House of Lords portcullis
House of Lords
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Pensions Bill


 
 

 

Pensions Bill

MARSHALLED LIST OF MOTIONS AND AMENDMENTS TO BE MOVED ON

CONSIDERATION OF commons REASONS

[The page and line references are to HL Bill 61, the bill as first printed for the Lords.]

MOTION A

(LORDS AMENDMENT NO. 1)

Clause 1

LORDS AMENDMENT NO. 1

Page 2, line 32, at end insert—

 

“(3A)    

With effect from the commencement of this section or 1st November 2007,

 

whichever shall be earlier, the contributor may at any time up to state

 

pension age, make voluntary (Class 3) contributions for any period of his

 

or her working life, in respect of up to 9 years, whether consecutive or not,

 

which for any reason shall not have satisfied the conditions for a Qualifying

 

Year or Years, so that such year or years shall then be deemed to be a

 

Qualifying Year or Years.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 1 for the following Reason—

1A

Because it would involve charges on public funds, and the Commons do not offer any

 

further Reason, trusting that this reason may be deemed sufficient.

 

 

MOTION A

A

Lord McKenzie of Luton to move, That this House do not insist on its Amend­

 

ment 1, to which the Commons have disagreed for their Reason 1A.

 
 
HL Bill 96—I54/2

 
 

Pensions Bill

2

 
 

MOTION B

 

 

(LORDS AMENDMENTS NOS. 12, 13, 14 AND 73)

After Clause 18

LORDS AMENDMENT NO. 12

12

Insert the following new Clause—

 

“Minimum retirement income

 

(1)    

The amount of the minimum retirement income in respect of each tax year

 

shall be set by the Chancellor of the Exchequer by order at the level of the

 

standard minimum guarantee prescribed under section 2 of the State

 

Pension Credit Act 2002 (c. 16).

 

(2)    

Before making an order under subsection (1), the Chancellor of the

 

Exchequer shall consult such persons as he considers appropriate.

 

(3)    

An order under this section (other than the order that applies to the first tax

 

year during which this section is in force) must be made on or before 31st

 

January of the tax year before the tax year to which the order applies.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 12, 13, 14 and 73 for the following

 

Reason—

12A

Because they would alter provisions relating to taxation, and the Commons do not offer any

 

further Reason, trusting that this reason may be deemed sufficient.

 

LORDS AMENDMENT NO. 13

13

Insert the following new Clause—

 

“Retirement income fund

 

(1)    

The Finance Act 2004 (c. 12) is amended as follows.

 

(2)    

After section 152 (meaning of “arrangement”), insert—

 

“152A

Meaning of “retirement income fund”

 

(1)    

In this Part a retirement income fund means a scheme for the

 

reinvestment of savings in retirement which—

 

(a)    

is operated by or on behalf of a person authorised to operate

 

a registered pension scheme,

 

(b)    

is a scheme in which investments are approved by the

 

Inland Revenue, and

 

(c)    

meets the conditions set out in subsections (2) to (9).

 

(2)    

The first condition is that, subject to the other conditions in this

 

section, funds held in the retirement income fund may be invested

 

and withdrawn by the member as and when he elects.


 
 

Pensions Bill

3

 
 

(3)    

The second condition is that an authorised retirement income fund

 

provider must set an annual maximum withdrawal allowance for

 

each member, based on an assessment of each member’s life

 

expectancy, and a member’s withdrawals from the fund in any one

 

year must not exceed that allowance.

 

(4)    

The third condition is that, in setting annual maximum withdrawal

 

allowances, an authorised provider must ensure that no member’s

 

total future income falls below the minimum retirement income

 

level, as set out under section (Minimum retirement income) of the

 

Pensions Act 2007, except in the circumstances provided for in the

 

sixth condition.

 

(5)    

The fourth condition is that an authorised provider must set an

 

annual minimum withdrawal allowance so that each member’s

 

total income is at least equivalent to the minimum retirement

 

income level, except in the circumstances provided for in the sixth

 

condition.

 

(6)    

The fifth condition is that where a member chooses not to declare

 

his total annual income to the authorised provider, he must

 

withdraw funds equivalent to the level of the minimum retirement

 

income level or his annual maximum withdrawal allowance,

 

whichever is the lower.

 

(7)    

The sixth condition is that, where there are insufficient funds to

 

enable the annual minimum withdrawal allowance to be set so that

 

a member’s total income is at least equivalent to the minimum

 

retirement income level, the allowance should be set at the highest

 

level consistent with the assessment of the member’s life

 

expectancy.

 

(8)    

The seventh condition is that the maximum and minimum

 

withdrawal allowances must be set at the same level where a

 

member’s total annual income, including his maximum

 

withdrawal allowance, is lower than the minimum retirement

 

income level.

 

(9)    

The eighth condition is that a retirement income fund, and any

 

income derived from it, must not be capable of assignment or

 

surrender by the member.””

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 12, 13, 14 and 73 for the following

 

Reason—

13A

Because they would alter provisions relating to taxation, and the Commons do not offer any

 

further Reason, trusting that this reason may be deemed sufficient.

 

LORDS AMENDMENT NO. 14

14

Insert the following new Clause—

 

“Withdrawal from a retirement income fund

 

(1)    

Section 165 of the Finance Act 2004 (c. 12) (pension rules) is amended as

 

follows.


 
 

Pensions Bill

4

 
 

(2)    

In subsection (1) (which sets out the pension rules)—

 

(a)    

in Pension rule 4, after paragraph (a), insert—

 

“(aa)    

a withdrawal from a retirement income fund,”;

 

(b)    

in Pension rule 4, after the second appearance of the words “scheme

 

pension”, insert the words “a withdrawal from a retirement income

 

fund”;

 

(c)    

in Pension rule 6, after paragraph (a), insert—

 

“(aa)    

a withdrawal from a retirement income fund,”;

 

(d)    

in Pension rule 6, after the second appearance of the words “scheme

 

pension”, insert the words “a withdrawal from a retirement income

 

fund”.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 12, 13, 14 and 73 for the following

 

Reason—

14A

Because they would alter provisions relating to taxation, and the Commons do not offer any

 

further Reason, trusting that this reason may be deemed sufficient.

Schedule 7

LORDS AMENDMENT NO. 73

73

Page 71, line 30, at end insert—

 

“Part 6A

 

Removal of annuity protection lump sum death benefit

 

Citation

Extent of repeal

 
 

Finance Act 2004 (c. 12)

In Schedule 29, paragraph 16(1)(a).”

 
 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendments Nos. 12, 13, 14 and 73 for the following

 

Reason—

73A

Because they would alter provisions relating to taxation, and the Commons do not offer any

 

further Reason, trusting that this reason may be deemed sufficient.

 

 

MOTION B

B

Lord McKenzie of Luton to move, That this House do not insist on its Amend­

 

ments 12, 13, 14 and 73, to which the Commons have disagreed for their Reasons

 

12A, 13A, 14A and 73A.


 
contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2007
Revised 24 July 2007