Session 2010-11
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Pensions Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction tabled for consideration on 1st March 2011, as follows—

Clause 1
Schedule 1
Clause 2
Schedule 2
Clause 3
Schedule 3
Clauses 4 to 17
Schedule 4
Clauses 18 to 24
Schedule 5
Clauses 25 to 29

[Amendments marked * are new or have been altered]

Clause 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

1*

Page 1, line 6, leave out “December 1953” and insert “April 1955”

2*

Page 1, line 7, leave out subsection (3) and insert—

“(3) In sub-paragraph (4) for “6th April 1959” substitute “6th April 1955”.”

3*

Page 1, line 8, leave out subsection (4)

4*

Page 2, leave out 10 to 16 and insert—

6th April 1955 to 5th May 1955 6th May 2020
6th May 1955 to 5th June 1955 6th July 2020
6th June 1955 to 5th July 1955 6th September 2020
6th July 1955 to 5th August 1955 6th November 2020
6th August 1955 to 5th September 1955 6th January 2021
6th September 1955 to 5th October 1955 6th March 2021
6th October 1955 to 5th November 1955 6th May 2021
6th November 1955 to 5th December 1955 6th July 2021
6th December 1955 to 5th January 1956 6th September 2021
6th January 1956 to 5th February 1956 6th November 2021
6th February 1956 to 5th March 1956 6th January 2022
6th March 1956 to 5th April 1956 6th March 2022
5*

Page 2, line 17, leave out ““1954”” and insert ““1956””

After Clause 1

BARONESS TURNER OF CAMDEN

6

Insert the following new Clause—

“Revision of increase in pensionable age for men and women

(1) The increase in pensionable age for men and women may be revised in the case of illness or infirmity, or of particularly arduous or dangerous employment.

(2) This revision shall not involve loss of state pension rights.”

LORD MCKENZIE OF LUTON

BARONESS DRAKE

7*

Insert the following new Clause—

“Qualifying age for pension credit

(1) The Secretary of State must make regulations setting out the qualifying age for pension credit.

(2) The qualifying age for pension credit from 6th March 2011 until 6th March 2020 shall be set so that the timetable in Schedule (Graduated timetable: qualifying age for pension credit) has effect.

(3) After 6th March 2020, the qualifying age for attaining pension credit shall be set at an age that does not exceed the age that a person qualifies for the state pension.”

LORD GERMAN

LORD STONEHAM OF DROXFORD

8*

Insert the following new Clause—

“Additional financial support for certain women

The Secretary of State shall by regulations provide additional financial support for women born between the months of July 1953 and September 1955 to include one or a combination of the following—

(a) pension credit adjustment;

(b) providing for women with serious illness;

(c) by slowing the rate of acceleration for a particular group of women.”

Schedule 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

9*

Page 19, line 20, leave out from “(a)” to end of line 22 and insert “for “2024” substitute “April 2020””

10*

Page 19, line 31, leave out “December 2018”” and insert “April 2020””

After Schedule 1

LORD MCKENZIE OF LUTON

BARONESS DRAKE

11*

Insert the following new Schedule—

“SCHEDULE Graduated timetable: qualifying age for pension credit

Any increase in the qualifying age for pension credit between 6th March 2011 and 6th March 2020 must not exceed the qualifying date set out in column (2) for any eligible person born on any day in a period mentioned in column (1).

