|
| |
|
(3) | In section 8(1) (interpretation) omit the definition of ““a Member’s ordinary |
| |
salary” and “a Member’s pensionable salary””. |
| |
Parliamentary and other Pensions Act 1987 (c. 45) |
| |
9 | In section 5(2) (interpretation) for the words from “such resolutions” to the |
| |
| 5 |
“(a) | section 4 of the Parliamentary Standards Act 2009, or |
| |
(b) | in relation to a time before that section was in force, the |
| |
resolutions of the House of Commons then in force relating |
| |
to the remuneration of its members.” |
| |
Ministerial and other Pensions and Salaries Act 1991 (c. 5) |
| 10 |
10 | In section 4 (grants to persons ceasing to hold ministerial and other |
| |
| |
| |
(b) | after that subsection insert— |
| |
“(3A) | The annual amount of the salary paid to a person in respect |
| 15 |
of the office of Chairman of Ways and Means or Deputy |
| |
Chairman of Ways and Means is the difference between— |
| |
(a) | the annual amount of the salary payable under |
| |
section 4 of the Parliamentary Standards Act 2009 to a |
| |
person holding that office, and |
| 20 |
(b) | the annual amount of the salary payable under that |
| |
section to a member of the House of Commons who |
| |
does not hold an office or position specified in a |
| |
resolution of that House for the purposes of section |
| |
4A(2) of that Act (higher salaries for holders of |
| 25 |
specified offices or positions).”, and |
| |
| |
Scotland Act 1998 (c. 46) |
| |
11 (1) | Section 82 (limits on salaries of MSPs) is amended as follows. |
| |
| 30 |
(a) | before paragraph (a) insert— |
| |
“(za) | under section 4 of the Parliamentary Standards Act |
| |
2009 (salaries of members of the House of |
| |
| |
(b) | in paragraph (a) for “either House of Parliament” substitute “the |
| 35 |
| |
(3) | In subsection (2)(b) for “(1)(a)” substitute “(1)(za), (a)”. |
| |
Government of Wales Act 2006 (c. 32) |
| |
12 (1) | Section 21 (limits on salaries of Assembly members) is amended as follows. |
| |
| 40 |
|
| |
|
| |
|
(a) | before paragraph (a) insert— |
| |
“(za) | under section 4 of the Parliamentary Standards Act |
| |
2009 (salaries of members of the House of |
| |
| |
(b) | in paragraph (a) for “either House of Parliament” substitute “the |
| 5 |
| |
(3) | In subsection (2)(b) for “(1)(a)” substitute “(1)(za), (a)”. |
| |
| |
| |
Parliamentary and other pensions |
| |
| 10 |
Parliamentary and other pensions |
| |
The Parliamentary Contributory Pension Fund etc |
| |
| |
1 | There is to continue to be a fund known as the Parliamentary Contributory |
| |
Pension Fund (“the Fund”). |
| 15 |
Number and composition of trustees |
| |
2 (1) | The following are to be the trustees of the Fund— |
| |
(a) | one person appointed by the IPSA after consulting the Minister for |
| |
the Civil Service and the persons who are already trustees of the |
| |
| 20 |
(b) | one person appointed by the Minister for the Civil Service after |
| |
consulting the IPSA and the persons who are already trustees of the |
| |
| |
(c) | 8 persons nominated and selected in accordance with arrangements |
| |
under paragraph 3 (“member-nominated trustees”). |
| 25 |
(2) | Paragraphs 49 and 50 make transitional provision about the trustees of the |
| |
| |
Member-nominated trustees |
| |
3 (1) | The trustees of the Fund must make arrangements for the nomination and |
| |
selection of member-nominated trustees. |
| 30 |
(2) | The arrangements must provide for the member-nominated trustees to be— |
| |
(a) | nominated as the result of a process in which all the members of a |
| |
scheme under paragraph 12 and all the members of a scheme under |
| |
paragraph 16 are eligible to participate, and |
| |
(b) | selected as the result of a process in which some or all those persons |
| 35 |
are eligible to participate. |
| |
(3) | The arrangements must— |
| |
|
| |
|
| |
|
(a) | include provision for the nomination and selection process to take |
| |
place within a reasonable period of any vacancy arising, |
| |
(b) | include provision, where a vacancy is not filled because insufficient |
| |
nominations are received, for the nomination and selection process |
| |
to be repeated at reasonable intervals until the vacancy is filled, and |
| 5 |
