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| |
| | | Member-nominated trustees |
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| | | 1B (1) | The trustees of the Fund must make arrangements for the nomination and |
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| | | selection of member-nominated trustees. |
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15 | | (2) | The arrangements must provide for the member-nominated trustees to be— |
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| | | (a) | nominated as the result of a process in which all the members of a |
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| | | scheme under paragraph 7 and all the members of a scheme under |
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| | | paragraph 11 are eligible to participate, and |
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| | | (b) | selected as the result of a process in which all those persons are |
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20 | | |
| | | (3) | The arrangements must— |
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| | | (a) | include provision for the nomination and selection process to take |
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| | | place within a reasonable period of any vacancy arising, |
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| | | (b) | include provision, where a vacancy is not filled because insufficient |
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25 | | nominations are received, for the nomination and selection process to |
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| | | be repeated at reasonable intervals until the vacancy is filled, and |
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| | | (c) | include provision that, where the IPSA or the Minister for the Civil |
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| | | Service so requires, a person who is not a member of a scheme under |
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| | | paragraph 7 and is not a member of a scheme under paragraph 11 must |
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30 | | have the approval of the IPSA or the Minister for the Civil Service to |
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| | | qualify for selection as a member-nominated trustee. |
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| | | (4) | The arrangements may include provision that where the number of |
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| | | nominations received is equal to or less than the number of vacancies, the |
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| | | nominees are to be treated as selected (subject to sub-paragraph (3)(c)). |
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35 | | |
| | | 1C (1) | The IPSA may provide for remuneration and allowances to be payable to the |
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| | | |
| | | (2) | Any such remuneration and allowances are to be paid from the assets of the |
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| | | |
40 | | Resignation and removal of trustees |
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| | | 1D (1) | A person appointed as a trustee of the Fund by the IPSA under paragraph |
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| | | |
| | | (a) | may resign by giving written notice to the IPSA, and |
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| | | (b) | may be removed by the IPSA after consulting the Minister for the Civil |
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45 | | Service and all the other trustees of the Fund. |
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| | | (2) | A person appointed as a trustee of the Fund by the Minister for the Civil |
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| | | Service under paragraph 1A(1)(b)— |
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| | | (a) | may resign by giving written notice to the Minister for the Civil |
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| | | |
50 | | (b) | may be removed by the Minister for the Civil Service after consulting |
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| | | the IPSA and all the other trustees of the Fund. |
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| | | (3) | A person who is a member-nominated trustee— |
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| | | (a) | may resign by giving written notice to the other trustees of the Fund, |
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| | | |
55 | | (b) | may be removed by all the other trustees of the Fund acting together. |
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| | | |
| | | 1E (1) | Subject to any provision contained in a scheme under paragraph 3 because of |
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| | | paragraph 3(1)(c), the trustees of the Fund may determine their own procedure. |
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| | |
| | |
| |
| | | (2) | The validity of any proceedings of the trustees of the Fund is not affected by— |
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60 | | (a) | a vacancy among the trustees, or |
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| | | (b) | a defect in the appointment of a trustee.’. |
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| | | As Amendments to Secretary Jack Straw’s proposed Amendment (No. 64):— |
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| | |
| | |
| | |
| | |
| | | |
| | 
| Line 19, after ‘which’, insert ‘some or’. |
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| | |
| | | |
| | | Line 36, after ‘may’, insert ‘with the consent of the Treasury’. |
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| | |
| | |
| | | |
| | | Page 79, line 2 [Schedule 7], at end insert— |
