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Jurisdiction
Malcolm Wicks
NC24
*To move the following Clause:—
'(1) After section 146(4) of the Pension Schemes Act 1993 (c.48) (power to apply Part 10 of that Act to those concerned with the administration of a scheme) insert—
"(4A) For the purposes of subsection (4) a person or body of persons is concerned with the administration of an occupational or personal pension scheme where the person or body is responsible for carrying out an act of administration concerned with the scheme."
(2) The amendment made by this section has effect in relation to the making of any provision under section 146(4) of the Pension Schemes Act 1993 (c.48) applying Part 10 of that Act in relation to a complaint or a dispute in so far as it relates to a matter which arises on or after the day on which this section comes into force.
(3) For the purposes of subsection (2), a question falling within section 146(1)(g) of the Pension Schemes Act 1993 (c.48) is to be treated as a dispute.'.
Investigations
Malcolm Wicks
NC25
*To move the following Clause:—
'(1) Omit section 54 of the Child Support, Pensions and Social Security Act 2000 (c.19) ("the 2000 Act") (which amends sections 148, 149 and 151 of the Pension Schemes Act 1993 (c.48) and which has not been brought into force except for the purpose of making regulations and rules).
(2) Omit the following provisions of the Pension Schemes Act 1993 (c.48) —
| (a) | section 148(5)(ba) and (bb) as inserted by section 54(2) of the 2000 Act, |
| (b) | section 149(1), (1A) and (1B) as substituted by section 54(3) of the 2000 Act, |
| (c) | section 149(3)(ba) as substituted by section 54(4) of the 2000 Act, |
| (d) | section 149(3)(d) and the word "and" immediately preceding it as inserted by section 54(5) of the 2000 Act, |
| (e) | section 149(8) as inserted by section 54(6) of the 2000 Act, |
| (f) | section 151(1)(c) and the word "and" immediately preceding it as inserted by section 54(7) of the 2000 Act, |
| (g) | section 151(3)(ba) and (bb) as substituted by section 54(8) of the 2000 Act, and |
| (h) | in section 151(3)(c) the words "any of paragraphs (a) to (bb)" as inserted by section 54(8) of the 2000 Act, |
to the extent that those amendments made by section 54 of the 2000 Act have been brought into force for the purpose of making regulations and rules.'.
Voluntary contributions
Malcolm Wicks
NC26
*To move the following Clause:—
'(1) Omit section 111 of the Pension Schemes Act 1993 (c.48) (requirements for schemes to provide facilities for members to pay voluntary contributions, and relating to any such contributions).
(2) In section 132 of that Act (duty to bring schemes into conformity with indirectly-applying requirements) omit from "or the voluntary" to third "requirements".
(3) In section 181(1) of that Act (general interpretation) omit the definition of "voluntary contributions requirements".'.
Interim Pension Protection Fund
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Adam Price
NC1
To move the following Clause:—
'(1) The Interim Pension Protection Fund shall consist of—
| (a) | property and rights transferred to the Board from salary-related occupational pension schemes— |
| (i) | to which section 56 of the Pensions Act 1995 (c. 26) applies; |
| (ii) | which are being wound up prior to the coming into force of Part 2 of this Act; and |
| (iii) | where prima facie there is a shortfall of assets to meet all obligations to current and future pensioners thereunder, and |
| (b) | proceeds of the interim levy upon unclaimed assets. |
(2) Regulations must make provision for imposing a levy ("the interim levy") to be applied to unclaimed assets.
(3) The regulations must prescribe—
| (a) | the identification of unclaimed assets for the purposes of this Act, |
| (b) | the factors by reference to which the interim levy is to be assessed, |
| (c) | the rate of the levy, and |
| (d) | the time or times during the interim period when the levy becomes payable. |
(4) The Board shall have the same powers of compensation in respect of schemes hereunder as those set out in section 124 and Schedule 7 of this Act.
(5) In no circumstances may any of the proceeds of the levies established pursuant to sections 136 and 137 of this Act be applied for the purposes of this section.'.
Exercise of Regulator's functions
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Mr David Ruffley
NC4
To move the following Clause:—
'In the exercise of its functions under this Act, the Regulator shall have regard to—
| (a) | the need to use its resources efficiently and effectively, |
| (b) | the principle that any burden or restriction imposed should be proportionate to the benefits thereof, and |
| (c) | the need to be open and transparent at all times, and to consult those with an interest when developing policies, procedures and practices.'. |
Annual increase in rate of certain personal pensions
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Mr David Ruffley
NC7
To move the following Clause:—
'Sections 162 and 163 of the Pensions Act 1995 (c26) (annual increase in rate of certain personal pensions) shall cease to have effect.'.
