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| | Tuesday 29th January 2008 |
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| | [ninth and tenth Sittings]
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| | Clause 18, page 8, line 8, leave out from ‘least’ to end of line 9 and insert ‘5% of |
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| | basic earnings in the pay reference period’. |
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| | Clause 18, page 8, line 17, at end add— |
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| | | ‘(3) | The Secretary of State may by regulations make provision for a scheme to |
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| | | continue to satisfy the quality requirement notwithstanding a shortfall in the |
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| | | contributions over a pay reference period if the shortfall is paid within a |
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| | | prescribed period after the end of the reference period.’. |
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| | Clause 18, page 8, line 17, at end add— |
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| | | (a) | the Secretary of State may by order approved by resolution of both House |
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| | | of Parliament amend the lower limit of the employers’ contribution set |
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| | | out in paragraph (1)(b) of this section. |
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| | | (b) | the Secretary of State may by order approved by resolution of both |
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| | | Houses of Parliament amend the lower limit of the total contribution paid |
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| | | by the jobholder as the employer set out in paragraph (1)(c) of this |
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| | | Negatived on division 114 |
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| | Clause 18, page 8, line 17, at end add— |
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| | | ‘(3) | The Secretary of State must report annually on the extent to which employers |
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| | | operating schemes defined under subsection (1) have reduced their |
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| | Clause 18, page 8, line 17, at end add— |
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| | | ‘(3) | A scheme does not fail to satisfy the quality requirement under this section merely |
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| | | because the trustees or managers of the scheme may on any occasion refuse to |
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| | | accept a contribution below an amount prescribed for the purposes of this section |
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| | | on the grounds that it is below that amount.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 19, page 8, line 35, at end add— |
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| | | ‘(5) | The Secretary of State must report annually on the extent to which employers |
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| | | operating schemes defined under subsection (1) have reduced their contribution.’. |
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| | Clause 20, page 9, line 4, leave out subsection (3). |
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| | Clause 22, page 9, line 41, at end add— |
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| | | ‘(5) | The Secretary of State must report annually on the extent to which employers |
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| | | operating schemes defined under subsection (1) have reduced their contribution.’. |
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| | Clause 24, page 10, line 28, at end add— |
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| | | ‘(8) | A scheme does not fail to satisfy the quality requirement under this section merely |
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| | | because the trustees or managers of the scheme may on any occasion refuse to |
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| | | accept a contribution below an amount prescribed for the purposes of this section |
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| | | on the grounds that it is below that amount.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 26, page 11, line 2, leave out ‘jobholder’ and insert ‘person’. |
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| | Clause 26, page 11, line 2, leave out third ‘a’ and insert ‘an occupational pension’. |
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| | Clause 26, page 11, line 3, leave out ‘or 6(3)’ and insert ‘, 6(3) or [Workers without |
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| | qualifying earnings](2)’. |
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| | Clause 26, page 11, line 3, leave out ‘jobholder’s’ and insert ‘person’s’. |
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| | Clause 26, page 11, line 4, leave out ‘jobholder’s’ and insert ‘person’s’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 27, page 11, line 15, after ‘9’ insert ‘and [Workers without qualifying |
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| | Clause 27, page 11, line 15, at end add— |
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| | | ‘( ) | In relation to section [Workers without qualifying earnings] this Chapter applies |
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| | | as if references to a jobholder included references to a worker to whom that |
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| | | Clause, as amended, Agreed to. |
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| | Clause 28, page 11, line 23, leave out ‘may’ and insert ‘must’. |
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| | Clause 28, page 11, line 32, leave out ‘may’ and insert ‘must’. |
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| | Clause 28, page 12, line 2, after ‘8’ insert ‘and [Workers without qualifying |
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| | | Clause, as amended, Agreed to. |
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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 31, page 13, line 14, leave out from ‘within’ to ‘after’ in line 15 and insert |
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| | Clause 31, page 13, line 17, at end insert— |
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| | | ‘(d) | if the contributions are not paid within one year of the due date a |
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| | | requirement to pay interest of inflation or 5%, whichever is lower, on |
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| | | unpaid relevant contributions.’. |
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| | Clause 32, page 14, line 28, at end add— |
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| | | ‘(h) | the Secretary of State shall have the power to apportion such amount as |
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| | | the Secretary of State thinks appropriate of fixed penalty notice payments |
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| | | for the benefit of qualifying jobholders in circumstances where their |
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| | | employers are unable to pay the prescribed contributions.’. |
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| | | Clauses 33 and 34 Agreed to. |
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| | Clause 35, page 16, line 1, at end insert— |
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| | | ‘(f) | a notice under section 72 of the Pensions Act 2004 (c. 35) (provision of |
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| | Clause 36, page 16, line 17, leave out ‘may’ and insert ‘must’. |
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| | Clause 36, page 16, line 29, at end add— |
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| | | ‘(4) | The Secretary of State shall publish a report on the funding of the Pensions |
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| | | Regulator Tribunal for references made under this section within 12 months of |
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| | | the section coming into force.’. |
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| | Clause 37, page 16, line 40, at end add— |
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| | | ‘(3) | For the purposes of subsection (1), “wilfully” shall be subject to the same |
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| | | requirement of reasonableness as is generally applied in employment law.’. |
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| | | Clauses 38 and 39 Agreed to. |
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| | Clause 40, page 17, line 18, at end insert— |
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| | | ‘(1A) | Records required in accordance with subsection (1) may be kept in any |
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| | Clause 41, page 17, line 31, after ‘such’, insert ‘reasonable’. |
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