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| | Thursday 17th January 2008 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [15th January]. |
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| | Clause 1, page 1, line 9, leave out ‘and under 75’. |
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| | Clause 2, page 2, line 4, leave out ‘, or make any omission,’. |
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| | Clause 3, page 2, line 27, leave out subsection (5) and insert— |
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| | | ‘( ) | Subsection (2) does not apply if there are prescribed arrangements under which |
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| | | the jobholder is entitled to become an active member, with effect from the |
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| | | automatic enrolment date, of a qualifying scheme which is a personal pension |
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| | | scheme of a prescribed description. |
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| | | ( ) | An order will be made under this section to prescribe the terms under which it is |
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| | | applicable, and the basis on which its application may be withdrawn with respect |
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| | | to specific scheme providers or employers.’. |
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| | Clause 3, page 2, line 27, leave out ‘may’ and insert ‘shall within three months of |
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| | this Act receiving Royal Assent.’. |
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| | Clause 4, page 3, line 15, at end add— |
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| | | ‘(7) | The length of any such postponement shall not exceed 6 months.’. |
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| | Clause 5, page 3, line 34, leave out from ‘that’ to end of line 35 and insert ‘fall at |
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| | the beginning of the tax year in any relevant year for all jobholders.’. |
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| | | Clause 6, page 4, line 12, at end insert— |
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| | | ‘(5A) | The regulations must provide for the notice— |
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| | | (a) | to include information about the effect in relation to jobholders of giving |
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| | | notice under this section, and |
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| | | (b) | to be signed by the jobholder’.
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| | | Member’s explanatory statement
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| | | The purpose of this amendment is to ensure that, in situations where a jobholder seeks to opt in to |
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| | | a qualifying scheme, a notice is signed in writing by the jobholder. |
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| | | Clause 7, page 4, line 25, after ‘refunded’, insert ‘to the jobholder’.
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| | | Member’s explanatory statement
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| | | The purpose of this amendment is to ensure that, in situations when a jobholder opts out of an auto- |
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| | | enrolment scheme, any contributions made by the jobholder are refunded to the jobholder and not |
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| | | Clause 7, page 4, line 28, after ‘refunded’, insert ‘to the employer’.
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| | | Member’s explanatory statement
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| | | See Member’s explanatory statement for amendment . |
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| | Clause 8, page 5, line 7, at end add— |
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| | | ‘(3) | The information so given must include whether the jobholder is likely to benefit |
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| | | by reason of being auto-enrolled. |
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| | | (4) | For the purposes of this section ‘benefit’ shall be defined as the jobholder |
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| | | recovering all contributions to the scheme as well as an additional return the |
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| | | extent of which the Secretary of State shall by regulation define.’. |
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| | Clause 11, page 6, line 4, leave out ‘wages, commission, bonuses and overtime’ |
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| | Clause 11, page 6, line 11, leave out paragraph (f). |
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| | Clause 11, page 6, line 11, at end add— |
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| | | ‘(4) | For the purposes of scheme contributions by and on behalf of members of a |
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| | | qualifying scheme other than that established by Chapter 4 of this Act, |
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| | | subsections 11(1) to (3) may be disregarded if contributions are calculated and |
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| | | made in relation to the individual’s basic earnings.’. |
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| | Clause 12, page 6, line 15, leave out subsection (2). |
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| | Clause 12, page 6, line 17, leave out ‘may in particular’ and insert ‘shall’. |
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| | | Clause 12, page 6, line 17, leave out subsection (3). |
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| | | Member’s explanatory statement
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| | | See Member’s explanatory statement for Amendment 75. |
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| | | Clause 12, page 6, line 21, leave out subsection (4). |
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| | | Member’s explanatory statement
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| | | See Member’s explanatory statement for Amendment 75. |
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| | | Clause 12, page 6, line 24, at end add— |
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| | | ‘(4A) | If the average earnings index (including bonuses) for the whole economy for |
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| | | September of a year is higher than the index for the previous September, the |
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| | | Secretary of State shall as soon as practicable make an order in relation to each |
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| | | amount mentioned in section 11(1)(a) and (b), increasing each amount, if the new |
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| | | index is higher, by the same percentage as the amount of the increase of the |
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| | | Member’s explanatory statement
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| | | This amendment seeks to provde greater certainty regarding the methods by which the qualifying |
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| | | earnings band is uprated annually. |
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| | Clause 13, page 6, line 27, leave out from beginning to ‘twelve’ in line 27. |
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| | Clause 14, page 7, line 9, leave out paragraph (c). |
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| | Clause 15, page 7, line 22, leave out ‘or to provide any information’. |
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| | Clause 16, page 7, line 33, leave out paragraph (c). |
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| | Clause 17, page 7, line 40, at end add— |
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| | | ‘(c) | is prescribed or is of a prescribed description and that has its main |
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| | | administration elsewhere than in an EEA State. |
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| | Clause 20, page 9, line 4, leave out subsection (3). |
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| | Clause 30, page 13, line 2, at end add— |
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| | | ‘(g) | require the employer to pay interest in respect of any period for which |
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| | | contributions remain unpaid.’. |
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| | Clause 45, page 20, line 6, at end add— |
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| | | ‘(cb) | to fund the set-up costs incurred by the duties under Chapter 1 of Part 1 |
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| | | of the Pensions Act 2008 from the Consolidated Fund.’.
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| | | Member’s explanatory statement
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| | | The purpose of this amendment is to ensure that the additional cost incurred by the Pensions Reg |
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| | | ulator during the set-up phase of its new statutory objective to maximise compliance with new em |
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| | | ployer duties is paid by the taxpayer. |
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| | Clause 50, page 24, line 10, after ‘scheme’, insert ‘which shall commence |
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| | operation with effect from 1st April 2012’. |
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