(1) (2)
Period within which birthday falls Day pensionable credit attained
6th September 1950 to 5th October 1950 6th March 2011
6th October 1950 to 5th November 1950 6th May 2011
6th November 1950 to 5th December 1950 6th July 2011
6th December 1950 to 5th January 1951 6th September 2011
6th January 1951 to 5th February 1951 6th November 2011
6th February 1951 to 5th March 1951 6th January 2012
6th March 1951 to 5th April 1951 6th March 2012
6th April 1951 to 5th May 1951 6th May 2012
6th May 1951 to 5th June 1951 6th July 2012
6th June 1951 to 5th July 1951 6th September 2012
6th July 1951 to 5th August 1951 6th November 2012
6th August 1951 to 5th September 1951 6th January 2013
6th September 1951 to 5th October 1951 6th March 2013
6th October 1951 to 5th November 1951 6th May 2013
6th November 1951 to 5th December 1951 6th July 2013
6th December 1951 to 5th January 1952 6th September 2013
6th January 1952 to 5th February 1952 6th November 2013
6th February 1952 to 5th March 1952 6th January 2014
6th March 1952 to 5th April 1952 6th March 2014
6th April 1952 to 5th May 1952 6th May 2014
6th May 1952 to 5th June 1952 6th July 2014
6th June 1952 to 5th July 1952 6th September 2014
6th July 1952 to 5th August 1952 6th November 2014
6th August 1952 to 5th September 1952 6th January 2015
6th September 1952 to 5th October 1952 6th March 2015
6th October 1952 to 5th November 1952 6th May 2015
6th November 1952 to 5th December 1952 6th July 2015
6th December 1952 to 5th January 1953 6th September 2015
6th January 1953 to 5th February 1953 6th November 2015
6th February 1953 to 5th March 1953 6th January 2016
6th March 1953 to 5th April 1953 6th March 2016
6th April 1953 to 5th May 1953 6th May 2016
6th May 1953 to 5th June 1953 6th July 2016
6th June 1953 to 5th July 1953 6th September 2016
6th July 1953 to 5th August 1953 6th November 2016
6th August 1953 to 5th September 1953 6th January 2017
6th September 1953 to 5th October 1953 6th March 2017
6th October 1953 to 5th November 1953 6th May 2017
6th November 1953 to 5th December 1953 6th July 2017
6th December 1953 to 5th January 1954 6th September 2017
6th January 1954 to 5th February 1954 6th November 2017
6th February 1954 to 5th March 1954 6th January 2018
6th March 1954 to 5th April 1954 6th March 2018
6th April 1954 to 5th May 1954 6th May 2018
6th May 1954 to 5th June 1954 6th July 2018
6th June 1954 to 5th July 1954 6th September 2018
6th July 1954 to 5th August 1954 6th November 2018
6th August 1954 to 5th September 1954 6th January 2019
6th September 1954 to 5th October 1954 6th March 2019
6th October 1954 to 5th November 1954 6th May 2019
6th November 1954 to 5th December 1954 6th July 2019
6th December 1954 to 5th January 1955 6th September 2019
6th January 1955 to 5th February 1955 6th November 2019
6th February 1955 to 5th March 1955 6th January 2020
6th March 1955 to 5th April 1955 6th March 2020”

Clause 2

LORD MCKENZIE OF LUTON

BARONESS DRAKE

12*

Page 3, line 8, after “force” insert “or 6th April 2012, whichever is the later”

After Clause 3

BARONESS HOLLIS OF HEIGHAM

LORD MCKENZIE OF LUTON

BARONESS DRAKE

13

Insert the following new Clause—

“Right to apply for amalgamation of earnings from multiple sources of employment for Basic State Pension accrual

A jobholder who in any week in a tax year—

(a) is employed in more than one employment,

(b) whose earnings do not exceed the lower earnings limit in any individual employment or self-employment in that week, and

(c) whose earnings in aggregate reach or exceed the lower earnings limit in any week,

shall be deemed to have earnings equivalent to or exceeding the lower earnings limit for the purposes of accruing entitlement to the Basic State Pension in that week.”

Schedule 3

LORD MCKENZIE OF LUTON

BARONESS DRAKE

14*

Page 21, line 4, after “date” insert “, not later than 6th April 2005,”

15*

Page 21, line 8, after “with” insert “, or immediately following,”

After Clause 4

BARONESS HOLLIS OF HEIGHAM

16

Insert the following new Clause—

“Voluntary enrolment and employer contribution

After section 9(2) of the 2008 Act (duties to workers without qualifying earnings) insert—

“(3) The Secretary of State shall by regulations provide that any employer to whom subsection (2) applies shall be under a duty to pay contributions in respect of the jobholder equal to or more than 3% of the amount of the jobholder’s total earnings in the relevant pay reference period.””

