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| Tuesday 19th February 2008 |
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| [seventeenth and eighteenth Sittings]
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| Clause 83, page 39, line 28, after first ‘order’, insert ‘or provision’. |
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| Clause 83, page 39, line 28, at end insert ‘, or provision contained in a qualifying |
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| Clause 83, page 39, line 30, after ‘order’ insert ‘or provision’. |
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| Clause 83, page 39, line 31, after ‘order’ insert ‘or provision’. |
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| Clause 83, page 39, line 33, at end insert ‘or provision’. |
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| | Clause, as amended, Agreed to. |
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| Clause 84, page 40, line 10, at end add— |
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| | ‘(f) | a pension compensation sharing order under section 8 of the Family Law |
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| | (Scotland) Act 1985 (c. 37) (orders for financial provision); |
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| | (g) | any provision corresponding to provision which may be made by such an |
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| | (i) | is contained in a qualifying agreement between the parties to a |
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| | marriage or the partners in a civil partnership, |
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| | (ii) | is in such form as the Secretary of State may prescribe by |
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| | (iii) | takes effect on the grant, in relation to the marriage, of decree of |
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| | divorce or a declarator or nullity or (as the case may be) on the |
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| | grant, in relation to the civil partnership, of decree of dissolution |
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| | or of declarator of nullity, |
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| | | except where the provision relates to the same rights to PPF |
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| | compensation as are the subject of an order made under section 12B(2) |
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| | of the Family Law (Scotland) Act 1985 (c. 37) (order for payment of |
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| | capital sum: pension compensation). |
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| | (2) | For the purposes of this Chapter, a qualifying agreement is an agreement which— |
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| | (a) | has been entered into in such circumstances as the Secretary of State may |
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| | prescribe by regulations, and |
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| | (b) | is registered in the Books of Council and Session.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 85, page 40, line 18, after ‘order’ insert ‘or provision’. |
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| | Clause, as amended, Agreed to. |
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| Clause 87, page 41, line 6, after ‘order’ insert ‘or provision’. |
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| | Clause, as amended, Agreed to. |
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| Clause 89, page 41, line 17, leave out ‘4 months’ and insert ‘2 months.’. |
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| Clause 89, page 41, line 24, after ‘order’ insert ‘or provision’. |
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| | Clause, as amended, Agreed to. |
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| Clause 90, page 41, line 39, at end insert ‘and transferor.’. |
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| Clause 90, page 42, line 12, leave out subsection (8). |
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| Clause 91, page 42, line 24, leave out paragraph (a). |
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| Clause 91, page 42, line 32, after ‘order’ insert ‘or provision’. |
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| Clause 91, page 42, line 32, after ‘provision’ insert ‘(“provision for |
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| Clause 91, page 42, line 34, at end insert ‘for apportionment’. |
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| Clause 91, page 42, line 35, after ‘order’ insert ‘or provision’. |
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| Clause 91, page 42, line 35, leave out ‘such provision’ and insert ‘provision for |
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| Clause 91, page 42, line 39, at end insert ‘or provision’. |
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| | Clause, as amended, Agreed to. |
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| Clause 92, page 43, line 10, at end insert— |
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| | ‘(iv) | orders for financial provision under section 8 of the Family Law |
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| | (Scotland) Act 1985 (c. 37) (orders for financial provision); |
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| | (v) | provision as to pension sharing, or pension compensation |
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| | sharing, that is contained in an agreement that is a qualifying |
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| | agreement for the purposes of section 28(1)(b) and (c) of the |
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| | Welfare Reform and Pensions Act 1999 (c. 30) (activation of |
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| | pension sharing) or this Chapter.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 94, page 43, line 31, leave out ‘has’ and insert ‘and Schedule [Pension |
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| compensation on divorce etc: Scotland] (which amends in relation to pension |
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| compensation sharing orders similar legislation applying in Scotland) have’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 95 and 96 Agreed to. |
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| | Clauses 97 and 98 Agreed to. |
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| | Clauses 99 to 108 Agreed to. |
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| Schedule 8, page 87, line 33, at end insert— |
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| | Financial assistance scheme |
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| | | | | | Pensions Act 2004 (c. 35) |
| In section 286(2) the definition of “scheme’s pension |
| | | | | liabilities” and the words from “and a qualifying |
| | | | | pension scheme” to the end.’. |
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| Schedule 8, page 87, line 40, at end insert— |
