LegalizeReform history
Public Service Pensions Act 2013
18 versions
· 2013-04-25
2022-04-01
Public Service Pensions Act 2013
2022-03-10
Public Service Pensions Act 2013
2018-05-14
Public Service Pensions Act 2013
2017-03-14
Public Service Pensions Act 2013
2017-01-31
Public Service Pensions Act 2013
2016-04-01
Public Service Pensions Act 2013
2015-04-01
Public Service Pensions Act 2013
2015-03-03
Public Service Pensions Act 2013
2014-08-15
Public Service Pensions Act 2013
2014-07-31
Public Service Pensions Act 2013
2014-04-02
Public Service Pensions Act 2013
2014-04-01
Public Service Pensions Act 2013
2014-02-28
Public Service Pensions Act 2013
2014-02-01
Public Service Pensions Act 2013
2013-12-01
Public Service Pensions Act 2013
2013-11-01
Public Service Pensions Act 2013
2013-06-25
Public Service Pensions Act 2013
Changes on 2013-06-25
@@ -6,7 +6,7 @@
##### 1
- (1) Regulations may establish schemes for the payment of pensions and other benefits to or in respect of persons specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted).
- (1) Regulations may establish schemes for the payment of pensions and other benefits to or in respect of persons specified in subsection (2).
- (2) Those persons are—
@@ -36,7 +36,7 @@
- (1) The persons who may make scheme regulations are set out in Schedule 2.
- (2) In this Act, the person who may make scheme regulations for any description of persons specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted) is called the “responsible authority” for the scheme for those persons.
- (2) In this Act, the person who may make scheme regulations for any description of persons specified in section 1(2) is called the “responsible authority” for the scheme for those persons.
#### Scheme regulations
@@ -58,7 +58,7 @@
- (c) allow any person to exercise a discretion.
- (4) The consequential provision referred to in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2013/25/section/3/2/b/enacted) includes consequential provision amending any primary legislation passed before or in the same session as this Act (as well as consequential provision amending any secondary legislation).
- (4) The consequential provision referred to in subsection (2)(b) includes consequential provision amending any primary legislation passed before or in the same session as this Act (as well as consequential provision amending any secondary legislation).
- (5) Scheme regulations require the consent of the Treasury before being made, unless one of the following exceptions applies.
@@ -84,13 +84,13 @@
- (3) The scheme manager may in particular be the responsible authority.
- (4) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/4/1/enacted) does not apply to a scheme under section 1 which is an injury or compensation scheme.
- (5) Scheme regulations may comply with the requirement in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/4/1/a/enacted) or (b) by providing for different persons to be responsible for managing or administering different parts of a scheme (and references in this Act to the “scheme manager”, in such a case, are to be construed accordingly).
- (4) Subsection (1) does not apply to a scheme under section 1 which is an injury or compensation scheme.
- (5) Scheme regulations may comply with the requirement in subsection (1)(a) or (b) by providing for different persons to be responsible for managing or administering different parts of a scheme (and references in this Act to the “scheme manager”, in such a case, are to be construed accordingly).
- (6) For the purposes of this Act, a scheme under section 1 and another statutory pension scheme are connected if and to the extent that the schemes make provision in relation to persons of the same description.
- (7) Scheme regulations may specify exceptions to subsection [(6)](https://www.legislation.gov.uk/ukpga/2013/25/section/4/6/enacted).
- (7) Scheme regulations may specify exceptions to subsection (6).
#### Pension board
@@ -116,17 +116,17 @@
- (ii) to be satisfied from time to time that none of the members of the board has a conflict of interest;
- (b) requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of provision under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/5/4/a/enacted);
- (b) requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of provision under paragraph (a);
- (c) requiring the board to include employer representatives and member representatives in equal numbers.
- (5) In subsection [(4)(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/5/4/a/enacted) “conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
- (6) In subsection [(4)(c)](https://www.legislation.gov.uk/ukpga/2013/25/section/5/4/c/enacted)—
- (a) “employer representatives” means persons appointed to the board for the purpose of representing employers for the scheme and any connected scheme;
- (b) “member representatives” means persons appointed to the board for the purpose of representing members of the scheme and any connected scheme.
- (5) In subsection (4)(a) “*conflict of interest*”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
- (6) In subsection (4)(c)—
- (a) “*employer representatives*” means persons appointed to the board for the purpose of representing employers for the scheme and any connected scheme;
- (b) “*member representatives*” means persons appointed to the board for the purpose of representing members of the scheme and any connected scheme.
- (7) Where the scheme manager of a scheme under section 1 is a committee of a local authority, the scheme regulations may provide for that committee also to be the board for the purposes of this section.
@@ -156,13 +156,13 @@
- (1) Scheme regulations for a scheme under section 1 which is a defined benefits scheme must provide for the establishment of a board with responsibility for providing advice to the responsible authority, at the authority's request, on the desirability of changes to the scheme.
- (2) Where, by virtue of section 4(5), there is more than one scheme manager for a scheme mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/1/enacted) (and accordingly there is more than one pension board for the scheme), the regulations may also provide for the board to provide advice (on request or otherwise) to the scheme managers or the scheme's pension boards in relation to the effective and efficient administration and management of—
- (2) Where, by virtue of section 4(5), there is more than one scheme manager for a scheme mentioned in subsection (1) (and accordingly there is more than one pension board for the scheme), the regulations may also provide for the board to provide advice (on request or otherwise) to the scheme managers or the scheme's pension boards in relation to the effective and efficient administration and management of—
- (a) the scheme and any statutory pension scheme that is connected with it, or
- (b) any pension fund of the scheme and any connected scheme.
- (3) A person to whom advice is given by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/2/enacted) must have regard to the advice.
- (3) A person to whom advice is given by virtue of subsection (1) or (2) must have regard to the advice.
- (4) The regulations must include provision—
@@ -172,9 +172,9 @@
- (ii) to be satisfied from time to time that none of the members of the board has a conflict of interest;
- (b) requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the responsible authority with such information as the authority reasonably requires for the purposes of provision under paragraph [(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/4/a/enacted).
- (5) In subsection [(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/4/enacted) [(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/4/a/enacted) “conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
- (b) requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the responsible authority with such information as the authority reasonably requires for the purposes of provision under paragraph (a).
- (5) In subsection (4) (a) “*conflict of interest*”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
- (6) In this Act, a board established under this section is called a “scheme advisory board”.