17

Insert the following new Clause—

“Right to apply for amalgamation of earnings from multiple sources of employment for purposes of the earnings trigger

(1) A jobholder who in any week in a tax year is employed in more than one employment and—

(a) whose earnings do not exceed the weekly earnings trigger in any individual employment or self-employment in that week; and

(b) whose earnings in aggregate reach or exceed the earnings trigger in any week,

shall be deemed to have earnings equivalent to or exceeding the earnings trigger for the purposes of requesting voluntary enrolment into national employee savings trusts.”

Clause 5

BARONESS TURNER OF CAMDEN

18

Page 4, line 30, leave out “£7,475” and insert “£5,715”

LORD MCKENZIE OF LUTON

BARONESS DRAKE

19*

Page 4, line 30, leave out “£7,475” and insert “the primary threshold for national insurance purposes”

20*

Page 4, line 30, leave out “£7,475” insert “(the earnings trigger)”

21*

Page 4, line 31, at end insert—

“( ) For the avoidance of doubt, the earnings trigger mentioned in subsection (1)(c) of this section and section 5(1)(a) of this Act includes circumstances where the jobholder is able to demonstrate to an employer that by aggregating earnings from other employers in the relevant pay reference period the earnings trigger is reached.”

BARONESS TURNER OF CAMDEN

22

Page 5, line 1, leave out “£7,475” and insert “£5,715”

Clause 6

LORD MCKENZIE OF LUTON

BARONESS DRAKE

23*

Page 6, line 15, leave out “three” and insert “one”

24*

Page 6, line 16, at end insert “, except in the case of notices given under subsections (1) and (3), it cannot be longer than three months from the day on which the worker begins to be employed by E”

25*

Page 6, line 32, at end insert—

“4A Annual report on implementation and monitoring of section 4

(1) The Secretary of State must publish an annual report about the implementation and monitoring of the postponement provisions of section 4 and must lay a copy of this report before parliament.

(2) The report required under subsection (1) must, in particular, include—

(a) the numbers and categories of jobholders receiving notices that their automatic enrolment is deferred; and

(b) the numbers of such jobholders who in respect of that employment do not become automatically enrolled.”

After Clause 6

LORD GERMAN

LORD STONEHAM OF DROXFORD

26*

Insert the following new Clause—

“Deferral period

The Secretary of State shall by regulations issue guidance to employers and jobholders explaining the rights of employees during the deferral period, including the right to opt in to the scheme during this period.”

After Clause 7

LORD GERMAN

LORD STONEHAM OF DROXFORD

27*

Insert the following new Clause—

“Automatic enrolment date

The automatic enrolment date will be no later than a cumulative period of three months’ earnings above the threshold, whether consecutive or not.”

Clause 8

LORD MCKENZIE OF LUTON

BARONESS DRAKE

28*

Page 7, line 22, leave out “, 5(1)(a)”

29*

Page 7, line 24, at beginning insert “Subject to subsection (2A),”

30*

Page 7, line 24, at beginning insert “Subject to subsection (2B),”

31*

Page 7, line 27, at end insert—

“(2A) An order made under subsection (2) must not increase the amount in section 3(1)(c) by more than—

(a) the general level of earnings; or

(b) in percentage terms by more than the percentage increase in the lower earnings limit for national insurance purposes.”

32*

Page 7, line 27, at end insert—

“(2B) An order made under subsection (2) must be accompanied by a full impact assessment, specifying—

(a) which factors have been taken into account, why they were considered relevant and the extent to which those factors have been taken into account;

(b) where factors listed in subsection (4) were not considered relevant, and why;

(c) the impact of the number of individuals benefiting from automatic enrolment.”

BARONESS TURNER OF CAMDEN

33

Page 7, leave out lines 32 and 33

After Clause 8

LORD STONEHAM OF DROXFORD

LORD GERMAN

34*

Insert the following new Clause—

“Transfer to national employment savings trust

In section 16 of the 2008 Act (qualifying schemes) after subsection (2) insert—

“(2A) The Secretary of State must make regulations to enable transfers of qualifying pension schemes into a national employment savings trust.””