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| ‘Family Law (Scotland) Act 1985 (c. 37) |
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| Schedule 8, page 88, line 16, at end add— |
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| | Removal of annuity protection lumpsum death benefit |
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| | | | | | | In Schedule 29 paragraph 16(1)(a).’. |
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| Schedule 8, page 88, line 16, at end insert— |
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| ‘Pensions Act 1995 (c. 26) |
| In section 7(3), at the end of paragraph (b), the word |
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| | Schedule, as amended, added to the Bill |
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| Clause 109, page 48, line 12, leave out ‘61’ and insert ‘60’. |
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| Clause 109, page 48, line 13, at end insert— |
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| | ‘(ca) | section [Appointment of trustees];’. |
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| Clause 109, page 48, line 14, at end insert ‘and Schedule 8’. |
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| Clause 109, page 48, line 14, at end insert— |
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| | ‘(3A) | Section [Appointment of trustees] comes into force at the end of the period of 2 |
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| | months beginning with the day on which this Act is passed.’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 110 and 111 Agreed to. |
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| | Workers without qualifying earnings |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to a worker— |
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| | (a) | to whom paragraphs (a) and (b) of section 1(1) apply (working in Great |
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| | Britain and aged between 16 and 75), |
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| | (b) | to whom paragraph (c) of section 1(1) does not apply (qualifying |
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| | (c) | who is not an active member of a pension scheme that satisfies the |
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| | requirements of this section. |
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| | (2) | The worker may by notice require the employer to arrange for the worker to |
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| | become an active member of a pension scheme that satisfies the requirements of |
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| | (3) | The Secretary of State may by regulations make provision— |
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| | (a) | about the form and content of the notice; |
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| | (b) | about the arrangements that the employer is required to make; |
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| | (c) | for determining the date with effect from which the worker is (subject to |
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| | compliance with any requirements of the scheme rules) to become an |
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| | active member under the arrangements. |
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| | (4) | Subsections (5) and (6) apply where a worker becomes an active member of a |
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| | pension scheme in pursuance of a notice under this section and, within the period |
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| | of 12 months beginning with the day on which that notice was given— |
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| | (a) | ceases to be an active member of that scheme because of any action or |
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| | omission by the worker, and |
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| | (b) | gives the employer a further notice under this section. |
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| | (5) | The further notice does not have effect to require the employer to arrange for the |
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| | worker to become an active member of a pension scheme. |
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| | (6) | But any arrangements the employer makes for the worker to become, within that |
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| | period, an active member of a pension scheme that satisfies the requirements of |
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| | this section must be made in accordance with regulations under this section. |
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| | (7) | A pension scheme satisfies the requirements of this section if— |
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| | (a) | it is an occupational pension scheme or a personal pension scheme, |
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| | (b) | it is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12), |
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| | (c) | in the case of a personal pension scheme, there are, in relation to the |
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| | worker concerned, direct payment arrangements (within the meaning of |
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| | section 111A of the Pension Schemes Act 1993 (c. 48)) between the |
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| | worker and the employer.’. |
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| | Transitional periods for money purchase and personal pension schemes |
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| To move the following Clause:— |
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| | ‘(1) | During the first transitional period for money purchase and personal pension |
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| | (a) | sections 18(1)(b) and 24(3)(b) have effect as if for “3%” there were |
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| | (b) | sections 18(1)(c) and 24(4)(b) have effect as if for “8%” there were |
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| | (2) | The first transitional period is a prescribed period of at least one year, beginning |
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| | with the coming into force of section 18. |
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| | (3) | During the second transitional period for money purchase and personal pension |
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| | (a) | sections 18(1)(b) and 24(3)(b) have effect as if for “3%” there were |
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| | (b) | sections 18(1)(c) and 24(4)(b) have effect as if for “8%” there were |
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| | (4) | The second transitional period is a prescribed period of at least one year, |
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| | beginning with the end of the first transitional period.’. |
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