House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Pensions Bill
[The page and line references are to HL Bill 50, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 7, leave out “an employee or” and insert “a”
2
Page 1, line 8, leave out “a” and insert “the worker’s”
3
Page 1, line 10, leave out from “earnings” to end of line 11 and insert “are payable

by the employer in the relevant pay reference period (see sections 12 and 14)”
Clause 2
4
Page 2, line 4, leave out from “which” to end of line 6 and insert “(without the

jobholder ceasing to be employed by the employer)—

(a)
the jobholder ceases to be an active member of the scheme, or

(b)
the scheme ceases to be a qualifying scheme.”
Clause 3
5
Page 2, line 28, leave out subsection (5) and insert—

“(5A)
For the purposes of arrangements under subsection (2) regulations may

require information to be provided to any person by the employer or—

(a)
where the arrangements relate to an occupational pension scheme,

the trustees or managers of the scheme;

(b)
where the arrangements relate to a personal pension scheme, the

provider of the scheme.

(5B)
For the purposes of arrangements made under subsection (2) in relation to

a personal pension scheme, regulations may deem an agreement to exist

(subject to section 7) between the jobholder and the provider of the scheme

for the jobholder to be an active member of the scheme on terms and

conditions determined in accordance with the regulations.”

Bill 174 54/3

2

Clause 4
6
Page 2, line 39, leave out from “that” to “the” in line 41 and insert “in prescribed

cases”
7
Page 3, line 5, leave out from “which” to end of line 6 and insert “within the

minimum period—

(a)
the person ceases to be an active member of the scheme, or

(b)
the scheme ceases to be a scheme of the relevant kind.”
8
Page 3, line 8, at end insert—

“( )
A scheme ceases to be a scheme of the relevant kind, in the case of any

person, if it ceases to have a feature by reference to which regulations under

this section operated so as to postpone the automatic enrolment date in that

person’s case.”
Clause 5
9
Page 3, line 21, after “jobholder” insert “—

(a)
”
10
Page 3, line 22, at end insert “, or

(b)
gave notice under section 7.”
11
Page 3, line 22, at end insert—

“( )
Subsection (2) is subject to section (Timing of automatic re-enrolment)(6).”
12
Page 3, line 23, leave out subsection (5) and insert—

“(5A)
For the purposes of arrangements under subsection (2) regulations may

require information to be provided to any person by the employer or—

(a)
where the arrangements relate to an occupational pension scheme,

the trustees or managers of the scheme;

(b)
where the arrangements relate to a personal pension scheme, the

provider of the scheme.

(5B)
For the purposes of arrangements made under subsection (2) in relation to

a personal pension scheme, regulations may deem an agreement to exist

(subject to section 7) between the jobholder and the provider of the scheme

for the jobholder to be an active member of the scheme on terms and

conditions determined in accordance with the regulations.”
13
Page 3, line 29, leave out from “regulations” to end of line 33
After Clause 5
14
Insert the following new Clause—

“Timing of automatic re-enrolment

(1)
Regulations under section 5(6) must either—

(a)
secure that for any jobholder there is no automatic re-enrolment

date less than three years after the jobholder’s automatic enrolment

date, and that there is not more than one automatic re-enrolment

date in any period of three years, or

3

(b)
secure that for any employer there is not more than one automatic

re-enrolment date in any period of three years.

(2)
Subsection (1) does not restrict the provision that regulations may make

about the timing of a jobholder’s automatic re-enrolment date (“the

relevant date”) in the following cases.

(3)
The first case is where the jobholder became an active member of a scheme

in accordance with regulations under section 4 and—

(a)
at any time before the end of the minimum period under that

section, the jobholder ceases to be an active member of the scheme

or the scheme ceases to be a scheme of the relevant kind for the

purposes of that section,

(b)
that event is not the effect of any action or omission by the jobholder

or the employer, and

(c)
the relevant date is the jobholder’s first automatic re-enrolment

date after that time.

(4)
The second case is where—

(a)
at any time after the jobholder’s automatic enrolment date, the

jobholder ceases to be an active member of a qualifying scheme or

a qualifying scheme of which the jobholder is an active member

ceases to be such a scheme,

(b)
that event is not the effect of any action or omission by the jobholder

or the employer, and

(c)
the relevant date is the jobholder’s first automatic re-enrolment

date after that time.

(5)
The third case is where—

(a)
there is a period beginning at any time after the jobholder’s

automatic enrolment date during which the requirements of section

1(1)(a) or (c) are not met (so that the person is not a jobholder for

that period), and

(b)
the relevant date is the jobholder’s first automatic re-enrolment

date after that period.

(6)
Where subsection (3) applies—

(a)
section 5(2) has effect as if the reference to an automatic enrolment

scheme were, in relation to the relevant date, a reference to a

scheme (“the new scheme”) of the kind referred to in subsection

(3)(a), and

(b)
section 4(2) to (4) apply in relation to the new scheme as they

applied in relation to the scheme referred to in subsection (3).”
Clause 6
15
Page 4, line 6, leave out subsection (5) and insert—

“(5A)
For the purposes of arrangements under subsection (3) regulations may

require information to be provided to any person by the employer or—

(a)
where the arrangements relate to an occupational pension scheme,

the trustees or managers of the scheme;

(b)
where the arrangements relate to a personal pension scheme, the

provider of the scheme.

4

(5B)
For the purposes of arrangements made under subsection (3) in relation to

a personal pension scheme, regulations may deem an agreement to exist

(subject to section 7) between the jobholder and the provider of the scheme

for the jobholder to be an active member of the scheme on terms and

conditions determined in accordance with the regulations.”
Clause 7
16
Page 4, line 23, leave out from “applies” to “(arrangements” in line 24 and insert

“on any occasion when arrangements under section 3(2), 5(2) or 6(3) apply to a

jobholder”
17
Page 4, line 26, leave out subsections (2) to (6) and insert—

“(2)
If the jobholder gives notice under this section—

(a)
the jobholder is to be treated for all purposes as not having become

an active member of the scheme on that occasion;

(b)
any contributions paid by the jobholder, or by the employer on

behalf or in respect of the jobholder, on the basis that the jobholder

has become an active member of the scheme on that occasion must

be refunded in accordance with prescribed requirements.

(3)
Regulations under subsection (2)(b) may, in particular, make provision

about—

(a)
the time within which contributions must be refunded;

(b)
how the amount to be refunded is calculated;

(c)
the procedure for refunding contributions.

(4)
The Secretary of State may by regulations make further provision in

relation to notices under this section.

(5)
The regulations may in particular make provision—

(a)
as to the form and content of a notice;

(b)
as to the period within which a notice must be given;

(c)
as to the person to whom a notice must be given;

(d)
requiring any person to make prescribed arrangements for enabling

notices to be given;

(e)
requiring any person to take prescribed action in consequence of a

notice (in addition to any action prescribed under subsection

(2)(b)).”
18
Page 4, line 43, after “signed” insert “or otherwise authorised”
Clause 8
19
Page 5, line 17, leave out “rules”
20
Page 5, line 32, leave out paragraph (a)
Clause 12
21
Page 6, line 30, leave out “at any time”
22
Page 6, line 30, after “period” insert “of 12 months”