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|
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Other provision about pension compensation |
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104 | Amendments of Schedule 7 to the Pensions Act 2004 |
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Schedule 7 (amendments of Schedule 7 to the Pensions Act 2004) has effect. |
| |
| 5 |
Financial assistance scheme |
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105 | Financial assistance scheme |
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(1) | Subsection (2) of section 286 of the Pensions Act 2004 (c. 35) (financial |
| |
assistance scheme for members of certain pension schemes) is amended as |
| |
| 10 |
(2) | In the definition of “qualifying member”, for the words from “a person” to the |
| |
end of paragraph (b) substitute “a person who, at such time as may be |
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prescribed, is a member of the scheme or has ceased to be a member of the |
| |
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(3) | In the definition of “qualifying pension scheme” after paragraph (b) insert— |
| 15 |
“(ba) | the assets of which, at such time as may be prescribed, |
| |
are insufficient to satisfy in full the liabilities of the |
| |
scheme calculated in the prescribed manner,”. |
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(4) | Omit the definition of “scheme’s pension liabilities” and the words from “and |
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a qualifying pension scheme” to the end. |
| 20 |
| |
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106 | Pension sharing: power of Court of Session to extend time limits |
| |
(1) | The Welfare Reform and Pensions Act 1999 (c. 30) is amended as follows. |
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(2) | In section 28(10) (pension arrangements: time limit for activation of pension |
| 25 |
sharing in Scotland), for “The sheriff” there is substituted “The Court of Session |
| |
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(3) | In section 48(9) (state scheme rights: time limit for activation of benefit sharing |
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in Scotland), for “The sheriff” there is substituted “The Court of Session or the |
| |
| 30 |
107 | Interest on late payment of levies |
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Schedule 8 (which makes provision about payment of interest on late payment |
| |
| |
108 | Appointment of trustees |
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(1) | In section 7 of the Pensions Act 1995 (c. 26) (appointment of trustees), in |
| 35 |
| |
|
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|
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|
(a) | for “necessary”, in the first place where it occurs, substitute |
| |
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(b) | omit “or” at the end of paragraph (b); |
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(c) | at the end insert “, or |
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(d) | otherwise to protect the interests of the generality of the |
| 5 |
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(2) | In paragraph 9(b) of Schedule 2 to the Pensions Act 2004 (c. 35) (reserved |
| |
regulatory functions), for “or (c)” substitute “, (c) or (d)”. |
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109 | Intervention by Regulator where scheme’s technical provisions improperly |
| |
| 10 |
In section 231 of the Pensions Act 2004 (powers of the Regulator), before |
| |
paragraph (a) of subsection (1) insert— |
| |
“(za) | that the trustees or managers, when determining the methods |
| |
and assumptions to be used in calculating the scheme’s |
| |
technical provisions, have failed to comply with a requirement |
| 15 |
imposed under section 222(4)(c);”. |
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110 | Exclusion of transfers out in certain cases |
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(1) | The Pension Schemes Act 1993 (c. 48) is amended as follows. |
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(2) | In section 93(1B) (regulations as to the application of provisions relating to |
| |
transfers for early leavers) after paragraph (a) insert— |
| 20 |
“(aa) | provide for this Chapter not to apply in prescribed |
| |
circumstances in relation to a member of a prescribed scheme or |
| |
schemes of a prescribed description;”. |
| |
(3) | In section 101F (transfer notice in respect of pension credit benefit) after |
| |
| 25 |
“(6A) | Regulations may provide for this Chapter not to apply in prescribed |
| |
circumstances in relation to a member of a prescribed scheme or |
