Vote Bundle Text (900322-04)

Amendments proposed to the Child Support, Pensions and Social Security Bill, As Amended - continued	House of Commons

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Concurrency of pensions, rebates and extra monies

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC18

To move the following Clause:—

'.—(1) A person shall be able to hold both a stakeholder pension and an occupational pension concurrently and without financial penalty.

(2) Any rebates or extra monies that may be payable to a person, and which are greater for Stage 1 of the State Second Pension than for SERPS, shall be paid into a stakeholder pension.'.

Use of rebates and extra monies

Mr David Willetts
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC19

To move the following Clause:—

'.—( ) Where rebates or extra monies are payable they shall be applied as follows—

(a) rebates shall be paid into Contracted Out Money Purchase Schemes; and

(b) extra monies shall be applied to Contracted Out Salary Related Schemes.'.

Minimum retirement income

Mr David Willetts
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC23

To move the following Clause:—

'.—(1) Subject to subsection (2) below, the Secretary of State may by regulations require a pensioner on retirement to purchase an annuity which shall give him a minimum retirement income one per cent. higher than the Minimum Income Guarantee throughout his life.

(2) The regulations shall require that a pensioner who is unable to fund his Minimum Retirement Income from other sources shall purchase his annuity from a defined contribution pension plan.'.

Lynne Jones
Audrey Wise

*Page 26 [Clause 30], leave out lines 30 and 31.

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 26, line 33 [Clause 30], at end insert—'and, for the purposes of calculating the pensioner's earnings factor under this subsection, in addition to any earnings, the pensioner will be credited with earnings equal to the lower earnings limit then in force in respect of each week in which invalid care allowance was payable or would have been payable but for the fact that under regulations the amount payable to him was reduced to nil because of his receipt of other benefits.'.

Mr David Willetts
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

Mr Desmond Swayne

*Page 26, line 46 [Clause 30], leave out 'six' and insert 'twelve'.

Lynne Jones
Audrey Wise

*Page 26, line 46 [Clause 30], leave out 'six' and insert 'eleven'.

Mr David Willetts
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

Mr Desmond Swayne

*Page 27, line 33 [Clause 30], at end insert—

'(4A) an employee who is of pensionable age within subsections (2), (3) or (4) above shall be entitled—

(a) to have secondary contributions paid by an employer on his salary which shall contribute to his pension entitlement; and

(b) to make primary contributions which shall accrue towards the state second pension.'.

Mr Secretary Darling

Page 93, line 23 [Schedule 4], leave out ', 48B(2) or 48BB(5)' and insert 'or 48B(2)'.

Mr Secretary Darling

Page 93, line 35 [Schedule 4], at end insert—

'(4A) For the purpose of applying sub-paragraph (1) above in the determination of the rate of any additional pension by virtue of section 48BB(5) above, in a case where the deceased spouse died under pensionable age, the divisor used for the purposes of sub-paragraph (1)(c) above shall be whichever is the smaller of the alternative numbers referred to below (instead of the number of relevant years).

(4B) The first alternative number is the number of tax years which begin after 5th April 1978 and end before the date when the deceased spouse dies.

(4C) The second alternative number is the number of tax years in the period—

(a) beginning with the tax year in which the deceased spouse attained the age of 16 or, if later, 1978-79; and

(b) ending immediately before the tax year in which the deceased spouse would have attained pensionable age if he had not died earlier.'.

Lynne Jones
Audrey Wise

*Page 94 [Schedule 4], leave out lines 23 to 27.

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 94, line 38 [Schedule 4], at end insert—

'(9) If the application of the above percentages should produce an entitlement to additional pension such that a person entitled to a full basic pension and a full additional pension on reaching pensionable age would be expected to have recourse to Income Support within 15 years of pensionable age, there shall be inserted instead of '40' in Table 1 and Table 2 the lowest such percentage as would be required to ensure that he did not become entitled to Income Support within 15 years of reaching pensionable age.'.

Mr Secretary Darling

Page 30, line 3 [Clause 33], leave out ', under section 48A of that Act,'.

Mr Secretary Darling

Page 30, line 5 [Clause 33], at end insert ', in accordance with section 48A below and Schedule 4A to the Social Security Contributions and Benefits Act 1992,"'.

Mr Secretary Darling

Page 31, line 25 [Clause 36], leave out 'Pension Schemes Act 1993' and insert '1993 Act'.

Mr Secretary Darling

Page 31, line 26 [Clause 36], leave out 'Social Security Contributions and Benefits Act 1992' and insert '1992 Act'.

Mr Secretary Darling

Page 31, line 30 [Clause 36], leave out subsection (2) and insert—

'(2) Subsection (1) shall have effect—

(a) in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;

(b) in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.

(3) In relation to the period—

(a) beginning with 6th April 2000, and

(b) ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,

the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.

(4) For the purposes of applying subsection (3) above—

(a) the substitution made by section 128(1) of the 1995 Act shall be ignored, and

(b) references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).

(5) The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to—

(a) revising the calculation of a relevant pension;

(b) paying a relevant pension in accordance with a revised calculation.

(6) Relevant pensions are pensions which fall to be calculated—

(a) in the circumstances described in section 128(4) to (6) of the 1995 Act, and

(b) in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person's earnings.

(7) For the purposes of this section—

(a) the 1992 Act is the Social Security Contributions and Benefits Act 1992;

(b) the 1993 Act is the Pension Schemes Act 1993;

Steve Webb
Mr Paul Burstow
Mr Andrew George

Page 31, line 41 [Clause 37], leave out from 'he' to end of line 43 and insert 'provides information regarding caring activity within a specified time which will be no less than six years following the year in which the qualifying caring activity took place.'.

NEW CLAUSE RELATING TO CHAPTER II OF PART II

Transfer to Financial Services Ombudsman of functions of Pensions Ombudsman and OPRA

Mr David Willetts
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride

NC22

To move the following Clause:—

'.—(1) There shall be transferred to the Financial Services Ombudsman all the functions and powers of the Pensions Ombudsman established under Part X of the Pension Schemes Act 1993 (as amended by the Pensions Act 1995); and the functions and powers of the Occupational Pensions Regulatory Authority shall be similarly transferred.

(2) The Treasury may by order—

(a) provide for the transfer of any property, rights or liabilities held, enjoyed or incurred by any person in connection with functions transferred under this section;

(b) provide for the carrying on and completion by or under the authority of the Financial Services Ombudsman of any proceedings, investigations or other matters concerned, before the order takes effect, by or under the authority of the Pensions Ombudsman or Occupational Pensions Regulatory Authority;

(c) make any transitional, incidental or consequential provision which is necessary, or expedient as a result of the transfer of functions under this section;

(d) provide for the substitution of the Financial Services Ombudsman for the Pensions Ombudsman or Occupational Pensions Regulatory Authority in any instrument, contract or legal proceedings made or begun before the order takes effect.

(3) The Treasury may make regulations providing for—

(a) the transfer to the scheme operator of any staff previously employed in the service of the Pensions Ombudsman or Occupational Pensions Regulatory Authority;

(b) the terms on which any such transfer shall take place; and

(c) the terms on which the employment of any person previously employed in the service of the Pensions Ombudsman may be terminated.'.