After Clause 9

BARONESS HOLLIS OF HEIGHAM

LORD MCKENZIE OF LUTON

BARONESS DRAKE

35

Insert the following new Clause—

“Transfers-in before decumulation

After section 15 of the 2008 Act (pay reference period) insert—

“15A Transfers-in before decumulation

The Secretary of State shall by regulations provide that in the preceding tax year before the decumulation of the jobholder’s national employee savings trust (“NEST”) a jobholder shall have the right to consolidate retirement savings by transferring into NEST any other accrued occupational or personal pension fund or funds not otherwise capable of commutation.””

BARONESS HOLLIS OF HEIGHAM

36

Insert the following new Clause—

“Voluntary and additional voluntary contributions into NESTs

After section 15A of the 2008 Act (as inserted by section (Transfers-in before decumulation)) insert—

“15B Voluntary and additional voluntary contributions into NESTs

(1) The Secretary of State shall by regulations provide that a jobholder who in a preceding tax year or years after the commencement of NESTs has not paid contributions up to the maximum employee contribution limit for the year or years in question may at any time pay voluntary contributions up to the total of the maximum employee contribution limit for each of those years.

(2) The jobholder shall not be entitled to require the employer to pay the employer’s contribution on voluntary contributions paid under subsection (1).

(3) The jobholder may exercise the right to pay additional voluntary contributions equal to the total amount of the contributions which would have been paid by the employer if the contributions in subsection (1) had not been voluntary.

(4) Voluntary contributions shall attract tax relief at the applicable rate.

(5) For the purposes of this section, rounding-up under section 9 above shall apply.””

37

Insert the following new Clause—

“Contribution threshold for automatic enrolment

After section 15B of the 2008 Act (as inserted by section (Voluntary and additional voluntary contributions into NESTs)) insert—

“15C Contribution threshold for automatic enrolment

The Secretary of State shall by regulations provide that the annual maximum employee contribution payable into NESTs under automatic enrolment shall be equal to the level of the annual earnings threshold.””

LORD GERMAN

LORD STONEHAM OF DROXFORD

38*

Insert the following new Clause—

“National employment savings trust

The current cap on contributions to the national employment savings trust will be abolished in 2017.”

39*

Insert the following new Clause—

“Deferred charges

The Secretary of State shall by regulations provide guidance on the level of deferred pension member charges.”

40*

Insert the following new Clause—

“Continued saving following employment lasting less than two years

The Secretary of State shall by regulations provide support for continuing savings towards a pension for persons with qualified pension schemes relating to periods of employment of less than 2 years.”

LORD STONEHAM OF DROXFORD

LORD GERMAN

41*

Insert the following new Clause—

“Charges

In section 26 of the 2008 Act (quality requirement: UK personal pension schemes), at the end of subsection (4)(b) insert “, taking into account the level of charges”.”

Clause 10

LORD MCKENZIE OF LUTON

BARONESS DRAKE

42*

Page 9, line 3, leave out “or most”

43*

Page 9, leave out line 5 and insert—

“(a) for no less than 95% at any one time, and all of the individual relevant jobholders routinely, and”

LORD FREUD

44

Page 9, line 17, at end insert—

“( ) In section 32 of the 2008 Act (power to modify by resolution) in subsection (1)(b) for the words after “the scheme” substitute “to satisfy—

(i) the requirements contained in section 20(1),

(ii) those requirements as modified under section 24(1)(a), or

(iii) a requirement prescribed under section 28(2)(b).””

After Clause 11

LORD FREUD

45

Insert the following new Clause—

“Arrangements where transitional conditions cease to be satisfied

In section 30(5) of the 2008 Act after “money purchase scheme” insert “or personal pension scheme”.”

