Vote Bundle Text (900324-06)

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

back to previous text

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 John Butterfill

Page 105, line 9 [Schedule 4], at end insert—

'Minimum funding requirement

. In section 56 of the 1995 Act (minimum funding requirement) subsection (4) shall be omitted.'.

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 CLAUSES RELATING TO CHAPTER II OF PART II

Restriction on index-linking where annuity tied to investments

Mr Secretary Darling

NC25

To move the following Clause:—

'.—(1) In section 51(2) of the Pensions Act 1995 (annual increases in rate of pension) for "Subject to section 52" there shall be substituted "Subject to sections 51A and 52".

(2) After section 51 of that Act there shall be inserted—

"Restriction on increase where annuity tied to investments. 51A.—(1) No increase under section 51 is required to be made, at any time on or after the relevant date, of so much of any pension under a money purchase scheme as—

(a) is payable by way of an annuity the amount of which for any year after the first year of payment is determined (whether under the terms of the scheme or under the terms of the annuity contract in pursuance of which it is payable) by reference to fluctuations in the value of, or the return from, particular investments;
(b) does not represent benefits payable in respect of the protected rights of any member of the scheme; and

(c) satisfies such other conditions (if any) as may be prescribed.
(2) For the purposes of this section it shall be immaterial whether the annuity in question is payable out of the funds of the scheme in question or under an annuity contract entered into for the purposes of the scheme.
(3) In this section 'the relevant date' means the date appointed for the coming into force of section (Restriction on index-linking where annuity tied to investments) of the Child Support, Pensions and Social Security Act 2000." '.

Jurisdiction of the Pensions Ombudsman

Mr Secretary Darling

NC32

*To move the following Clause:—

'.—(1) Section 146 of the Pension Schemes Act 1993 (functions of the Pensions Ombudsman) shall be amended as follows.

(2) In subsection (1), after paragraph (b) there shall be inserted—

"(ba) a complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either—

(i) of trustees of the scheme who are not independent trustees, or

(ii) of former trustees of the scheme who were not independent trustees,

alleges maladministration of the scheme,".

(3) In that subsection, for the words after sub-paragraph (ii) of paragraph (d) there shall be substituted—

"and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes,

(e) any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme,

(f) any dispute, in relation to a time while section 22 of the Pensions Act 1995 (schemes subject to insolvency procedures) applies in relation to an occupational pension scheme, between an independent trustee of the scheme and either—

(i) trustees of the scheme who are not independent trustees, or

(ii) former trustees of the scheme who were not independent trustees, and

(g) any question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee."

(4) After that subsection there shall be inserted—

(a) in the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute,

(b) in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute,

(c) in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme,

(d) in the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute,

(e) in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee.

(1B) For the purposes of this Part, any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute."

(5) In subsection (3) (persons responsible for the management of the scheme to be the trustees and managers and employer), after "occupational pension scheme" there shall be inserted "or a personal pension scheme".

(6) For paragraph (a) of subsection (6) (exclusion of the Ombudsman's jurisdiction where court proceedings have been begun) there shall be substituted—

"(a) if, before the making of the complaint or the reference of the dispute—

(i) proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or employment tribunal, and

(ii) those proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made;".

(7) In subsection (7) (persons who are actual or potential beneficiaries)—

(a) after paragraph (b) there shall be inserted—

"(ba) a person who is entitled to a pension credit as against the trustees or managers of the scheme;" and

(b) in sub-paragraph (i) of paragraph (c), for "paragraph (a) or (b)" there shall be substituted "paragraph (a), (b) or (ba)".

(8) In subsection (8) (interpretation) after the definition of "employer" there shall be inserted—

"'independent trustee', in relation to a scheme, means—

(a) a trustee of the scheme appointed under section 23(1)(b) of the Pensions Act 1995 (appointment of independent trustee by insolvency practitioner or official receiver),

(b) a person appointed under section 7(1) of that Act to replace a trustee falling within paragraph (a) or this paragraph;".

(9) In subsection (1)—

(a) for "complaints and disputes" there shall be substituted "matters";

(b) in paragraph (b), for the words from "is to" to the end of the paragraph there shall be substituted "are references to the other scheme referred to in that sub-paragraph"; and

(10) Subsection (6) does not have effect in relation to proceedings begun before the day appointed under section 79 for the coming into force of this section.'.