| |
schemes of a prescribed description.” |
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111 | Official pensions: adjustment of increases in survivors’ pensions |
| |
(1) | Section 59 of the Social Security Pensions Act 1975 (c. 60) (increase of official |
| 30 |
pensions) is amended as follows. |
| |
(2) | Subsection (5ZA) is amended as follows. |
| |
(3) | In the words before paragraph (a)— |
| |
(a) | for “or widower’s” substitute “, widower’s or surviving civil |
| |
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(b) | after “spouse” insert “or civil partner”. |
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(4) | In paragraph (a), after “spouse” insert “or civil partner”. |
| |
| |
(a) | after “period” insert “(“the relevant time”)”; |
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(b) | for the words from “one half” to the end substitute “the rate provided |
| 40 |
for in subsection (5ZB);”. |
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|
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|
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|
(6) | In paragraph (c), for “or widower’s” substitute “, widower’s or surviving civil |
| |
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(7) | Omit the words from “but this subsection” to the end. |
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(8) | After subsection (5ZA) insert— |
| |
“(5ZB) | The rate referred to in subsection (5ZA)(b) is— |
| 5 |
(a) | in the case of a widow’s pension, one half of the rate of the |
| |
deceased husband’s guaranteed minimum pension at the |
| |
| |
(b) | in the case of a widower’s pension, one half of so much of the |
| |
rate of the deceased wife’s guaranteed minimum pension at the |
| 10 |
relevant time as is attributable to earnings factors for the tax |
| |
year 1988-89 and subsequent tax years; |
| |
(c) | in the case of a surviving civil partner’s pension, one half of so |
| |
much of the rate of the deceased civil partner’s guaranteed |
| |
minimum pension at the relevant time as is attributable to |
| 15 |
earnings factors for the tax year 1988-89 and subsequent tax |
| |
| |
| |
(a) | does not apply to a widow’s or widower’s pension in respect of |
| |
any service of the deceased spouse if the deceased spouse’s |
| 20 |
pension in respect of that service became payable before 24 July |
| |
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(b) | applies to a surviving civil partner’s pension only in respect of |
| |
amounts payable after the coming into force of this subsection.” |
| |
112 | War pensions: effect of later marriage or civil partnership |
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(1) | Section 168 of the Pensions Act 1995 (c. 26) (war pensions for widows: effect of |
| |
remarriage) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | In determining whether a pension is payable to a person as a widow, |
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widower or surviving civil partner under any of the enactments |
| 30 |
mentioned in subsection (3) in respect of any period beginning on or |
| |
after the commencement date, no account may be taken of the fact that |
| |
the person has married or formed a civil partnership with another |
| |
person if, before the beginning of that period— |
| |
(a) | the marriage or civil partnership has been terminated, |
| 35 |
(b) | the parties to it have been judicially separated, or |
| |
(c) | in the case of a civil partnership, a separation order has been |
| |
made in respect of the parties. |
| |
(1A) | The commencement date is— |
| |
(a) | for the purpose of determining whether a pension is payable to |
| 40 |
a person as a widow or widower, 19 July 1995; |
| |
(b) | for the purpose of determining whether a pension is payable to |
| |
a person as a surviving civil partner, 5 December 2005.” |
| |
(3) | In subsection (2), in paragraph (a)— |
| |
(a) | after “a marriage” insert “or civil partnership”; |
| 45 |
(b) | for “the termination of the marriage” substitute “its termination”. |
| |
|
| |
|
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|
(4) | In that subsection, after “divorce” insert “, dissolution”. |
| |
(5) | In subsection (3)(a), for “The Naval, Military and Air Forces Etc. (Disablement |
| |
and Death) Service Pensions Order 1983” substitute “The Naval, Military and |
| |
Air Forces etc. (Disablement and Death) Service Pensions Order 2006”. |
| |
113 | Polish Resettlement Act 1947: effect of residence in Poland |
| 5 |
(1) | In section 1(3) of the Polish Resettlement Act 1947 (c. 19) (power to apply Royal |
| |
Warrant as to pensions etc to certain Polish forces) for “, and the scheme shall |
| |
contain provision for securing that no payment shall be made thereunder to or |