(c) | include provision that, where the IPSA or the Minister for the Civil |
| |
Service so requires, a person who is not a member of a scheme under |
| |
paragraph 12 and is not a member of a scheme under paragraph 16 |
| |
must have the approval of the IPSA or the Minister for the Civil |
| |
Service to qualify for selection as a member-nominated trustee. |
| 10 |
(4) | The arrangements may include provision that where the number of |
| |
nominations received is equal to or less than the number of vacancies, the |
| |
nominees are to be treated as selected (subject to sub-paragraph (3)(c)). |
| |
| |
4 (1) | The IPSA may with the consent of the Treasury provide for remuneration |
| 15 |
and allowances to be payable to the trustees of the Fund. |
| |
(2) | Any such remuneration and allowances are to be paid from the assets of the |
| |
| |
Resignation and removal of trustees |
| |
5 (1) | A person appointed as a trustee of the Fund by the IPSA under paragraph |
| 20 |
| |
(a) | may resign by giving written notice to the IPSA, and |
| |
(b) | may be removed by the IPSA after consulting the Minister for the |
| |
Civil Service and all the other trustees of the Fund. |
| |
(2) | A person appointed as a trustee of the Fund by the Minister for the Civil |
| 25 |
Service under paragraph 2(1)(b)— |
| |
(a) | may resign by giving written notice to the Minister for the Civil |
| |
| |
(b) | may be removed by the Minister for the Civil Service after consulting |
| |
the IPSA and all the other trustees of the Fund. |
| 30 |
(3) | A person who is a member-nominated trustee— |
| |
(a) | may resign by giving written notice to the other trustees of the Fund, |
| |
| |
(b) | may be removed by all the other trustees of the Fund acting together. |
| |
| 35 |
6 (1) | Subject to any provisions contained in a scheme under paragraph 8 because |
| |
of paragraph 8(1)(c), the trustees of the Fund may determine their own |
| |
| |
(2) | The validity of any proceedings of the trustees of the Fund is not affected |
| |
| 40 |
(a) | a vacancy among the trustees, or |
| |
(b) | a defect in the appointment of a trustee. |
| |
|
| |
|
| |
|
| |
7 (1) | The trustees of the Fund may invest the assets of the Fund, whether at the |
| |
time in a state of investment or not, in any investment whatever and may |
| |
also from time to time vary any such investments. |
| |
(2) | The trustees of the Fund may settle or compromise any claim or dispute |
| 5 |
relating to the Fund, but— |
| |
(a) | so far as the claim or dispute relates to a scheme under paragraph 8 |
| |
or 12, they may do so only with the consent of the IPSA, and |
| |
(b) | so far as the claim or dispute relates to a scheme under paragraph 16, |
| |
they may do so only with the consent of the Minister for the Civil |
| 10 |
| |
(3) | The IPSA must consult the Minister for the Civil Service before giving its |
| |
consent to the settlement or compromise of a claim or dispute relating to a |
| |
scheme under paragraph 8. |
| |
(4) | Section 35(1) to (4) of the Pensions Act 1995 (c. 26) (pension scheme trustees |
| 15 |
must prepare statement of investment principles) applies to the trustees of |
| |
the Fund despite any provision in regulations under section 35 of that Act |
| |
which would (apart from this sub-paragraph) prevent it applying. |
| |
(5) | Any provision in regulations under that section which would require the |
| |
trustees of the Fund to consult the employer applies as if it required them to |
| 20 |
consult the IPSA and the Minister for the Civil Service. |
| |
| |
8 (1) | The IPSA may make a scheme containing provision about— |
| |
(a) | the administration of the Fund, |
| |
(b) | the management of the Fund’s assets, |
| 25 |
(c) | the indemnification of the trustees (and former trustees) of the Fund, |
| |
(d) | the proceedings of the trustees of the Fund, and |
| |
(e) | the application of the Fund’s assets in connection with the matters in |
| |
| |
(2) | A scheme under this paragraph may in particular— |
| 30 |
(a) | include any or all of the provisions specified in paragraphs 31 to 33, |
| |
(b) | make different provision in relation to different cases, circumstances |
| |
| |
(c) | make such incidental, consequential and transitional provision |
| |
(other than provision modifying an enactment or subordinate |
