Public Service Pensions and Judicial Offices Bill [HL] (HL Bill 44)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by HM Treasury, the Ministry of Justice and
the Ministry of Housing, Communities and Local Government, have been ordered to
be published as HL Bill 44—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Viscount Younger of Leckie has made the following statement under section 19(1)(a)
of the Human Rights Act 1998:

In my view the provisions of the Public Service Pensions and Judicial Offices Bill [HL]
are compatible with the Convention rights.

Contents

  1. Part 1

    Public service pension schemes

    1. Schemes other than judicial schemes and local government schemes

      1. Remediable service

        1. 1.Meaning of “remediable service”

      2. Retrospective provision about remediable service

        1. 2.Remediable service treated as pensionable under Chapter 1 legacy schemes

        2. 3.Benefits already paid

        3. 4.Meaning of “the relevant Chapter 1 legacy scheme” etc

        4. 5.Election for retrospective provision to apply to opted-out service

      3. Pensioner and deceased members: immediate choice of new scheme benefits

        1. 6.Immediate choice to receive new scheme benefits

        2. 7.Elections by virtue of section : timing and procedure

        3. 8.Power to deem election by virtue of section to have been made

      4. Active and deferred members: deferred choice of new scheme benefits

        1. 9.Deferred choice to receive new scheme benefits

        2. 10.Elections by virtue of section : timing and procedure

        3. 11.Power to deem election by virtue of section to have been made

      5. Pension benefits and contributions: corrections

        1. 12.Pension benefits and lump sum benefits: pensioner and deceased members

        2. 13.Pension contributions: pensioner and deceased members

        3. 14.Pension contributions: active and deferred members (immediate correction)

        4. 15.Pension contributions: active and deferred members (deferred correction)

        5. 16.Powers to reduce or waive liabilities

      6. Powers to make provision in relation to special cases

        1. 17.Pension credit members

        2. 18.Voluntary contributions

        3. 19.Transfers

        4. 20.Further powers to make provision about special cases

      7. Compensation

        1. 21.Power to pay compensation

        2. 22.Indirect compensation

      8. Further provision about corrections and compensation

        1. 23.Interest and process

        2. 24.Treasury directions

      9. Miscellaneous

        1. 25.Scheme rules that prohibit unauthorised payments

        2. 26.Remediable service statements

        3. 27.Section 61 of the Equality Act 2010 etc

      10. Immediate detriment cases

        1. 28.Application of Chapter to immediate detriment cases

        2. 29.Persons who have “benefited from an immediate detriment remedy”

      11. Interpretation

        1. 30.Meaning of “Chapter 1 scheme” etc

        2. 31.Meaning of “new scheme benefits”

        3. 32.Meaning of “legacy scheme contributions” and “new scheme contributions”

        4. 33.Meaning of “opted-out service”

        5. 34.Scheme regulations

        6. 35.Interpretation of Chapter

    2. Judicial schemes

      1. Remediable service

        1. 36.Meaning of “remediable service”

      2. Options exercise

        1. 37.Legacy scheme elections

        2. 38.Partnership pension account: requirement to transfer and surrender rights

        3. 39.Legacy scheme elections: effect

        4. 40.Meaning of “the relevant judicial legacy salaried scheme”

        5. 41.2015 scheme elections

        6. 42.2015 scheme elections: effect

        7. 43.Person by whom election is to be made

      3. Options exercise: further provision

        1. 44.Cases in which 2015 scheme election treated as made

        2. 45.Benefits for children where election made

        3. 46.Effect of elections on benefits previously paid or payable

        4. 47.Effect of elections on contributions previously paid or payable

      4. Pension benefits and contributions: corrections

        1. 48.Pension benefits and lump sums benefits

        2. 49.Pension contributions

        3. 50.Effective pension age payments

        4. 51.Transitional protection allowance

        5. 52.Power to reduce benefits in lieu of paying liabilities owed to scheme

        6. 53.Powers to reduce or waive liabilities

      5. Powers to make provision in relation to special cases

        1. 54.Pension credit members

        2. 55.Further powers to make provision about special cases

      6. Compensation

        1. 56.Power to pay compensation

      7. Further provision about corrections and compensation

        1. 57.Interest and process

        2. 58.Treasury directions

      8. Miscellaneous

        1. 59.Scheme rules that prohibit unauthorised payments

        2. 60.Information statement

        3. 61.Power to delegate

        4. 62.Section 61 of the Equality Act 2010 etc

      9. Immediate detriment cases

        1. 63.Application of Chapter to immediate detriment cases

        2. 64.Persons who have “benefited from an immediate detriment remedy”

