Committee (3rd Day)

Part of Public Service Pensions Bill – in the House of Lords at 4:00 pm on 21 January 2013.

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Photo of Lord Eatwell Lord Eatwell Shadow Spokesperson (Treasury) 4:00, 21 January 2013

I thank the Minister but this is unsatisfactory. It leaves an area of uncertainty hovering over smaller schemes, which may be in or may be out. I presume, therefore, that the Treasury will make a judgment as to what it thinks in its wisdom is right. I do not think that is a proper way to go forward and may return to this issue later. For the moment, I beg leave to withdraw the amendment.

Amendment 143A withdrawn.

Amendment 144

Moved by Lord Newby

144: Clause 28, page 15, line 30, leave out "which are closed under this section" and insert "to which subsection (2) applies"

Amendment 144 agreed.

Clause 28, as amended, agreed.

Schedule 10 agreed.

Clause 29 : Existing public body pension schemes: pension age

Amendment 145

Moved by Lord Newby

145: Clause 29, page 15, line 44, at end insert-

"( ) This section does not apply to a public body pension scheme which relates to a devolved body or office."

Amendment 145 agreed.

Clause 29, as amended, agreed.

Clause 30 agreed.

Schedule 11 agreed.

Clause 31: Parliamentary and other pension schemes: pension age

Amendment 146

Moved by Lord Naseby

146: Clause 31, page 16, line 8, leave out from beginning to end of line 39 and insert-

"(1) Schedule 6 to the Constitutional Reform and Governance Act 2010 (parliamentary and other pensions) is amended as follows.

(2) In paragraph 19, for sub-paragraph (3) substitute-

"(3) Sub-paragraph (2) does not apply if either-

(a) the trustees of the Fund consent to the new scheme making the provision, and the person making the new scheme is satisfied that the consent requirement is met, or

(b) the provision provides for a person's normal pension age or deferred pension age to change in consequence of a change in state pension age in respect of service after the provision comes into force, but not affecting that person's right (including a contingent right) or entitlement to or in respect of a pension or future pension payable from the Fund which has accrued in respect of service where that age does not change in consequence of a change in state pension age."

(3) In paragraph 19, at the end insert-

"(8) In this paragraph-

(a) "normal pension age", in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive benefits (without actuarial adjustment) on leaving that service (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise),

(b) "deferred pension age", in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive benefits under the scheme (without actuarial adjustment) after leaving that service at a time before normal pension age (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise), and

(c) "state pension age", in relation to a person, means the person's pensionable age as specified from time to time in Schedule 4 to the Pensions Act 1995.""