| |
in respect of any person as to whom the Secretary of State is satisfied that he is |
| |
resident in Poland” substitute “(including exceptions applying by virtue of a |
| 10 |
person’s residence in Poland at any time prior to 1 May 2004)”. |
| |
(2) | Subsection (3) below applies where— |
| |
(a) | a person (“A”) was resident in Poland at any time in the relevant |
| |
| |
(b) | but for that fact, an amount would have been payable to or in respect of |
| 15 |
A under the scheme made under section 1 of the Polish Resettlement |
| |
| |
(3) | The power to make the scheme includes power to make provision for |
| |
payments to or in respect of A in relation to any part of the relevant period. |
| |
(4) | In this section “the relevant period” means the period beginning with 1 May |
| 20 |
2004 and ending with the coming into force of this section. |
| |
| |
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114 | Orders and regulations |
| |
(1) | Any power to make an order or regulations under this Act is exercisable by |
| 25 |
| |
(2) | A statutory instrument containing an order or regulations under this Act is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(3) | Subsection (2) does not apply to an order under section 119 or an order to |
| 30 |
which subsection (4) or (5) applies. |
| |
(4) | No order may be made under section 58 or 61(5) unless a draft of the order has |
| |
been laid before and approved by resolution of each House of Parliament. |
| |
(5) | No order amending or repealing any provision of an Act may be made under |
| |
section 116 unless a draft of the order has been laid before and approved by |
| 35 |
resolution of each House of Parliament. |
| |
115 | Orders and regulations: supplementary |
| |
(1) | An order or regulations under this Act may include— |
| |
(a) | such incidental, supplemental, consequential or transitional provision |
| |
as appears to the Secretary of State to be expedient; |
| 40 |
(b) | provision conferring a discretion on any person. |
| |
|
| |
|
| |
|
(2) | An order under section 58 may include provision for anything that may be |
| |
prescribed by the order to be determined under it, and for anything falling to |
| |
be so determined to be determined by such persons, in accordance with such |
| |
procedure and by reference to such matters, and to the opinion of such persons, |
| |
| 5 |
(3) | The power to make an order or regulations under this Act may be exercised— |
| |
(a) | either in relation to all cases to which the power extends, or in relation |
| |
to those cases subject to specified exceptions, or in relation to any |
| |
specified cases or classes of case, |
| |
(b) | so as to make, as respects the cases in relation to which it is exercised— |
| 10 |
(i) | the full provision to which the power extends or any less |
| |
provision (whether by way of exception or otherwise), |
| |
(ii) | the same provision for all cases in relation to which the power |
| |
is exercised, or different provision for different cases or |
| |
different classes of case or different provision as respects the |
| 15 |
same case or class of case for different purposes of this Act, or |
| |
(iii) | any such provision either unconditionally or subject to any |
| |
| |
116 | Power to make further provision |
| |
(1) | The Secretary of State may by order make— |
| 20 |
(a) | such supplemental, incidental or consequential provision, or |
| |
(b) | such transitory, transitional or saving provision, |
| |
| as the Secretary of State thinks appropriate for the general purposes, or any |
| |
particular purpose, of this Act or in consequence of any provision made by or |
| |
under this Act or for giving full effect to this Act or any such provision. |
| 25 |
(2) | An order under this section may, for purposes of or in consequence of or for |
| |
giving full effect to any provision of or made under Chapter 4 of Part 1, make |
| |
provision for applying (with or without modifications) or amending, repealing |
| |
or revoking any provision of or made under an Act passed before this Act or in |
| |
| 30 |
(3) | Amendments made under this section are in addition, and without prejudice, |
| |
to those made by or under any other provision of this Act. |
| |
(4) | No other provision of this Act restricts the powers conferred by this section. |
| |
117 | General financial provisions |
| |
There is to be paid out of money provided by Parliament— |
| 35 |
(a) | any expenditure incurred by the Secretary of State or a government |
| |
department in consequence of this Act, and |
| |
(b) | any increase attributable to this Act in the sums payable out of money |
| |
so provided under any other enactment. |
| |
| 40 |
Schedule 9 (repeals) has effect. |
| |
|
| |
|