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Pensions Bill (HL Bill 91)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Work and Pensions, are
published separately as HL Bill 55—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Freud has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Pensions Bill are compatible with the Convention
rights.

Contents

  1. Part 1

    State pension

    1. Introduction

      1. 1. State pension

    2. State pension at the full or reduced rate

      1. 2. Entitlement to state pension at full or reduced rate

      2. 3. Full and reduced rates of state pension

    3. State pension at the transitional rate

      1. 4. Entitlement to state pension at transitional rate

      2. 5. Transitional rate of state pension

      3. 6. Recalculation and backdating of transitional rate in special cases

    4. Transitional entitlement based on contributions of others

      1. 7. Survivor’s pension based on inheritance of additional old state pension

      2. 8. Choice of lump sum or survivor’s pension under section 9 in certain cases

      3. 9. Survivor’s pension based on inheritance of deferred old state pension

      4. 10. Inheritance of graduated retirement benefit

    5. Transition: women who have had a reduced rate election

      1. 11. Reduced rate elections: effect on section 4 pensions

      2. 12. Reduced rate elections: pension for women with no section 4 pension

    6. Transition: pension sharing on divorce etc

      1. 13. Shared state pension on divorce etc

      2. 14. Pension sharing: reduction in the sharer’s section 4 pension

      3. 15. Pension sharing: amendments

    7. Postponing or suspending state pension

      1. 16. Pensioner’s option to suspend state pension

      2. 17. Effect of pensioner postponing or suspending state pension

      3. 18. Section 17 supplementary: calculating weeks, overseas residents, etc

    8. Prisoners and overseas residents

      1. 19. Prisoners

      2. 20. Overseas residents

    9. Definitions

      1. 21. “Old state pension”

      2. 22. General definitions etc

    10. Consequential and other amendments

      1. 23. Amendments

      2. 24. Abolition of contracting-out for salary related schemes etc

  2. Part 2

    Option to boost old retirement pensions

    1. 25. Option to boost old retirement pensions

  3. Part 3

    Pensionable age

    1. 26. Increase in pensionable age to 67

    2. 27. Periodic review of rules about pensionable age

  4. Part 4

    State pension credit

    1. 28. State pension credit: phasing out assessed income periods

    2. 29. Preserving indefinite status of certain existing assessed income periods

  5. Part 5

    Bereavement support payment

    1. 30. Bereavement support payment

    2. 31. Bereavement support payment: contribution condition and amendments

    3. 32. Bereavement support payment: prisoners

  6. Part 6

    Private pensions

    1. Transfer of pension benefits

      1. 33. Automatic transfer of pension benefits etc

      2. 34. Power to prohibit offer of incentives to transfer pension rights

      3. 35. Expiry of power in section 34

      4. 36. Short service benefit for scheme member with money purchase benefits

    2. Automatic enrolment

      1. 37. Automatic re-enrolment: exceptions where automatic enrolment deferred

      2. 38. Automatic enrolment: powers to create general exceptions

      3. 39. Alternative quality requirements for UK defined benefits schemes

      4. 40. Automatic enrolment: transitional period for hybrid schemes

      5. 41. Penalty notices under sections 40 and 41 of the Pensions Act 2008 etc

      6. 42. Unpaid scheme contributions

    3. Other

      1. 43. Power to restrict charges or impose requirements in relation to schemes

      2. 44. Disclosure of information about transaction costs to members etc

      3. 45. Power to require pension levies to be paid in respect of past periods

      4. 46. Prohibition and suspension orders: directors of corporate trustees

      5. 47. Preparation of guidance for pensions illustrations

      6. 48. Pensions Regulator’s objectives

      7. 49. Maximum period between scheme returns to be 5 years for micro schemes

      8. 50. Pension Protection Fund: increased compensation cap for long service

      9. 51. Pension Protection Fund: compensation cap to apply separately to certain
        benefits

      10. 52. Public service pension schemes: transitional arrangements

  7. Part 7

    Final provisions

    1. 53. Power to make consequential amendments etc

    2. 54. Regulations and orders

    3. 55. Extent

    4. 56. Commencement

    5. 57. Short title

    1. Schedule 1

      Transitional rate of state pension: calculating the amount

      1. Part 1

        Introduction

      2. Part 2

        Amount for pre-commencement qualifying years

      3. Part 3

        Amount for post-commencement qualifying years

    2. Schedule 2

      Transitional rate of state pension: up-rating

    3. Schedule 3

      Survivor’s pension under section 7: inherited amount

    4. Schedule 4

      Survivor’s pension under section 7: up-rating

    5. Schedule 5

      Survivor’s pension under section 9: inherited deferral amount

    6. Schedule 6

      Reduced rate elections: effect on rate of section 4 pension

    7. Schedule 7

      Reduced rate elections: basic amount of state pension under
      section 12

    8. Schedule 8

      Pension sharing: appropriate weekly rate under section 13

    9. Schedule 9

      Pension sharing: up-rating state pension under section 13

    10. Schedule 10

      Pension sharing: appropriate weekly reduction under
      section 14

    11. Schedule 11

      Pension sharing: amendments

    12. Schedule 12

      State pension: amendments

      1. Part 1

        Amendments to do with new state pension system

      2. Part 2

        Amendments to do with old state pension system

      3. Part 3

        Amendments to do with state pension credit

      4. Part 4

        Other amendments to do with Part 1

    13. Schedule 13

      Abolition of contracting-out for salary related schemes

      1. Part 1

        Pension Schemes Act 1993: amendments

      2. Part 2

        Other Acts: amendments

    14. Schedule 14

      Power to amend schemes to reflect abolition of contracting-out

    15. Schedule 15

      Option to boost old retirement pensions

      1. Part 1

        Great Britain

      2. Part 2

        Northern Ireland

    16. Schedule 16

      Bereavement support payment: amendments

    17. Schedule 17

      Automatic transfer of pension benefits etc

      1. Part 1

        Automatic transfer of pension benefits

      2. Part 2

        Merger of pension accounts

      3. Part 3

        Interpretation etc

    18. Schedule 18

      Power to restrict charges or impose requirements in relation to
      schemes

    19. Schedule 19

      Prohibition orders: consequential amendments

    20. Schedule 20

      Pension Protection Fund: increased compensation cap for long
      service

      1. Part 1

        The new compensation cap

      2. Part 2

        Consequential amendments

      3. Part 3

        Effect of change in transitional cases

      4. Part 4

        Schemes undergoing assessment or winding up on the
        commencement date

      5. Part 5

        Interpretation and power to make further transitional
        provision

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