      10. Interpretation

        1. 65.Meaning of “the election period”

        2. 66.Meaning of “a judicial scheme” etc

        3. 67.Meaning of “judicial office” etc

        4. 68.Meaning of “the relevant authority”

        5. 69.Meaning of “opted-out service” and “PPA opted-out service”

        6. 70.Scheme regulations

        7. 71.Interpretation of Chapter

        8. 72.Modifications of Chapter in relation to fee-paid judicial offices

    3. Local government schemes

      1. 73.Meaning of “remediable service”

      2. 74.Power to pay benefits equivalent to final salary benefits

      3. 75.Meaning of “local government scheme” etc

    4. General

      1. Restriction of schemes in relation to service after 31 March 2022

        1. 76.Restriction of existing schemes

        2. 77.Restriction of existing schemes: savings and transitional provision

        3. 78.Restriction of other schemes

      2. Other amendments of PSPA 2013 and PSPA(NI) 2014

        1. 79.Amendments relating to scheme regulations

        2. 80.Amendments relating to employer cost cap

        3. 81.Amendments relating to the Secret Intelligence Service etc

        4. 82.Amendments relating to the judiciary

        5. 83.Amendments relating to non-scheme benefits

      3. Miscellaneous

        1. 84.Power of Treasury to make scheme for compensation

        2. 85.Power of Department of Finance to make scheme for compensation

        3. 86.Power to make provision in relation to certain fee-paid judges

        4. 87.HMRC information-sharing and other functions relating to compensation etc

        5. 88.Section 91 of the Pensions Act 1995

        6. 89.Minor amendment

        7. 90.Power to make consequential provision

      4. Interpretation of Part

        1. 91.Meaning of “member” etc

        2. 92.Interpretation of Part

  2. Part 2

    Pensions and Banking (Special Provisions) Act 2008 Bodies

    1. New public pension schemes

      1. 93.Establishment of new public schemes and transfer of rights

      2. 94.New public schemes: further provision

      3. 95.Protection against adverse treatment: transfer of rights

      4. 96.Protection against adverse treatment: amendment of new public schemes

      5. 97.Transfer of assets and liabilities

    2. Other liabilities to pay pensions

      1. 98.Transfer of other pensions and benefits

    3. Supplementary

      1. 99.Taxation

      2. 100.Information

      3. 101.Regulations

      4. 102.Interpretation

  3. Part 3

    Judicial offices

    1. Judicial pay and conditions

      1. 103.Retirement date for holders of judicial offices etc

      2. 104.Allowances for judicial office holders

    2. Sitting in retirement offices

      1. 105.Sitting in retirement offices

      2. 106.Appointment to sitting in retirement offices

      3. 107.Appointment to sitting in retirement offices: further provision

      4. 108.Discipline and removal from office

      5. 109.Power to add new offices

    3. Consequential etc provision

      1. 110.Consequential etc provision

  4. Part 4

    General

    1. 111.Regulations and directions

    2. 112.Extent

    3. 113.Commencement

    4. 114.Short title

    1. Schedule 1

      Retirement date for holders of judicial offices etc

      1. Part 1

        Amendments of legislation

      2. Part 2

        Transitional provision

      3. Part 3

        Repeal of spent provisions etc

    2. Schedule 2

      Allowances payable to judicial office holders

    3. Schedule 3

      Judicial offices

      1. Part 1

        Lord Chief Justice as appointing authority for corresponding sitting in retirement office

      2. Part 2

        Senior President of Tribunals as appointing authority for corresponding sitting in retirement office

      3. Part 3

        Lord Chief Justice of Northern Ireland as appointing authority for corresponding sitting in retirement office

      4. Part 4

        Northern Ireland Judicial Appointments Commission as appointing authority for corresponding sitting in retirement office

      5. Part 5

        President of Welsh Tribunals as appointing authority for corresponding sitting in retirement office

      6. Part 6

        Lord President of the Court of Session as appointing authority for corresponding sitting in retirement office

    4. Schedule 4

      Consequential etc amendments in connection with Part 3

      1. Part 1

        Amendments of primary legislation

      2. Part 2

        Amendments of secondary legislation

      3. Part 3

        Repeal of spent provisions