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| | | ‘(bb) | the indemnification of the trustees (and former trustees) of the Fund’. |
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| | |
| | | |
| | Page 79, line 3 [Schedule 7], leave out ‘number, qualification and’. |
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| | |
| | | |
| | Page 79, line 19 [Schedule 7], at beginning insert— |
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| | | ‘( ) | The IPSA may make a scheme under paragraph 3 only with the consent of the |
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| | | |
| | |
| | | |
| | Page 79, line 22 [Schedule 7], leave out paragraph (c). |
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| | |
| | | |
| | Page 79, line 28 [Schedule 7], leave out paragraph (a). |
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| | |
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| | |
| | | |
| | Page 80, line 22 [Schedule 7], leave out from ‘with the’ to ‘make’ in line 23 and |
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| | insert ‘relevant consents,’. |
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| | |
| | | |
| | Page 80, line 24 [Schedule 7], at end insert— |
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| | | ‘(1A) | The “relevant consents” means— |
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| | | (a) | if the result of making the provision is that the amount of the |
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| | | Exchequer contribution in respect of any financial year is less than it |
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| | | otherwise would be, the consent of the Treasury, the Minister for the |
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| | | Civil Service and the trustees of the Fund, and |
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| | | (b) | otherwise, the consent of the Treasury and the Minister for the Civil |
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| | | |
| | |
| | | |
| | Page 80, line 28 [Schedule 7], after ‘(a)’ insert ‘(if sub-paragraph (1A)(a) does not |
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| | |
| | |
| | | |
| | Page 80, line 28 [Schedule 7], after ‘Fund,’ insert— |
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| | | ‘( ) | the Government Actuary,’. |
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| | |
| | | |
| | Page 81, line 24 [Schedule 7], after ‘as’ insert ‘in service as’. |
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| | |
| | |
| | | |
| | | Page 82, line 6 [Schedule 7], leave out ‘the provision specified in paragraph 24(2)’ |
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| | |
| | | ‘(i) | the provision specified in paragraph 21(1), unless with the |
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| | | consent of the trustees of the Fund, |
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| | | (ii) | the provision specified in paragraph 26, unless with the consent |
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| | | of the trustees of the Fund, and |
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| | | (iii) | the provision specified in paragraph 24(2)’. |
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| | |
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| | |
| | |
| | | |
| | | Page 83, line 24 [Schedule 7], at end insert ‘, except the provisions specified in |
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| | paragraphs 21(1) and 26 unless with the consent of the trustees of the Fund’. |
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| | |
| | |
| | |
| | |
| | | |
| | | Page 84, line 16 [Schedule 7], after ‘puts’, insert ‘(or might put)’. |
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| | |
| | | |
| | Page 84, line 18 [Schedule 7], leave out from ‘if’ to end of line 28 and insert— |
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| | | ‘(a) | the trustees of the Fund consent to the new scheme making the |
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| | | |
| | | (b) | the person making the new scheme is satisfied that the consent |
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| | | |
5 | | (4) | The consent requirement is met if under the new scheme the provision has |
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| | | effect in relation to an accrued right only with the written consent, given in |
|
| | | accordance with sub-paragraph (4A), of— |
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| | | (a) | the person (“P”) in respect of whose service the right has accrued, or |
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| | | (b) | if P is dead, the persons (“the survivors”) who because of the accrued |
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10 | | right are entitled, or may become entitled, to a pension or the benefit |
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| | | |
| | | (4A) | Consent is given in accordance with this sub-paragraph if it is given after the |
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| | | person making the scheme has given P (or the survivors)— |
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| | | (a) | information in writing which adequately explains the nature of the |
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15 | | provision and its effect, |
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| | | (b) | notice in writing that they may make representations about the |
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| | | |
| | | (c) | an adequate opportunity to make such representations, and |
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| | | (d) | notice in writing that the provision has effect in relation to the accrued |
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20 | | right only with their written consent. |
