) Before the provisions contained in paragraphs 83 to 86 of Schedule 12 come
into effect, the Secretary of State shall report to Parliament on possible
alternative arrangements for access to the Cold Weather Payment
programme currently available to recipients of pensions credit.”
Schedule 12
LORD FREUD
Page 51, line 37, at end insert—
“In section 1 (outline of contributory system), in subsection (1)(a), after
“this Act” insert “or any other Act”.
In section 13 (Class 3 contributions), in subsection (2), omit
“contribution”.
After section 19A insert—
“19B Extended meaning of “benefit” etc in Part 1
In this Part references to “benefit” or “contributory benefit”
include benefit under Part 1 of the Pensions Act 2014.””
Page 52, line 17, at end insert—
“(5ZB) Regulations under subsection (5ZA) must provide for crediting a
person with such contributions as may be specified in respect of
periods on or after 6 April 1975 during which the person was—
(a) a spouse or civil partner of a member of Her Majesty’s
forces,
(b) accompanying the member on an assignment outside the
United Kingdom, and
(c) not of a description specified in the regulations.”
Page 52, line 17, at end insert—
“In section 122(1) (interpretation), in the definition of “benefit”, after
paragraph (c) insert—
“(For the meaning of “benefit” in Part 1, see also section 19B)”.”
Clause 24
LORD WHITTY
Page 11, line 38, at end insert—
“( ) The power conferred by subsection (2) on employers to amend
occupational pension schemes does not override the powers and duties of
Trustees of such schemes nor any duty to consult members of such schemes
and their representatives in accordance with the terms of such schemes.”
Page 11, line 40, leave out from “members” to end of line 41 and insert—
“( ) No amendment made to an occupational pension scheme under subsection
(2) or under Schedule 14 shall affect the benefits of members of the
occupational pension scheme accrued up to the point where subsection (2)
is triggered.”
BARONESS TURNER OF CAMDEN
Page 11, line 41, at end insert—
“( ) This power may not be used to restrict benefits of members or future
members without the agreement of current members ascertained as a result
of a poll of current members.”
LORD FREUD
Page 11, line 42, leave out subsection (4) and insert—
“(4) The power may not be used—
(a) to make amendments that apply to a member who is a protected
person in relation to a scheme, or
(b) to amend a public service pension scheme or a scheme of a
description specified in regulations under this paragraph.
(5) Regulations must define what is meant by a protected person in relation to
a scheme for the purposes of subsection (4)(a).”
Schedule 14
BARONESS TURNER OF CAMDEN
Leave out Schedule 14
Clause 27
BARONESS TURNER OF CAMDEN
Page 13, line 29, leave out from “to” to “and” in line 30 and insert “the type of work
undertaken and the degree to which this may impact on health and life
expectancy”
BARONESS SHERLOCK
LORD BROWNE OF LADYTON
Page 14, line 10, leave out subsection (5) and insert—
“(5) The Secretary of State must, for the purposes of a review, appoint a panel
of persons to prepare a report for the Secretary of State on other specified
factors relevant to the review.
(5A) The panel shall include—
(a) representatives of the party or parties in opposition at the time;
(b) representatives of trade unions; and
(c) representatives of cross bench members of the House of Lords.
(5B) The panel shall take evidence by way of evidence sessions to be held in
public, and shall have power to determine its own terms of reference for
evidence taking, subject to subsection (5C).
(5C) The report shall include matters such as disparities in lifespan and healthy
life expectancy by region, gender, occupation and socio-economic class,
type of work undertaken, alternative methods of measuring life
expectancy, and the impact of life expectancy on the labour market.”
Clause 30
BARONESS FINLAY OF LLANDAFF
Page 15, line 18, at end insert—
“( ) In the case of a person who is pregnant or entitled to child benefit, the
regulations must provide for the allowance to be payable—
(a) for a period of at least 3 years, and
(b) until the youngest child of that person at the time of the death has
reached the age of 7 years,
whichever is the longer period.”
Page 15, line 18, at end insert—
“( ) In the case of a person who is pregnant or entitled to child benefit, the
regulations must provide for the allowance to be payable for a period of at
least 3 years.”
Page 15, line 18, at end insert—
“(1A) In the event that both parents die, the guardian of the surviving children
under 18 years of age shall be eligible for the bereavement support
payment that would have been paid to a surviving parent.
(1B) The changes to the bereavement support payment do not affect the
guardian’s allowance.
(1C) The changes to the bereavement support payment do not affect child
benefit.”
BARONESS HOLLIS OF HEIGHAM
Page 15, line 18, at end insert—
“(1A) The Secretary of State may by regulation and within the overall budget for
bereavement support payment exempt any widowed parent from work
conditionality while in receipt of said payment.”
After Clause 30
BARONESS HOLLIS OF HEIGHAM
LORD MCKENZIE OF LUTON
Insert the following new Clause—
Notwithstanding sections 28 and 29 above, any recipient of pension credit
may from the age of 75 years have his or her assessed income period set for
an indefinite period.”
Clause 33
BARONESS SHERLOCK
BARONESS DRAKE
Page 16, line 37, leave out “of which the person is an active member”
Clause 38
LORD FREUD
Page 19, line 12, at end insert—
“( ) But the regulations may not provide for an exception for employers
of a particular size.”
Clause 43
LORD FREUD
Page 24, line 2, leave out “work-based”
Page 24, line 4, leave out “work-based”
After Clause 43
LORD LAWSON OF BLABY
LORD BROWNE OF LADYTON
BARONESS SHERLOCK
Insert the following new Clause—
information
The Secretary of State shall by regulations make provision to require
disclosure at least annually of such management and transaction charges
incurred by the administration and management of each investment
portfolio managed by or on behalf of a work-based scheme as the Secretary
of State determines should be so disclosed.”