| 35 |
legislation) as the IPSA considers appropriate. |
| |
(3) | In sub-paragraph (2)(c) the reference to subordinate legislation does not |
| |
include a scheme under this paragraph. |
| |
(4) | No provision of a scheme under this paragraph is to be construed as |
| |
restricting the powers of the trustees under paragraph 7(1). |
| 40 |
Procedure for administration scheme |
| |
9 (1) | The IPSA may make a scheme under paragraph 8 only with the consent of |
| |
the trustees of the Fund. |
| |
|
| |
|
| |
|
(2) | Before making a scheme under paragraph 8 the IPSA must consult— |
| |
| |
(b) | the Minister for the Civil Service, |
| |
(c) | persons the IPSA considers to represent those likely to be affected by |
| |
| 5 |
(d) | any other person the IPSA considers appropriate. |
| |
(3) | The IPSA must send to the Speaker of the House of Commons for laying |
| |
before the House of Commons— |
| |
(a) | any scheme made by it under paragraph 8, and |
| |
(b) | a statement of the reasons for making the scheme. |
| 10 |
(4) | When the scheme and the statement of reasons have been laid, the IPSA |
| |
must publish them in a way it considers appropriate. |
| |
Exchequer contribution to Fund |
| |
10 (1) | In respect of each financial year an Exchequer contribution is to be paid into |
| |
the Fund out of money provided by Parliament. |
| 15 |
(2) | Subject to any provision made by the IPSA under paragraph 11, the amount |
| |
of the contribution for any financial year is to be calculated in accordance |
| |
with recommendations for that year contained in a report made by the |
| |
Government Actuary under this paragraph. |
| |
(3) | The Government Actuary must make a report under this paragraph as soon |
| 20 |
as practicable after the beginning of— |
| |
(a) | the period of three years beginning with the relevant date, and |
| |
(b) | each succeeding period of three years. |
| |
(4) | The “relevant date” means the date immediately following the end of the |
| |
three year period which is current for the purposes of section 3 of the |
| 25 |
Parliamentary and other Pensions Act 1987 (c. 45) when this paragraph |
| |
| |
(5) | The report is to be made to— |
| |
(a) | the trustees of the Fund, |
| |
| 30 |
(c) | the Minister for the Civil Service, and |
| |
| |
| |
(a) | report on the general financial position of the Fund at the beginning |
| |
of the period of three years in which the report is made, and |
| 35 |
(b) | make a recommendation as to the rate at which (subject to any |
| |
subsequent report under this paragraph) Exchequer contributions |
| |
should be paid into the Fund in respect of any financial year |
| |
beginning after the report is made. |
| |
(7) | The rate is to be expressed by reference to such matters as the Government |
| 40 |
Actuary considers appropriate. |
| |
(8) | A copy of every report made by the Government Actuary under this |
| |
paragraph is to be laid before the House of Commons. |
| |
|
| |
|
| |
|
Power to determine Exchequer contribution |
| |
11 (1) | The IPSA may, with the relevant consents, make provision for determining |
| |
the Exchequer contribution in respect of any financial year. |
| |
(2) | The “relevant consents” means— |
| |
(a) | if the result of making the provision is that the amount of the |
| 5 |
Exchequer contribution in respect of any financial year is less than it |
| |
otherwise would be, the consent of the Treasury, the Minister for the |
| |
Civil Service and the trustees of the Fund, and |
| |
(b) | otherwise, the consent of the Treasury and the Minister for the Civil |
| |
| 10 |
(3) | The “Exchequer contribution” means the amount to be paid into the Fund |
| |
| |
(4) | Before making provision under this paragraph the IPSA must consult— |
| |
(a) | (if sub-paragraph (2)(a) does not apply) the trustees of the Fund, |
| |
(b) | the Government Actuary, and |
| 15 |
(c) | persons appearing to the IPSA to represent persons likely to be |
| |
affected by the provision. |
| |
(5) | The IPSA must send to the Speaker of the House of Commons for laying |
| |
before the House of Commons— |
| |
(a) | any representations made by the trustees of the Fund in response to |
| 20 |
consultation under this paragraph, |
| |