@@ -234,7 +234,7 @@
- (b) the negative Commons procedure, in any other case.
- (6) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/9/1/enacted) any gap in the person's pensionable service which does not exceed five years is to be disregarded.
- (6) For the purposes of subsection (1) any gap in the person's pensionable service which does not exceed five years is to be disregarded.
#### Pension age
@@ -272,11 +272,11 @@
- (5) In this Act—
- (a) “normal pension age”, in relation to a person and a scheme, means the earliest age at which the person is entitled to receive benefits under the scheme (without actuarial adjustment) on leaving the service to which the scheme relates (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 the person is entitled to receive benefits under the scheme (without actuarial adjustment) after leaving the service to which the scheme relates 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);
- (c) “state pension age”, in relation to a person, means the pensionable age of the person as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995.
- (a) “*normal pension age*”, in relation to a person and a scheme, means the earliest age at which the person is entitled to receive benefits under the scheme (without actuarial adjustment) on leaving the service to which the scheme relates (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 the person is entitled to receive benefits under the scheme (without actuarial adjustment) after leaving the service to which the scheme relates 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);
- (c) “*state pension age*”, in relation to a person, means the pensionable age of the person as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995.
### Cost control
@@ -292,7 +292,7 @@
- (2) Such a valuation is to be carried out in accordance with Treasury directions.
- (3) Treasury directions under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/11/2/enacted) may in particular specify—
- (3) Treasury directions under subsection (2) may in particular specify—
- (a) how and when a valuation is to be carried out;
@@ -306,9 +306,9 @@
- (f) the period within which any changes to the employer contribution rate under a scheme under section 1 must take effect following a valuation.
- (4) Treasury directions under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/11/2/enacted), and variations and revocations of such directions, may only be made after the Treasury has consulted the Government Actuary.
- (5) Scheme regulations for a scheme under section 1 which is not a defined benefits scheme may provide for actuarial valuations to be made of the scheme and any statutory pension scheme that is connected with it; and if they do, subsections [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/11/2/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/11/4/enacted) apply.
- (4) Treasury directions under subsection (2), and variations and revocations of such directions, may only be made after the Treasury has consulted the Government Actuary.
- (5) Scheme regulations for a scheme under section 1 which is not a defined benefits scheme may provide for actuarial valuations to be made of the scheme and any statutory pension scheme that is connected with it; and if they do, subsections (2) to (4) apply.
#### Employer cost cap
@@ -316,7 +316,7 @@
- (1) Scheme regulations for a scheme under section 1 which is a defined benefits scheme must set a rate, expressed as a percentage of pensionable earnings of members of the scheme, to be used for the purpose of measuring changes in the cost of the scheme.
- (2) In this section, the rate set under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/12/1/enacted) is called the “employer cost cap”.
- (2) In this section, the rate set under subsection (1) is called the “employer cost cap”.
- (3) The employer cost cap is to be set in accordance with Treasury directions.
@@ -340,7 +340,7 @@
- (b) the steps to be taken for that purpose if agreement is not reached under that procedure.
- (7) The steps referred to in subsection [(6)](https://www.legislation.gov.uk/ukpga/2013/25/section/12/6/enacted) may include the increase or decrease of members' benefits or contributions.
- (7) The steps referred to in subsection (6) may include the increase or decrease of members' benefits or contributions.
- (8) Treasury regulations under this section may—
@@ -428,7 +428,7 @@
- (b) provide scheme information to the Treasury.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/15/1/enacted), “scheme information” means information about the scheme and any statutory pension scheme that is connected with it.
- (2) In subsection (1), “*scheme information*” means information about the scheme and any statutory pension scheme that is connected with it.
- (3) The information to which Treasury directions under this section may relate includes in particular—
@@ -466,7 +466,7 @@
- (b) further provision for, or in connection with, the regulation of public service pension schemes within the meaning of the Pensions Act 2004 (as amended by that Schedule).
- (3) The provision referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/17/2/enacted) includes provision made by amending any legislation (including this Act).
- (3) The provision referred to in subsection (2) includes provision made by amending any legislation (including this Act).
- (4) An order under this section may make different provision for different purposes.
@@ -484,9 +484,9 @@
- (1) No benefits are to be provided under an existing scheme to or in respect of a person in relation to the person's service after the closing date.
- (2) In this Act “existing scheme” means a scheme listed in Schedule 5 (whether made before or after this section comes into force).
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) does not apply—
- (2) In this Act “*existing scheme*” means a scheme listed in Schedule 5 (whether made before or after this section comes into force).
- (3) Subsection (1) does not apply—
- (a) in relation to an existing scheme which is a defined contributions scheme;
@@ -498,27 +498,27 @@
- (b) 31 March 2015 in any other case.
This is subject to subsection [(7)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/7/enacted).
- (5) Scheme regulations may provide for exceptions to subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) in the case of—
This is subject to subsection (7).
- (5) Scheme regulations may provide for exceptions to subsection (1) in the case of—
- (a) persons who were members of an existing scheme, or who were eligible to be members of such a scheme, immediately before 1 April 2012, and
- (b) such other persons as the regulations may specify, being persons who before that date had ceased to be members of an existing scheme or to be eligible for membership of such a scheme.
- (6) Exceptions under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/5/enacted) may, in particular, be framed by reference to the satisfaction of a specified condition (for example, the attainment of normal pension age under the existing scheme or another specified age) before a specified date.
- (7) Where an exception to subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) is framed by reference to the satisfaction of a specified condition before a specified date, scheme regulations may also provide for a different closing date for persons in whose case the condition—
- (6) Exceptions under subsection (5) may, in particular, be framed by reference to the satisfaction of a specified condition (for example, the attainment of normal pension age under the existing scheme or another specified age) before a specified date.
- (7) Where an exception to subsection (1) is framed by reference to the satisfaction of a specified condition before a specified date, scheme regulations may also provide for a different closing date for persons in whose case the condition—
- (a) is not satisfied before the specified date, but
- (b) is satisfied no more than 4 years after that date.
- (8) Provision made under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/5/enacted) or [(7)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/7/enacted) may in particular be made by amending the relevant existing scheme.
- (8) Provision made under subsection (5) or (7) may in particular be made by amending the relevant existing scheme.
- (9) In subsection (1), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.
- (10) In subsection [(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/4/enacted), “relevant local government scheme” means regulations under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales.
- (10) In subsection (4), “*relevant local government scheme*” means regulations under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales.
