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Session 2007 - 08
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Other Bills before Parliament

Pensions Bill


Pensions Bill
Part 5 — Miscellaneous

50

 

Chapter 2

Other provision about pension compensation

104     

Amendments of Schedule 7 to the Pensions Act 2004

Schedule 7 (amendments of Schedule 7 to the Pensions Act 2004) has effect.

Part 4

5

Financial assistance scheme

105     

Financial assistance scheme

(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

follows.

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

prescribed, is a member of the scheme or has ceased to be a member of the

scheme,”.

(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,”.

(4)   

Omit the definition of “scheme’s pension liabilities” and the words from “and

a qualifying pension scheme” to the end.

20

Part 5

Miscellaneous

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.

(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

or the sheriff”.

(3)   

In section 48(9) (state scheme rights: time limit for activation of benefit sharing

in Scotland), for “The sheriff” there is substituted “The Court of Session or the

sheriff”.

30

107     

Interest on late payment of levies

Schedule 8 (which makes provision about payment of interest on late payment

of levies) has effect.

108     

Appointment of trustees

(1)   

In section 7 of the Pensions Act 1995 (c. 26) (appointment of trustees), in

35

subsection (3)—

 
 

Pensions Bill
Part 5 — Miscellaneous

51

 

(a)   

for “necessary”, in the first place where it occurs, substitute

“reasonable”;

(b)   

omit “or” at the end of paragraph (b);

(c)   

at the end insert “, or

(d)   

otherwise to protect the interests of the generality of the

5

members of the scheme.”

(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)”.

109     

Intervention by Regulator where scheme’s technical provisions improperly

determined

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);”.

110     

Exclusion of transfers out in certain cases

(1)   

The Pension Schemes Act 1993 (c. 48) is amended as follows.

(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

subsection (6) insert—

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.”

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

partner’s”;

35

(b)   

after “spouse” insert “or civil partner”.

(4)   

In paragraph (a), after “spouse” insert “or civil partner”.

(5)   

In paragraph (b)—

(a)   

after “period” insert “(“the relevant time”)”;

(b)   

for the words from “one half” to the end substitute “the rate provided

40

for in subsection (5ZB);”.

 
 

Pensions Bill
Part 5 — Miscellaneous

52

 

(6)   

In paragraph (c), for “or widower’s” substitute “, widower’s or surviving civil

partner’s”.

(7)   

Omit the words from “but this subsection” to the end.

(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

relevant time;

(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

years.

(5ZC)   

Subsection (5ZA)

(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

1990;

(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

25

(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,

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”.

 
 

Pensions Bill
Part 6 — General

53

 

(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

period, and

(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

Act 1947.

(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.

Part 6

General

114     

Orders and regulations

(1)   

Any power to make an order or regulations under this Act is exercisable by

25

statutory instrument.

(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

Parliament.

(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.

 
 

Pensions Bill
Part 6 — General

54

 

(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,

as may be prescribed.

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

specified condition.

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

the same Session.

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.

118     

Repeals

40

Schedule 9 (repeals) has effect.

 
 

 
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