Restriction on employers' powers to alter schemes for future service
Kevin Brennan
NC8
To move the following Clause:—
'(1) After section 67 of the Pensions Act 1995 there shall be inserted—
"67A Restriction on employers' powers to alter schemes for future service
(1) This section applies to any measure which an employer envisages that he may take whereby a pension scheme in which the employer participates—
| (a) | will be closed to admission of new members; |
| (b) | will be modified by any person so that the rights or interests of any member will be adversely affected for future service; |
| (c) | will be modified so that the contributions which members are obliged to pay as a condition of membership will be increased; or |
| (d) | (in the case of a pension scheme which is not a salary-related pension scheme) will be modified so that the employer's obligation to contribute to the scheme will be reduced. |
(2) Where this section applies, the employer shall meet the notice and consultation requirements specified in subsections (3) to (9) below before any such measure has effect.
(3) The notice requirements are that notice of any measure envisaged shall be given by the employer, in the manner specified in sub-section (4), to—
| (a) | his employees (whether or not they are members of the scheme); |
| (b) | the trustees and administrator of the scheme; and |
| (c) | any recognised union. |
(4) Notices given under subsection (3) shall be in writing and shall—
| (a) | specify the measures which are envisaged, and, if the measures will not relate to all employees, the categories or descriptions of the employees to be so affected; |
| (b) | in the case of measures having the effect described in sub-section (1) above shall specify the categories or descriptions of the employees or future employees to be affected; |
| (c) | specify the date from which it is anticipated that those measures will have effect; and |
| (d) | specify the name and business address of the person to whom representations may be made with respect to the matters included in the notice. |
(5) A notice under this section shall be given—
| (i) | sending or delivering it to him, or |
| (ii) | exhibiting it conspicuously at the place of work or employment so that it may be read conveniently by him and by drawing his attention to it in writing; |
| (b) | to any other person, by sending or delivering it to that person. |
(6) Unless there are special circumstances which render it not reasonably practicable, a notice under this section must specify a date of expiry which is not earlier than the date three months after the date on which the notice is given.
(7) The consultation requirements are that unless there are special circumstances which render it not reasonably practicable the employer shall consult any recognised trade unions with a view to seeking their agreement to the measures to be taken.
(8) In the course of those consultations the employer shall—
| (a) | consider any representations made by the recognised trade unions; and |
| (b) | reply to those representations and, if he rejects any of those representations, state his reasons. |
(9) If in any case there are special circumstances which render it not reasonably practicable for an employer to perform a duty imposed on him by any of subsections (3) to (8) he shall take all such steps towards performing that duty as are reasonably practicable in the circumstances.
(10) In this section—
| (a) | an effect upon any right or interest shall be taken to be adverse unless the actuary certifies that it is not; |
| (b) | a recognised trade union is an independent trade union recognised to any extent for the purpose of collective bargaining in relation to the employees concerned. |
67B Failure to give notice or consult
(1) Where an employer has failed to comply with a requirement of section 67A, a complaint may be presented to an employment tribunal on that ground—
| (a) | in the case of failure relating to representatives of a trade union, by the trade union, |
| (b) | in any other case, by any of his employees who are affected employees. |
(2) If on a complaint under subsection (1) above a question arises whether or not it was reasonably practicable for an employer to perform a particular duty or what steps he took towards performing it, it shall be for him to show—
| (a) | that there were special circumstances which rendered it not reasonably practicable for him to perform the duty; and |
| (b) | that he took all such steps towards its performances as were reasonably practicable in those circumstances. |
(3) Where the tribunal finds a complaint under paragraph (1) above well-founded it shall make a declaration to that effect and may order the employer to pay appropriate compensation to such descriptions of affected employees as may be specified in the award;
(4) An appeal shall lie and shall lie only to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in any proceedings before, an employment tribunal under or by virtue of those Regulations; and section 13(1) of the Tribunals and Inquiries Act 1971 (appeal from certain tribunals to the High Court) shall not apply in relation to any such proceedings.
(5) In this section—
| (a) | 'appropriate compensation means such sum not exceeding thirteen weeks' pay for the employee in question as the tribunal considers just and equitable having regard to the seriousness of the failure of the employer to comply with his duty. |
| (b) | 'affected employee' means an employee who is a member of the scheme or who would be eligible to become a member if a measure within the meaning of section 67A(1)(a) had not taken effect. |
(6) Chapter II of the Employment Rights Act 1996 shall apply for calculating the amount of a week's pay for any employee for the purposes of subsection (11) above.".'.
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