Amendment Paper as at
Thursday 6th May 2004
CONSIDERATION OF BILL
ARMED FORCES (PENSIONS AND COMPENSATION) BILL
NEW CLAUSES
Reservists personal pension plans
Mr Desmond Swayne [R]
Mr Julian Brazier
NC1
To move the following Clause:—
'The Secretary of State may by regulation enable the Armed Forces Pension Scheme to make contributions to personal pension plans owned by members of the Reserve Forces.'.
[R] Relevant registered interest declared.
Armed Forces Pay Review Body
Mr Gerald Howarth
NC2
To move the following Clause:—
'(1) The Armed Forces Pay Review Body (the "Review Body") shall monitor the extent to which the scheme meets the recruitment and retention needs of the Armed Forces.
(2) The Review Body shall publish its observations in a supplement to the following annual report and the Secretary of State shall publish his response to these observations.
(3) The Secretary of State shall consult the Review Body in advance of any variations in the Schemes which he is minded to make.
(4) Any person (including serving members of the Armed Forces) or organisations concerned with the working of the Schemes or about Legacy Issues covered by existing schemes shall make such representations in writing (and in confidence if appropriate) to the Review Body in summary form in the first instance and the Review Body may, at its discretion, invite further representations on the matter in such form as it may prescribe, but the Review Body shall not be obliged by this provision to look into individual cases.
(5) The Review Body shall set out the arrangements to apply to servicemen and women who elect to transfer to a new Armed Forces Pension and Compensation Scheme.
(6) Before the introduction of any new scheme the Secretary of State shall submit to the Review Body the mortality and longevity assumptions upon which such scheme is based.
(7) The Review Body shall keep the Schemes and Legacy Issues under regular review and shall report annually to the Secretary of State and may so report more frequently if they believe that to be necessary.
(8) The Secretary of State shall cause any report to him by the Review Body to be published if the Review Body so requests.
(9) The Review Body may make to the Secretary of State recommendations for variations in the Schemes.
(10) The Secretary of State may, at his discretion, reject, vary or accept and apply recommendations by the Review Body.
(11) If a recommendation is made under subsection (10), the Secretary of State shall make a written statement to Parliament setting out—
| (b) | the Review Body's reasons for making the recommendation; |
| (c) | the Secretary of State's decision in relation to the recommendation; |
| (d) | the reason for the decision. |
(12) A legacy issue shall be defined as an historical anomaly in provisions of Armed Forces Pension Schemes causing inequitable treatment of certain clearly defined groups.'.
Burden of proof
Mr Gerald Howarth
NC3
To move the following Clause:—
'The power of the Secretary of State to modify an Armed Forces Pension Scheme may not on any occasion be exercised in any manner which would or might alter the onus on any person of proof as provided for by Article 4(2) or the benefit of reasonable doubt as provided for by Article 5(4) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 1983.'.
Full career pensions
Mr Gerald Howarth
NC4
To move the following Clause:—
'The Secretary of State shall provide mechanisms to ensure that all personnel in this scheme who have completed 35 years service, but are not retained in service after their 55th birthday, receive pension benefits which are based on 66.67 per cent. of their final salary.'.
Early departure
Mr Gerald Howarth
NC5
To move the following Clause:—
'(1) Those serving 18 years and having reached age 40 (whichever is later) shall be entitled to a system of Early Departure Payments.
(2) Individuals meeting the requirements of subsection (1) shall receive payments until the preserved pension comes into payment at age 65.
(3) The Secretary of State shall by order set out details of these payments.
(4) The payments will be monitored by the Armed Forces Pay Review Body which will submit to Parliament a report on any changes.'.
Medical records
Mr Gerald Howarth
NC6
To move the following Clause:—
'(1) Each of the Services shall maintain complete and accurate medical records in respect of service personnel throughout an individual's service.
(2) These records will not be disposed of until the individual is deceased.
(3) Any claimant to compensation arising from injury or illness attributable to military service shall have full and complete access to his medical records.'.
Widow's pensions for life
Mr Gerald Howarth
NC7
To move the following Clause:—
'From 6th April 2005 existing widows and widowers currently in receipt of an unattributable Forces Family Pension shall retain that pension for life.'.
Date of marriage
Mr Gerald Howarth
NC8
To move the following Clause:—
'From 6th April 2005 widows and surviving registered unmarried partners of all service personnel shall receive a full widow's Forces Family Pension based on their spouse's or partner's length of service and final salary regardless of that date of marriage or registration.'.
Mr Gerald Howarth
4
Page 5, line 16 [Schedule 1], leave out paragraphs 3 and 4.
Mr Secretary Hoon
1
Page 7, line 43 [Schedule 1], leave out from second 'which,' to end of line 45 and insert 'applications to a Commissioner for leave to appeal under this section must be made;'.
Mr Secretary Hoon
2
Page 7, line 46 [Schedule 1], leave out 'appeals and'.
Mr Gerald Howarth
5
Page 9, line 12 [Schedule 1], leave out paragraphs 6 to 9.
Mr Secretary Hoon
3
Page 12, line 7 [Schedule 3], at end insert—
4. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.
5. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.