#### Closure of existing injury and compensation schemes
@@ -526,9 +526,9 @@
- (1) Scheme regulations for a scheme under section 1 may secure that no benefits are to be provided under a scheme listed in Schedule 6 that is connected with it.
- (2) Where Schedule 6 specifies particular benefits in relation to a scheme, the power under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/19/1/enacted) is exercisable only in relation to those benefits.
- (3) Scheme regulations may provide for exceptions to subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/19/1/enacted).
- (2) Where Schedule 6 specifies particular benefits in relation to a scheme, the power under subsection (1) is exercisable only in relation to those benefits.
- (3) Scheme regulations may provide for exceptions to subsection (1).
- (4) Provision made under this section may in particular be made by amending the connected scheme.
@@ -536,7 +536,7 @@
##### 20
Schedule 7 contains provision for a “final salary link” in relation to schemes to which section 18(1) applies (and see section 31(14)).
Schedule 7 contains provision for a “*final salary link*” in relation to schemes to which section 18(1) applies (and see section 31(14)).
### Procedure for scheme regulations
@@ -546,9 +546,9 @@
- (1) Before making scheme regulations the responsible authority must consult such persons (or representatives of such persons) as appear to the authority likely to be affected by them.
- (2) The responsible authority must publish a statement indicating the persons that the authority would normally expect to consult under subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/21/1/enacted) (and keep the statement up-to-date).
- (3) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/21/1/enacted) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
- (2) The responsible authority must publish a statement indicating the persons that the authority would normally expect to consult under subsection (1) (and keep the statement up-to-date).
- (3) Subsection (1) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
#### Procedure for protected elements
@@ -558,45 +558,45 @@
- (2) The responsible authority must—
- (a) consult the persons specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/25/section/22/3/enacted) with a view to reaching agreement with them, and
- (a) consult the persons specified in subsection (3) with a view to reaching agreement with them, and
- (b) lay a report before the appropriate legislature.
- (3) The persons referred to in subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2013/25/section/22/2/a/enacted) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the regulations if they were made.
- (4) The report under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2013/25/section/22/2/b/enacted) must set out why the responsible authority proposes to make the regulations, having regard to the desirability of not making a change to the protected elements of a scheme under section 1 within the protected period.
- (3) The persons referred to in subsection (2)(a) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the regulations if they were made.
- (4) The report under subsection (2)(b) must set out why the responsible authority proposes to make the regulations, having regard to the desirability of not making a change to the protected elements of a scheme under section 1 within the protected period.
- (5) In this section—
- “the appropriate legislature” means— Parliament, where the responsible authority is the Secretary of State, the Minister for the Civil Service or the Lord Chancellor; the Scottish Parliament, where the responsible authority is the Scottish Ministers; the National Assembly for Wales, where the responsible authority is the Welsh Ministers;
- “protected period” means the period beginning with the coming into force of this section and ending with 31 March 2040;
- “protected elements”, in relation to a scheme under section 1, means— the extent to which the scheme is a career average revalued earnings scheme; members' contribution rates under the scheme; benefit accrual rates under the scheme.
- “*the appropriate legislature*” means—Parliament, where the responsible authority is the Secretary of State, the Minister for the Civil Service or the Lord Chancellor;the Scottish Parliament, where the responsible authority is the Scottish Ministers;the National Assembly for Wales, where the responsible authority is the Welsh Ministers;
- “*protected period*” means the period beginning with the coming into force of this section and ending with 31 March 2040;
- “*protected elements*”, in relation to a scheme under section 1, means—the extent to which the scheme is a career average revalued earnings scheme;members' contribution rates under the scheme;benefit accrual rates under the scheme.
- (6) In this section, references to a change to the protected elements do not include a change appearing to the responsible authority to be required by or consequential upon section 12 (employer cost cap).
- (7) In a case where this section applies, there is no requirement to consult under section 21[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/21/1/enacted).
- (7) In a case where this section applies, there is no requirement to consult under section 21(1).
#### Procedure for retrospective provision
##### 23
- (1) Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme, the authority must first obtain the consent of the persons referred to in subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/3/enacted).
- (1) Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme, the authority must first obtain the consent of the persons referred to in subsection (3).
- (2) Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority—
- (a) not to have significant adverse effects as specified in subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/1/enacted), but
- (a) not to have significant adverse effects as specified in subsection (1), but
- (b) to have significant adverse effects in any other way in relation to members of the scheme (for example, in relation to injury or compensation benefits),
the authority must first consult the persons specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/3/enacted) with a view to reaching agreement with them.
- (3) The persons referred to in subsections [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/2/enacted) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the provision if it were made.
- (4) The responsible authority must, in a case falling within subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/2/enacted), lay a report before the appropriate legislature (as defined in section 22).
- (5) In a case falling within subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/2/enacted) there is no requirement to consult under section 21[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/21/1/enacted).
the authority must first consult the persons specified in subsection (3) with a view to reaching agreement with them.
- (3) The persons referred to in subsections (1) and (2) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the provision if it were made.
- (4) The responsible authority must, in a case falling within subsection (1) or (2), lay a report before the appropriate legislature (as defined in section 22).
- (5) In a case falling within subsection (1) or (2) there is no requirement to consult under section 21(1).
#### Other procedure
@@ -606,7 +606,7 @@
- (a) they amend primary legislation,
- (b) section 23[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/23/2/enacted) (procedure for retrospective provision having significant adverse effects) applies, or
- (b) section 23(1) or (2) (procedure for retrospective provision having significant adverse effects) applies, or
- (c) they are scheme regulations for a scheme relating to the judiciary, unless the pension board for that scheme has stated that it considers the regulations to be minor or wholly beneficial.
@@ -622,27 +622,27 @@
- (1) Scheme regulations for a scheme under section 1 may make provision for the payment of pensions and other benefits to or in respect of—
- (a) persons who are specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted), but
- (a) persons who are specified in section 1(2), but
- (b) in relation to whom the responsible authority could not otherwise make a scheme under section 1.
- (2) Scheme regulations for a scheme under section 1 may make provision to deem persons of any description to fall within a given description of persons specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted).
- (3) Scheme regulations for a scheme under section 1 may specify persons, not being persons specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted), as persons to whom the scheme may potentially relate.
- (4) The persons specified under subsection [(3)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/3/enacted) may be any persons (other than persons specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted)) that the responsible authority considers appropriate.
- (2) Scheme regulations for a scheme under section 1 may make provision to deem persons of any description to fall within a given description of persons specified in section 1(2).