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| | | (4B) | Consent may be given by a person acting on behalf of P (or the survivors); and |
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| | | the references in sub-paragraph (4A) to P (or the survivors) include a person |
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| | | acting on their behalf.’. |
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|
| |
| | |
| | |
| |
| | | As an Amendment to Secretary Jack Straw’s proposed Amendment (No. 74):— |
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| | |
| | |
| | |
| | |
| | | |
| | | Line 10, leave out ‘pension or the benefit of any pension’ and insert ‘benefit or |
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| | future benefit payable out of the Fund’. |
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| | |
| | | |
| | Page 84, line 29 [Schedule 7], leave out ‘(3)(a)’ and insert ‘(4)(a)’. |
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| | |
| | | |
| | Page 84, line 36 [Schedule 7], leave out sub-paragraphs (2) and (3) and insert— |
|
| | | ‘(2) | “Accrued right”, in relation to a provision of the new scheme, means a right or |
|
| | | entitlement to or in respect of a pension or future pension payable out of the |
|
| | | Fund which has accrued in respect of service before the provision comes into |
|
| | | |
5 | | (3) | If the person in respect of whose service the right or entitlement has accrued is |
|
| | | in service when the provision comes into force, the right or entitlement is to be |
|
| | | determined as if the person left service immediately before then.’. |
|
| | | As Amendments to Secretary Jack Straw’s proposed Amendment (No. 76):— |
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| | |
| | |
| | |
| | |
| | | |
| | | Line 1, after second ‘right’, insert ‘(including a contingent right)’. |
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| | |
| | |
| | |
| | |
| | | |
| | | Line 2, leave out ‘a pension or future pension’ and insert ‘a benefit or future |
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| | |
| | |
| | |
| | |
| | |
| | | |
| | | Leave out lines 5 to 7. |
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| | |
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| |
| | |
| | |
| |
| | |
| | | |
| | Page 85, line 4 [Schedule 7], leave out paragraph (a). |
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| | |
| | | |
| | Page 85, line 8 [Schedule 7], leave out paragraph (a). |
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| | |
| | | |
| | Page 85, line 12 [Schedule 7], leave out sub-paragraph (6). |
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| | |
| | | |
| | Page 85, line 31 [Schedule 7], at end insert— |
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| | | ‘( ) | For the purposes of this Schedule “member”— |
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| | | (a) | in relation to a scheme under paragraph 7, means a person with service |
|
| | | as a member of the House of Commons who, in respect of that service, |
|
| | | has a right or entitlement under the scheme to a pension or future |
|
5 | | pension payable out of the Fund, and |
|
| | | (b) | in relation to a scheme under paragraph 11 , means a person with |
|
| | | service to which that paragraph applies who, in respect of that service, |
|
| | | has a right or entitlement under the scheme to a pension or future |
|
| | | pension payable out of the Fund.’. |
|
| | | As Amendments to Secretary Jack Straw’s proposed Amendment (No. 80):— |
|
| | |
| | |
| | |
| | |
| | | |
| | | Line 4, leave out ‘pension or future pension’ and insert ‘benefit or future |
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| | |
| | |
| | |
| | |
| | |
| | | |
| | | Line 8, leave out ‘pension or future pension’ and insert ‘benefit or future |
|
| | |
| | |
| | | |
| | Page 85, line 35 [Schedule 7], at end insert— |
|
| | | ‘“member-nominated trustee” has the meaning given by paragraph 1A;’. |
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|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | | |
| | | Page 85, line 40 [Schedule 7], at end insert— |
|
| | | ‘“trust scheme” has the same meaning as in section 124(1) of the Pensions |
|
| | | |
| | |
| | |
| | | |
| | Page 90, line 38 [Schedule 7], leave out from beginning to ‘may’ in line 41 and |
|
| | |
| | | ‘(1) | The existing regulations have effect (subject to any provision in an order under |
|
| | | |
| | | (a) | so far as they relate to matters which could be contained in a scheme |
|
| | | made by the IPSA under paragraph 3, as if they were a scheme made |
|
| | | by the IPSA under that paragraph, |
|
| | | (b) | so far as they relate to matters which could be contained in a scheme |
|
| | | made by the IPSA under paragraph 7, as if they were a scheme made |
|
| | | by the IPSA under that paragraph, and |
|
| | | (c) | so far as they relate to matters which could be contained in a scheme |
|
| | | made by the Minister for the Civil Service under paragraph 11, as if |
|
| | | they were a scheme made by the Minister under that paragraph. |
|
| | | (2) | An order under section 89 or 90 of this Act’. |
|
| | |
| | |
| | | |
| | Page 91, line 8 [Schedule 7], leave out ‘The order’ and insert ‘An order under |
|
| | section 89 or 90 of this Act’. |
|
| | |
| | | |
| | Page 91, line 16 [Schedule 7], leave out ‘The order’ and insert ‘An order under |
|
| | section 89 or 90 of this Act’. |
|
| | |
| | | |
| | Page 91, line 24 [Schedule 7], after ‘means’ insert ‘the’. |
|
| | |
| | | |
| | Page 91, line 25 [Schedule 7], at end insert ‘in force immediately before the date |
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| | specified in an order made by a Minister of the Crown by statutory instrument. |
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|