(b) | any provision made by the IPSA under this paragraph, and |
| |
(c) | a statement of the reasons for making the provision. |
| |
(6) | When the provision and the statement of reasons have been laid, the IPSA |
| |
must publish them in a way it considers appropriate. |
| 25 |
(7) | Provision under this section may— |
| |
(a) | apply to a financial year which has already ended or which has |
| |
begun before the making of the provision, and |
| |
(b) | make such incidental, consequential and transitional provision |
| |
(other than provision modifying an enactment or subordinate |
| 30 |
legislation) as the IPSA considers appropriate. |
| |
| |
| |
12 (1) | The IPSA may make a scheme containing provision about the application of |
| |
the assets of the Fund in or towards the provision of pensions for or in |
| 35 |
respect of persons with service as a member of the House of Commons, in |
| |
| |
(2) | A scheme under this paragraph may not provide for the application of any |
| |
of the assets of the Fund in or towards the provision of pensions for or in |
| |
respect of persons with service as Lord Chancellor. |
| 40 |
(3) | A scheme under this paragraph may not provide for the application of any |
| |
of the assets of the Fund in or towards the provision of pensions for or in |
| |
respect of a person (“P”) with service as— |
| |
(a) | Prime Minister and First Lord of the Treasury, or |
| |
|
| |
|
| |
|
(b) | Speaker of the House of Commons. |
| |
(4) | Sub-paragraph (3) does not apply if P elects, in accordance with provision |
| |
made by the scheme, to contribute to the Fund out of P’s salary as a member |
| |
of the House of Commons while holding the office of Prime Minister and |
| |
First Lord of the Treasury or Speaker of the House of Commons. |
| 5 |
(5) | The provision mentioned in sub-paragraph (4) may not provide for a |
| |
pension payable under the scheme for or in respect of P to be calculated by |
| |
reference to service as a member of the House of Commons before 28 |
| |
| |
Meaning of “service as a member of the House of Commons” |
| 10 |
13 (1) | For the purposes of this Schedule a person is to be treated as in service as a |
| |
member of the House of Commons at any time if at that time a salary is or |
| |
was payable to the person under— |
| |
(a) | section 4 of the Parliamentary Standards Act 2009 (c. 13), or |
| |
(b) | in relation to a time before that section was in force, the resolutions |
| 15 |
of the House of Commons then in force relating to the remuneration |
| |
| |
(2) | For the purposes of this Schedule service as a member of the House of |
| |
Commons includes service as the holder of a qualifying office or position. |
| |
(3) | In relation to a time when a determination under section 4(4) of the |
| 20 |
Parliamentary Standards Act 2009 is in effect a “qualifying office or position” |
| |
means an office or position in respect of which, because of section 4A(2) of |
| |
that Act, a higher salary is payable than the salary payable to members of the |
| |
House of Commons generally. |
| |
(4) | In relation to a time before the first determination under section 4(4) of the |
| 25 |
Parliamentary Standards Act 2009 comes into effect a “qualifying office or |
| |
| |
(a) | the office of Chairman of Ways and Means and the office of Deputy |
| |
Chairman of Ways and Means, |
| |
(b) | an office or position in respect of which, under the resolutions of the |
| 30 |
House of Commons then in force relating to the remuneration of its |
| |
members, a higher salary was payable than the salary payable to |
| |
members of the House of Commons generally. |
| |
MPs’ pension scheme: further provision |
| |
14 (1) | A scheme under paragraph 12 may in particular— |
| 35 |
(a) | include any or all of the provisions specified in paragraphs 24 to 32, |
| |
| |
(i) | the provision specified in paragraph 26(1), unless with the |
| |
consent of the trustees of the Fund, |
| |
(ii) | the provision specified in paragraph 31, unless with the |
| 40 |
consent of the trustees of the Fund, and |
| |
(iii) | the provision specified in paragraph 29(2), |
| |
(b) | make provision which has effect from a date earlier than the date the |
| |
| |
(c) | make provision in relation to service before the passing of this Act, |
| 45 |
|
| |
|