- (3) Scheme regulations for a scheme under section 1 may specify persons, not being persons specified in section 1(2), as persons to whom the scheme may potentially relate.
- (4) The persons specified under subsection (3) may be any persons (other than persons specified in section 1(2)) that the responsible authority considers appropriate.
- (5) The responsible authority may then at any time determine that the scheme is to relate to some or all of those persons.
- (6) By virtue of a determination under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/5/enacted) the scheme regulations then apply to the persons to whom the determination relates as they apply to other persons to or in respect of whom pensions and other benefits are provided under the scheme (or such class of other persons as may be specified in the determination).
- (7) Subsection [(6)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/6/enacted) is subject to—
- (6) By virtue of a determination under subsection (5) the scheme regulations then apply to the persons to whom the determination relates as they apply to other persons to or in respect of whom pensions and other benefits are provided under the scheme (or such class of other persons as may be specified in the determination).
- (7) Subsection (6) is subject to—
- (a) any special provision made in the scheme regulations, and
- (b) a direction under subsection [(8)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/8/enacted).
- (8) Scheme regulations made under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/3/enacted) in relation to any persons may include provision authorising the responsible authority by direction to modify provisions of the regulations in their application to those persons for the purpose of—
- (b) a direction under subsection (8).
- (8) Scheme regulations made under subsection (2) or (3) in relation to any persons may include provision authorising the responsible authority by direction to modify provisions of the regulations in their application to those persons for the purpose of—
- (a) securing appropriate protection against additional costs to the scheme that might result from the application of the scheme regulations to those persons,
@@ -654,11 +654,11 @@
- (ii) the organisational structures of their employers.
- (9) The responsible authority for a scheme under section 1 must publish a list of the persons to whom the scheme relates by virtue of determinations under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/5/enacted) (and keep the published list up-to-date).
- (10) A determination under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/5/enacted) may have retrospective effect.
- (11) Where, by virtue of section 4[(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/4/5/enacted), there is more than one scheme manager for a scheme under section 1, the responsible authority may delegate its functions under subsection [(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/5/enacted) or [(9)](https://www.legislation.gov.uk/ukpga/2013/25/section/25/9/enacted) to the scheme managers, subject to such conditions as the responsible authority considers appropriate.
- (9) The responsible authority for a scheme under section 1 must publish a list of the persons to whom the scheme relates by virtue of determinations under subsection (5) (and keep the published list up-to-date).
- (10) A determination under subsection (5) may have retrospective effect.
- (11) Where, by virtue of section 4(5), there is more than one scheme manager for a scheme under section 1, the responsible authority may delegate its functions under subsection (5) or (9) to the scheme managers, subject to such conditions as the responsible authority considers appropriate.
#### Non-scheme benefits
@@ -666,11 +666,11 @@
- (1) The scheme manager or employer for a scheme under section 1 may make such payments as the scheme manager or employer considers appropriate towards the provision, otherwise than by virtue of the scheme, of pensions and other benefits to or in respect of—
- (a) persons within the description of persons specified in section 1[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/2/enacted) for which the responsible authority may make the scheme, and
- (a) persons within the description of persons specified in section 1(2) for which the responsible authority may make the scheme, and
- (b) any other persons to whom the scheme relates by virtue of section 25.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/26/1/enacted) is subject to any provision made in the scheme regulations for the scheme that restricts or otherwise affects the power to make payments under that subsection.
- (2) Subsection (1) is subject to any provision made in the scheme regulations for the scheme that restricts or otherwise affects the power to make payments under that subsection.
#### Consequential and minor amendments
@@ -734,9 +734,9 @@
- (5) In this Act—
- “public body pension scheme” means a scheme (other than an existing scheme) established by a public authority for the payment of pensions and other benefits to or in respect of members or staff of a statutory body or the holder of a statutory office;
- “new public body pension scheme” means a public body pension scheme established after the coming into force of this section.
- “*public body pension scheme*” means a scheme (other than an existing scheme) established by a public authority for the payment of pensions and other benefits to or in respect of members or staff of a statutory body or the holder of a statutory office;
- “*new public body pension scheme*” means a public body pension scheme established after the coming into force of this section.
#### Restriction of certain existing public body pension schemes
@@ -746,23 +746,23 @@
- (2) The public authority responsible for the scheme must make provision to secure that no benefits are provided under the scheme to or in respect of a person in relation to the person's service after a date determined by the authority.
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) does not apply—
- (3) Subsection (2) does not apply—
- (a) in relation to a public body pension scheme which is a defined contributions scheme, or
- (b) to injury or compensation benefits.
- (4) The public authority responsible for a scheme to which subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies may provide for exceptions to the provision made under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted), and section 18[(6)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/6/enacted) and [(7)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/7/enacted) apply in relation to any such exceptions (reading references to scheme regulations as references to rules of the scheme).
- (5) Provision made under subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/4/enacted) may in particular be made by amending the public body pension scheme.
- (6) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.
- (7) If any of the persons to whom a scheme to which subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies relates are not eligible for membership of a scheme under section 1, the public authority responsible for the scheme may establish a new scheme for the payment of pensions or other benefits to or in respect of those persons (and see section 30).
- (8) Where a scheme to which subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies was established in exercise of a statutory function or other power, the function or power may not be exercised again so as to establish a new defined benefits scheme in relation to the body or office.
- (9) In the case of a scheme established by deed of trust, subsections [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/4/enacted) apply irrespective of the provisions of the deed or the law relating to trusts.
- (4) The public authority responsible for a scheme to which subsection (2) applies may provide for exceptions to the provision made under subsection (2), and section 18(6) and (7) apply in relation to any such exceptions (reading references to scheme regulations as references to rules of the scheme).
- (5) Provision made under subsection (2) or (4) may in particular be made by amending the public body pension scheme.
- (6) In subsection (2), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.
- (7) If any of the persons to whom a scheme to which subsection (2) applies relates are not eligible for membership of a scheme under section 1, the public authority responsible for the scheme may establish a new scheme for the payment of pensions or other benefits to or in respect of those persons (and see section 30).
- (8) Where a scheme to which subsection (2) applies was established in exercise of a statutory function or other power, the function or power may not be exercised again so as to establish a new defined benefits scheme in relation to the body or office.
- (9) In the case of a scheme established by deed of trust, subsections (2) and (4) apply irrespective of the provisions of the deed or the law relating to trusts.