Insert the following new Clause—
information (No. 2)
(1) The Secretary of State shall by regulations make provision to require
disclosure at least annually of the management and transaction charges
incurred by the administration and management of each investment
portfolio managed by or on behalf of a work-based scheme.
(2) Regulations made under this section may, inter alia, provide for the
disclosure of—
(a) fees and performance fees paid to investment managers,
(b) commissions and bid-offer spreads paid to brokers,
(c) bid-offer spreads paid to foreign exchange counterparties,
(d) fees, revenue splits and bid-offer spreads paid to custodian banks,
(e) fees paid to in-house or third party scheme administrators,
(f) fees paid to professional advisors (e.g. actuaries, legal advisers,
auditors, investment consultants etc.),
(g) initial charges, bid-offer spreads, exit charges, other fees and
rebates charged on investments in pooled funds, and
(h) any other management and transaction charges that the Secretary
of State from time to time considers appropriate.”
Schedule 18
LORD BROWNE OF LADYTON
LORD TURNER OF ECCHINSWELL
BARONESS DRAKE
Page 103, line 40, at end insert—
“(1A) The Secretary of State must lay before Parliament regulations to restrict
such charges as soon as reasonably practicable and no later than 30th
April 2015.”
LORD FREUD
Page 104, line 24, leave out “work-based”
Page 104, line 42, leave out “work-based”
Schedule 20
LORD FREUD
Page 108, line 37, at end insert—
“( ) A person credited with a length of notional pensionable service
because of pension credit rights is to be treated for the purposes
of this paragraph as having pensionable service of that length (in
addition to any pensionable service that the person is treated as
having under sub-paragraph (8)).”
Page 109, line 6, at end insert—
“(9A) Where a person becomes entitled to relevant compensation in
respect of benefits under two or more connected occupational
pension schemes at the same time, this paragraph applies in
relation to the relevant compensation in respect of each benefit as
if—
(a) a reference to the length of the person’s pensionable
service were a reference to the total length of the person’s
pensionable service under all of the schemes (ignoring
any period of overlap), and
(b) sub-paragraphs (8) and (9) apply for the purposes of
working out the length of the person’s pensionable
service in respect of each scheme as if a reference to the
admissible rules were to the admissible rules of that
scheme.”
Page 109, line 6, at end insert—
“(9B) When applying this paragraph in relation to relevant
compensation in respect of a benefit, ignore any pensionable
service that relates to a benefit that is not from the same source.
(9C) For the purposes of sub-paragraph (9B)—
(a) benefits attributable to a person’s pensionable service
under a scheme are from the same source as benefits
attributable to the person’s pensionable service under
that or a connected occupational pension scheme,
(b) benefits under a scheme which are attributable to a
pension credit from a transferor are from the same source
as benefits under that or a connected occupational
pension scheme which are attributable to a pension credit
from the same transferor, and
(c) benefits are not otherwise from the same source.”
Page 109, line 13, at end insert—
“( ) In paragraph 24(2), at the end insert “of the periodic compensation at
that time”.”
Page 109, line 16, at end insert—
“In paragraph 18(2) of Schedule 5 to the Pensions Act 2008, for “the
compensation cap” to the end substitute “a modified version of the
compensation cap in paragraph 26A of Schedule 7 to the Pensions Act
2004”.”
Page 111, line 37, leave out “sections 127(2)(a) and 128(2)(a) of the Pensions Act
2004” and insert “the following”
Page 111, line 40, leave out “that Act.” and insert “the Pensions Act 2004—
(a) any provision in which the definition of “protected liabilities” in
section 131 of that Act applies, and
(b) any provision in which the definition of “protected benefits
quotation” in section 151(8) of that Act applies.”
Page 113, line 3, at end insert—
(1) In relation to a case involving multiple benefits, transitional provision
made by order under section 55(8) may, in particular—
(a) disapply or modify any provision of this Schedule;
(b) make provision similar to any provision of this Schedule.
(2) For these purposes, “a case involving multiple benefits” means a case
mentioned in paragraph 26(9) of Schedule 7 to the Pensions Act 2004.”
Page 113, line 3, at end insert—
(1) Transitional provision made by order under section 55(8) may, in
particular, make provision in relation to compensation payable under
Chapter 1 of Part 3 of the Pensions Act 2008 (compensation sharing on
divorce etc) that is similar to any provision of Part 3 of this Schedule.
(2) Regulations under paragraph 18 of Schedule 5 to the Pensions Act 2008
which restrict an amount payable to a person in any period by reference
to a modified version of the compensation cap in paragraph 26A of
Schedule 7 to the Pensions Act 2004 (inserted by Part 1 of this Schedule)
may also make provision similar to any provision of Part 3 of this
Schedule.”
Clause 50
LORD FREUD
Page 27, line 16, at end insert—
“(8) Regulations under paragraph 26(9) of Schedule 7 to the Pensions Act 2004
(modifications for cases where compensation becomes payable on different
occasions) made in consequence of this section may be made with
retrospective effect.”
Clause 53
LORD LAWSON OF BLABY
LORD BROWNE OF LADYTON
BARONESS SHERLOCK
Page 28, line 5, at end insert—
“( ) regulations under section (Work-based schemes: requirements for
disclosure of charges and other information),
Page 28, line 5, at end insert—
“( ) regulations under section (Work-based schemes: requirements for
disclosure of charges and other information No. 2),