After Clause 12

BARONESS HOLLIS OF HEIGHAM

46

Insert the following new Clause—

“Power of trustees to allow early access to lump sums

After section 32 of the 2008 Act (power of trustees to modify by resolution) insert—

“32A Power of trustees to allow early access to lump sums

Providing that the jobholder has at least £10,000 in his or her pension scheme, upon application to the trustees of the qualifying scheme or automatic enrolment scheme a jobholder may withdraw up to 25% of the total sum accrued at the time of the application in the jobholder’s NEST.””

Clause 14

BARONESS TURNER OF CAMDEN

47

Page 10, line 9, after “Britain” insert “as shown in the retail prices index”

48

Page 10, leave out lines 14 to 18

Schedule 4

LORD FREUD

49

Page 34, line 22, at end insert—

“In paragraph 24(1) (commutation of periodic compensation) for “becomes payable” substitute “commences”.”

50

Page 35, line 28, leave out sub-paragraph (3) and insert—

“( ) In sub-paragraph (5)—

(a) in paragraph (a) for the second “the” substitute “each”,

(b) omit the “and” at the end of that paragraph, and

(c) after paragraph (b) insert—

“(c) for the purposes of sub-paragraph (2), the definition of “underlying rate” in the case of periodic compensation under paragraph 5, 8, 11 or 15 applies as if the reference in paragraph (b) of the definition to the amount mentioned in sub-paragraph (3)(aa) of the paragraph in question was a reference to that amount reduced by the commutation percentage, and

(d) that amount (as so reduced) is attributable to post-1997 service and pre-1997 service in the same proportions as that amount would have been so attributable had no part of the periodic compensation been commuted.””

51

Page 37, line 41, at end insert—

“In paragraph 9(1) (commutation of periodic compensation) for “becomes payable” substitute “commences”.”

52

Page 38, line 27, at end insert—

“( ) In sub-paragraph (7)—

(a) after “references in” insert “paragraph (a) of”, and

(b) at the end insert “(and paragraph (aa) of the definition applies accordingly).””

After Clause 23

LORD GERMAN

LORD STONEHAM OF DROXFORD

53*

Insert the following new Clause—

“Occupational Pension Schemes (Investment) Regulations 2005

(1) The Secretary of State must publish guidance for occupational pension schemes on the implementation of Regulation 2(3) of the Occupational Pension Schemes (Investment) Regulations 2005 (statement of investment principles).

(2) In particular, such guidance must cover the type of information which may be provided under—

(a) Regulation 2(3)(b)(vi) (the extent (if at all) to which environmental, social and ethical considerations are taken into account in the selection, retention and realisation of investments), and

(b) Regulation 2(3)(c), (the fund’s policy (if any) in relation to the exercise of rights including voting rights, attaching to their investments).”

54*

Insert the following new Clause—

“Stakeholder Pension Schemes Regulations 2000

(1) The Secretary of State must publish guidance for stakeholder pension schemes on the implementation of Regulation 9 of the Stakeholder Pension Schemes Regulations 2000 (requirement for statement of investment for schemes not established under trust).

(2) In particular, such guidance must cover the type of information which may be provided under—

(a) Regulation 9(4)(f) (the extent (if at all) to which environmental, social and ethical considerations are taken into account in the selection, retention and realisation of investments), and

(b) Regulation 9(4)(g) (the fund’s policy (if any) in relation to the exercise of rights including voting rights, attaching to their investments).”

Clause 24

LORD MACKAY OF CLASHFERN

LORD FALCONER OF THOROTON

BARONESS MURPHY

55

Page 17, line 5, at end insert—

“(4A) The appropriate Minister must not make regulations under this section where the effect of those regulations is either—

(a) to impose an obligation on the person who would be the recipient of the relevant benefits to make a contribution to the cost of those benefits, when there was no such obligation in the person’s original contract of service as a judge; or

(b) to increase the level of any such contribution to a higher level than that specified in his original contract of service, except where the increase is in accordance with the terms of that person’s original contract of service and the increase is authorised in line with the consumer price index.

(4B) Where the appropriate Minister makes regulations in breach of subsection (4A), those regulations shall be void and of no effect only to the extent that they are in breach of subsection (4A), or consequential on such a breach.”