- (10) A Treasury order may amend Schedule 10 so as to—
@@ -772,13 +772,13 @@
but may not add a devolved body or office.
- (11) A Treasury order under subsection [(10)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/10/enacted) may make consequential or supplementary provision, including in particular provision made by amending any legislation.
- (12) A Treasury order under subsection [(10)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/10/enacted) is subject to the negative procedure.
- (13) It is immaterial for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/1/enacted) whether a scheme is made before or after the coming into force of this section.
- (14) Schedule 7 contains provision for a “final salary link” in relation to schemes to which subsection [(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies.
- (11) A Treasury order under subsection (10) may make consequential or supplementary provision, including in particular provision made by amending any legislation.
- (12) A Treasury order under subsection (10) is subject to the negative procedure.
- (13) It is immaterial for the purposes of subsection (1) whether a scheme is made before or after the coming into force of this section.
- (14) Schedule 7 contains provision for a “*final salary link*” in relation to schemes to which subsection (2) applies.
#### Existing public body pension schemes: pension age
@@ -794,7 +794,7 @@
- (b) provision securing that changes in the person's normal or deferred pension age occurring in consequence of provision under paragraph (a) apply in relation to relevant accrued benefits (as well as other benefits).
- (2) In subsection (1)(b) “relevant accrued benefits”, in relation to a person and a scheme, means benefits accrued after the coming into force of the provision under subsection (1) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
- (2) In subsection (1)(b) “*relevant accrued benefits*”, in relation to a person and a scheme, means benefits accrued after the coming into force of the provision under subsection (1) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
- (3) This section does not apply to a public body pension scheme which relates to a devolved body or office.
@@ -822,10 +822,10 @@
> (1) Where the scheme provides for the normal or deferred pension age of a person under the scheme to be the same as the person's state pension age, provision for a change in the person's normal or deferred pension age in consequence of such provision to apply in relation to relevant accrued benefits (as well as other benefits).
> (2) Accordingly, paragraph 19(2) (protection of accrued rights) is to be disregarded in relation to any such provision.
> (3) 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);
> (c) “state pension age”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995;
> (d) “relevant accrued benefits”, in relation to a scheme, means benefits accrued after the coming into force of provision under sub-paragraph (1) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
> (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);
> (c) “*state pension age*”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995;
> (d) “*relevant accrued benefits*”, in relation to a scheme, means benefits accrued after the coming into force of provision under sub-paragraph (1) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
#### Members of the European Parliament
@@ -835,12 +835,12 @@
> (3B) Where a scheme under this section provides for the normal or deferred pension age of a person under the scheme to be the same as the person's state pension age, the scheme may make provision for a change in the person's normal or deferred pension age in consequence of such provision to apply in relation to relevant accrued benefits (as well as other benefits).
> (3C) In subsection (3B)—
> (a) “normal pension age”, in relation to a person and a scheme, means the earliest age at which a person with service as a Representative is entitled to receive benefits (without actuarial adjustment) on ceasing service as a Representative (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 service as a Representative is entitled to receive benefits under the scheme (without actuarial adjustment) after ceasing service as a Representative 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);
> (c) “state pension age”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995;
> (d) “relevant accrued benefits”, in relation to a scheme, means benefits accrued after the coming into force of provision under subsection (3B) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
> (a) “*normal pension age*”, in relation to a person and a scheme, means the earliest age at which a person with service as a Representative is entitled to receive benefits (without actuarial adjustment) on ceasing service as a Representative (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 service as a Representative is entitled to receive benefits under the scheme (without actuarial adjustment) after ceasing service as a Representative 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);
> (c) “*state pension age*”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995;
> (d) “*relevant accrued benefits*”, in relation to a scheme, means benefits accrued after the coming into force of provision under subsection (3B) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
> (3D) A scheme under this section may provide for any statutory provision relating to any matter connected with the pensions payable to or in respect of Members to have effect with respect to or in connection with Representatives, with such additions, omissions, amendments or other modifications as may be specified in the scheme.
> In this subsection “statutory provision” means any provision contained in an Act or in any instrument made under an Act (including an Act or instrument passed or made after the coming into force of this subsection).
> In this subsection “*statutory provision*” means any provision contained in an Act or in any instrument made under an Act (including an Act or instrument passed or made after the coming into force of this subsection).
### Review
@@ -862,7 +862,7 @@
- (c) the extent to which members of the Defence Fire and Rescue Service and Ministry of Defence Police are likely to take early retirement in consequence of section 10 (and on the consequences of taking early retirement for the persons taking it and for the taxpayer).
- (3) In this section “Defence Fire and Rescue Service” means the fire service maintained by the Secretary of State for Defence.
- (3) In this section “*Defence Fire and Rescue Service*” means the fire service maintained by the Secretary of State for Defence.
### General
@@ -874,101 +874,101 @@
- “the affirmative procedure” and “the affirmative Commons procedure” have the meanings given in section 38;
- “armed forces” has the meaning given in Schedule 1;
- “body” includes an unincorporated body or organisation of persons (for example, a committee or board of trustees);
- “career average revalued earnings scheme” has the meaning given in section 8(4);
- “civil servants” has the meaning given in Schedule 1;
- “compensation benefits” means benefits by way of compensation for loss of office or employment;
- “connected”, in relation to a scheme under section 1 and another statutory pension scheme, or a new public body pension scheme and another statutory pension scheme, has the meaning given by section 4(6);
- “*armed forces*” has the meaning given in Schedule 1;
- “*body*” includes an unincorporated body or organisation of persons (for example, a committee or board of trustees);
- “*career average revalued earnings scheme*” has the meaning given in section 8(4);
- “*civil servants*” has the meaning given in Schedule 1;
- “*compensation benefits*” means benefits by way of compensation for loss of office or employment;
- “*connected*”, in relation to a scheme under section 1 and another statutory pension scheme, or a new public body pension scheme and another statutory pension scheme, has the meaning given by section 4(6);
- “defined benefits scheme”: a pension scheme is a “defined benefits scheme” if or to the extent that the benefits that may be provided under the scheme are not money purchase benefits (within the meaning of the Pension Schemes Act 1993) or injury and compensation benefits;
- “defined contributions scheme”: a pension scheme is a “defined contributions scheme” if or to the extent that the benefits that may be provided under the scheme are money purchase benefits (within the meaning of the Pension Schemes Act 1993);
- “deferred pension age” has the meaning given in section 10(5);
- “devolved”: a body or office is “devolved” if or to the extent that provision about pensions payable to or in respect of members or staff of the body, or a holder of the office— would be within the legislative competence of the Northern Ireland Assembly were that provision contained in an Act of the Assembly, or is not a reserved matter within the meaning of the Scotland Act 1998;
- “earnings” includes any remuneration or profit derived from an employment;
- “employer”, in relation to a pension scheme, means— any employer of persons to whom the scheme relates, the person responsible for the remuneration of an office-holder to whom the scheme relates, or such other persons (in addition to, or instead of, any person falling within paragraph (a) or (b)) as scheme regulations or (in the case of a public body pension scheme) the rules of the scheme may provide;
- “existing scheme” has the meaning given in section 18(2);
- “final salary”, in relation to a person to or in respect of whom a pension under a pension scheme is payable, means the person's pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the person's pensionable service in relation to that scheme terminates;
- “*deferred pension age*” has the meaning given in section 10(5);
- “devolved”: a body or office is “devolved” if or to the extent that provision about pensions payable to or in respect of members or staff of the body, or a holder of the office—would be within the legislative competence of the Northern Ireland Assembly were that provision contained in an Act of the Assembly, oris not a reserved matter within the meaning of the Scotland Act 1998;
- “*earnings*” includes any remuneration or profit derived from an employment;
- “*employer*”, in relation to a pension scheme, means—any employer of persons to whom the scheme relates,the person responsible for the remuneration of an office-holder to whom the scheme relates, orsuch other persons (in addition to, or instead of, any person falling within paragraph (a) or (b)) as scheme regulations or (in the case of a public body pension scheme) the rules of the scheme may provide;
- “*existing scheme*” has the meaning given in section 18(2);
- “*final salary*”, in relation to a person to or in respect of whom a pension under a pension scheme is payable, means the person's pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the person's pensionable service in relation to that scheme terminates;
- “final salary scheme”: a pension scheme is a “final salary scheme” if entitlement to the pension payable to or in respect of a person which is based on the pensionable service of that person is or may be determined to any extent by reference to the person's final salary;
- “fire and rescue workers” has the meaning given in Schedule 1;
- “injury benefits” means benefits by way of compensation for incapacity or death as a result of injury or illness;
- “*fire and rescue workers*” has the meaning given in Schedule 1;
- “*injury benefits*” means benefits by way of compensation for incapacity or death as a result of injury or illness;
- “injury or compensation scheme”: a pension scheme is an “injury or compensation scheme” if it provides only for injury or compensation benefits (or both);
- “judiciary” has the meaning given in Schedule 1;
- “health service workers” has the meaning given in Schedule 1;
- “legislation” means primary or secondary legislation;
- “local authority” means— a local authority in England and Wales within the meaning of Part 1 of the Local Government and Housing Act 1989, or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
- “local government workers” has the meaning given in Schedule 1;
- “members of a police force” has the meaning given in Schedule 1;
- “*judiciary*” has the meaning given in Schedule 1;
- “*health service workers*” has the meaning given in Schedule 1;
- “*legislation*” means primary or secondary legislation;
- “*local authority*” means—a local authority in England and Wales within the meaning of Part 1 of the Local Government and Housing Act 1989, ora council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
- “*local government workers*” has the meaning given in Schedule 1;
- “*members of a police force*” has the meaning given in Schedule 1;
- “the negative procedure” and “the negative Commons procedure” have the meanings given in section 38;
- “normal pension age” has the meaning given in section 10[(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/10/5/enacted);
- “pension board” has the meaning given by section 5[(8)](https://www.legislation.gov.uk/ukpga/2013/25/section/5/8/enacted);
- “pension scheme” means a scheme for the payment of pensions or other benefits to or in respect of persons with service of a particular description;
- “pensionable earnings”, in relation to a pension scheme and a member of it, means earnings by reference to which a pension or other benefits under the scheme are calculated;
- “pensionable service”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme;
- “primary legislation” means an Act, Act of the Scottish Parliament, Act or Measure of the National Assembly for Wales or Northern Ireland legislation;
- “public authority” means— a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975), a statutory body or the holder of a statutory office, or a person exercising a statutory function;
- “public body pension scheme” and “new public body pension scheme” have the meanings given in section 30[(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/30/5/enacted);
- “responsible authority”, in relation to a scheme under section 1, has the meaning given by section 2[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/2/2/enacted);
- “scheme” includes arrangements of any description;
- “scheme advisory board” has the meaning given by section 7[(6)](https://www.legislation.gov.uk/ukpga/2013/25/section/7/6/enacted);
- “scheme manager”, in relation to a scheme under section 1, has the meaning given in section 4[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/4/2/enacted);
- “scheme regulations” has the meaning given in section 1[(4)](https://www.legislation.gov.uk/ukpga/2013/25/section/1/4/enacted);
- “secondary legislation” means an instrument made under primary legislation;
- “staff”, in relation to a body, includes any employee or officer of the body;
- “state pension age” has the meaning given in section 10[(5)](https://www.legislation.gov.uk/ukpga/2013/25/section/10/5/enacted);
- “*normal pension age*” has the meaning given in section 10(5);
- “*pension board*” has the meaning given by section 5(8);
- “*pension scheme*” means a scheme for the payment of pensions or other benefits to or in respect of persons with service of a particular description;
- “*pensionable earnings*”, in relation to a pension scheme and a member of it, means earnings by reference to which a pension or other benefits under the scheme are calculated;
- “*pensionable service*”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme;
- “*primary legislation*” means an Act, Act of the Scottish Parliament, Act or Measure of the National Assembly for Wales or Northern Ireland legislation;
- “*public authority*” means—a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975),a statutory body or the holder of a statutory office, ora person exercising a statutory function;
- “public body pension scheme” and “new public body pension scheme” have the meanings given in section 30(5);
- “*responsible authority*”, in relation to a scheme under section 1, has the meaning given by section 2(2);
- “*scheme*” includes arrangements of any description;
- “*scheme advisory board*” has the meaning given by section 7(6);
- “*scheme manager*”, in relation to a scheme under section 1, has the meaning given in section 4(2);
- “*scheme regulations*” has the meaning given in section 1(4);
- “*secondary legislation*” means an instrument made under primary legislation;
- “*staff*”, in relation to a body, includes any employee or officer of the body;
- “*state pension age*” has the meaning given in section 10(5);
- “statutory body” and “statutory office” mean a body or office established under any legislation;
- “statutory function” means a function conferred by any legislation;
- “statutory pension scheme” means— a pension scheme which is established by or under any legislation, and a public body pension scheme which is not so established;
- “teachers” has the meaning given in Schedule 1;
- “Treasury directions” means directions given by the Treasury;
- “Treasury order” means an order made by the Treasury;
- “Treasury regulations” means regulations made by the Treasury.
- “*statutory function*” means a function conferred by any legislation;
- “*statutory pension scheme*” means—a pension scheme which is established by or under any legislation, anda public body pension scheme which is not so established;
- “*teachers*” has the meaning given in Schedule 1;
- “*Treasury directions*” means directions given by the Treasury;
- “*Treasury order*” means an order made by the Treasury;
- “*Treasury regulations*” means regulations made by the Treasury.
#### Regulations, orders and directions
@@ -976,23 +976,23 @@
- (1) For the purposes of this Act any power of the Secretary of State, the Minister for the Civil Service, the Treasury, the Lord Chancellor or the Welsh Ministers to make regulations or an order is exercisable by statutory instrument.
- (2) In this Act, the “affirmative procedure” means—
- (2) In this Act, the “*affirmative procedure*” means—
- (a) in the case of regulations or an order of the Secretary of State, the Minister for the Civil Service or the Lord Chancellor, that the regulations or order may not be made unless a draft of the instrument containing them or it has been laid before, and approved by resolution of, each House of Parliament;
- (b) in the case of regulations of the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, the National Assembly for Wales.
- (3) In this Act, the “negative procedure” means—
- (3) In this Act, the “*negative procedure*” means—
- (a) in the case of regulations or an order of the Secretary of State, the Minister for the Civil Service, the Lord Chancellor or the Treasury, that the instrument containing them or it is subject to annulment in pursuance of a resolution of either House of Parliament;
- (b) in the case of regulations or an order of the Welsh Ministers, that the instrument containing them or it is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
- (4) In this Act, the “affirmative Commons procedure”, in relation to a Treasury order, means that the order may not be made unless a draft of the instrument containing it has been laid before, and approved by resolution of, the House of Commons.
- (5) In this Act, the “negative Commons procedure”, in relation to Treasury regulations or a Treasury order, means that the instrument containing them or it is subject to annulment in pursuance of a resolution of the House of Commons.
- (6) For regulations and orders of the Scottish Ministers, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act [2010 (asp 10)](https://www.legislation.gov.uk/asp/2010/10).
- (4) In this Act, the “*affirmative Commons procedure*”, in relation to a Treasury order, means that the order may not be made unless a draft of the instrument containing it has been laid before, and approved by resolution of, the House of Commons.
- (5) In this Act, the “*negative Commons procedure*”, in relation to Treasury regulations or a Treasury order, means that the instrument containing them or it is subject to annulment in pursuance of a resolution of the House of Commons.
- (6) For regulations and orders of the Scottish Ministers, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
- (7) Treasury directions under this Act may be varied or revoked.
@@ -1050,13 +1050,13 @@
##### 1
In this Act, “civil servants” means persons employed in the civil service of the State (not including the civil service of Northern Ireland).
In this Act, “*civil servants*” means persons employed in the civil service of the State (not including the civil service of Northern Ireland).
#### Judiciary
##### 2
- (1) In this Act, “the judiciary” means holders of an office specified in an order made by—
- (1) In this Act, “*the judiciary*” means holders of an office specified in an order made by—
- (a) the Secretary of State, in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, or
@@ -1070,15 +1070,15 @@
##### 3
- (1) In this Act, “local government workers” means persons employed in local government service and specified in scheme regulations.
- (2) In this paragraph, “local government service” means service specified in scheme regulations.
- (1) In this Act, “*local government workers*” means persons employed in local government service and specified in scheme regulations.
- (2) In this paragraph, “*local government service*” means service specified in scheme regulations.
#### Teachers
##### 4
In this Act, “teachers” includes persons who are employed otherwise than as teachers—
In this Act, “*teachers*” includes persons who are employed otherwise than as teachers—
- (a) in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or
@@ -1090,15 +1090,15 @@
##### 5
- (1) In this Act, “health service workers” means persons engaged in health services and specified in scheme regulations.
- (2) In this paragraph, “health services” means services specified in scheme regulations.
- (1) In this Act, “*health service workers*” means persons engaged in health services and specified in scheme regulations.
- (2) In this paragraph, “*health services*” means services specified in scheme regulations.
#### Fire and rescue workers
##### 6
In this Act, “fire and rescue workers” means persons employed by—
In this Act, “*fire and rescue workers*” means persons employed by—
- (a) a fire and rescue authority in England or Wales, or
@@ -1118,17 +1118,17 @@
##### 8
In this Act, “the armed forces” means the naval, military and air forces of the Crown.
In this Act, “*the armed forces*” means the naval, military and air forces of the Crown.
#### Transitional provision
##### 9
In relation to a time before the coming into force of section 101 of the Police and Fire Reform (Scotland) Act [2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), the reference in paragraph [6(b)](https://www.legislation.gov.uk/ukpga/2013/25/schedule/1/paragraph/6/b/enacted) to the Scottish Fire and Rescue Service is to be read as a reference to a relevant authority (as defined in section 6 of the Fire (Scotland) Act [2005 (asp 5)](https://www.legislation.gov.uk/asp/2005/5)).
In relation to a time before the coming into force of section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), the reference in paragraph 6(b) to the Scottish Fire and Rescue Service is to be read as a reference to a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)).
##### 10
In relation to a time before the coming into force of section 6 of the Police and Fire Reform (Scotland) Act 2012, the reference in paragraph [7(b)](https://www.legislation.gov.uk/ukpga/2013/25/schedule/1/paragraph/7/b/enacted) to the Police Service of Scotland is to be read as a reference to a police force within the meaning of the Police (Scotland) Act 1967.
In relation to a time before the coming into force of section 6 of the Police and Fire Reform (Scotland) Act 2012, the reference in paragraph 7(b) to the Police Service of Scotland is to be read as a reference to a police force within the meaning of the Police (Scotland) Act 1967.
## SCHEDULE 2
@@ -1304,7 +1304,7 @@
- (1) Section 13 (improvement notices) is amended as follows.
- (2) In subsection (3)(a), after “90” there is inserted “or 90A”.
- (2) In subsection (3)(a), after “90” there is inserted “ or 90A ”.
- (3) In subsection (7)—
@@ -1324,7 +1324,7 @@
> (2) A person appointed under this section may be any person appearing to the Regulator to have the necessary skills.
> (3) The pension board of a public service pension scheme must have regard to the advice of a person appointed under this section.
> (4) The costs of a person appointed under this section are to be met by the scheme manager of the scheme.
> (5) In subsection (1) “pensions legislation” has the same meaning as in section 13.
> (5) In subsection (1) “*pensions legislation*” has the same meaning as in section 13.
##### 5
@@ -1345,7 +1345,7 @@
- (a) in paragraph (a)—
- (i) after “occupational pension scheme” there is inserted “other than a public service pension scheme”;
- (i) after “occupational pension scheme” there is inserted “ other than a public service pension scheme ”;
- (ii) the final “and” is repealed;
@@ -1364,7 +1364,7 @@
;
- (b) in paragraph (b), for “such a scheme” there is substituted “an occupational or personal pension scheme”.
- (b) in paragraph (b), for “such a scheme” there is substituted “ an occupational or personal pension scheme ”.
##### 7
@@ -1393,7 +1393,7 @@
;
- (c) in paragraph (c), for “such a scheme” there is substituted “a work-based pension scheme”.
- (c) in paragraph (c), for “such a scheme” there is substituted “ a work-based pension scheme ”.
##### 9
@@ -1413,7 +1413,7 @@
;
- (b) in paragraph (e), for “(d)” there is substituted “(da)”.
- (b) in paragraph (e), for “(d)” there is substituted “ (da) ”.
##### 11
@@ -1437,7 +1437,7 @@
- (1) Section 90 (codes of practice) is amended as follows.
- (2) In subsection (4), after “code of practice” (where first occurring) there is inserted “issued under this section”.
- (2) In subsection (4), after “code of practice” (where first occurring) there is inserted “ issued under this section ”.
- (3) In subsection (7), at the end there is inserted “under this section”.
@@ -1473,7 +1473,7 @@
> (a) combined with a code of practice issued under section 90;
> (b) combined with one or more other codes of practice issued under this section.
> (7) A code of practice issued under this section may relate to all public service pension schemes or any one or more of them.
> (8) In this section, “relevant pensions legislation” means—
> (8) In this section, “*relevant pensions legislation*” means—
> (a) the enactments constituting “pensions legislation” within the meaning of section 90, and
> (b) sections 5(4) (pension board: conflicts of interest and representation), 6 (pension board: information), 14 (information about benefits) and 16 (records) of the Public Service Pensions Act 2013.
> (9) Sections 91 and 92 make provision about the procedure to be followed when a code of practice is issued or revoked under this section.
@@ -1482,11 +1482,9 @@
- (1) Section 91 (procedure for codes) is amended as follows.
- (2) In subsection (1), after “code of practice” there is inserted “under section 90 or 90A”.
- (3) In subsections (4)(a) and (10), after “90” there is inserted “or 90A”.
- (16) In section 92 (revocation of codes), in subsection (1), after “code of practice” there is inserted “under section 90 or 90A”.
- (2) In subsection (1), after “code of practice” there is inserted “ under section 90 or 90A ”.
- (3) In subsections (4)(a) and (10), after “90” there is inserted “ or 90A ”.
##### 17
@@ -1498,7 +1496,7 @@
##### 18
In section 154 (requirement to wind up schemes with sufficient assets), in subsection (14), after “public service pension scheme” there is inserted “(within the meaning of the Pension Schemes Act 1993)”.
In section 154 (requirement to wind up schemes with sufficient assets), in subsection (14), after “public service pension scheme” there is inserted “ (within the meaning of the Pension Schemes Act 1993) ”.
##### 19
@@ -1524,7 +1522,7 @@
;
- (b) in paragraph (a) for “a scheme” there is substituted “any other scheme”.
- (b) in paragraph (a) for “a scheme” there is substituted “ any other scheme ”.
##### 21
@@ -1535,7 +1533,7 @@
> (a) in accordance with the scheme rules, and
> (b) in accordance with the requirements of the law.
> (2) Nothing in this section affects any other obligations of the scheme manager to establish or operate internal controls, whether imposed by or by virtue of any enactment, the scheme rules or otherwise.
> (3) In this section, “enactment” and “internal controls” have the same meanings as in section 249A.
> (3) In this section, “*enactment*” and “*internal controls*” have the same meanings as in section 249A.
##### 22
@@ -1543,19 +1541,22 @@
- (2) In subsection (1), after the definition of “occupational pension scheme” there is inserted—
> - “pension board” has the same meaning as in the Public Service Pensions Act 2013 (see section 5 of that Act);
> “*pension board*” has the same meaning as in the Public Service Pensions Act 2013 (see section 5 of that Act);
.
- (3) After the definition of “professional adviser” in that subsection there is inserted—
> - “public service pension scheme” means, subject to subsection (6)— a scheme under section 1 of the Public Service Pensions Act 2013 (new public service schemes); a new public body pension scheme (within the meaning of that Act); any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b) (and for this purpose “statutory pension scheme” and “connected” have the meanings given in that Act);
> “*public service pension scheme*” means, subject to subsection (6)—
> (a) a scheme under section 1 of the Public Service Pensions Act 2013 (new public service schemes);
> (b) a new public body pension scheme (within the meaning of that Act);
> (c) any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b) (and for this purpose “statutory pension scheme” and “connected” have the meanings given in that Act);
.
- (4) After the definition of “the Regulator” in that subsection there is inserted—
> - “scheme manager”, in relation to a public service pension scheme, has the same meaning as in the Public Service Pensions Act 2013 (see section 4 of that Act);
> “*scheme manager*”, in relation to a public service pension scheme, has the same meaning as in the Public Service Pensions Act 2013 (see section 4 of that Act);
.
@@ -1585,11 +1586,11 @@
##### 4
A scheme constituted by or made under any provision of Part XIII of the [County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))](https://www.legislation.gov.uk/apni/1959/25).
A scheme constituted by or made under any provision of Part XIII of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)).
##### 5
A scheme constituted by or made under any provision of the [District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))](https://www.legislation.gov.uk/apni/1960/2).
A scheme constituted by or made under any provision of the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.)).
##### 6
@@ -1617,19 +1618,19 @@
##### 12
A scheme constituted by or made under paragraph 6 of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act [2003 (asp 13)](https://www.legislation.gov.uk/asp/2003/13).
A scheme constituted by or made under paragraph 6 of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
##### 13
A scheme constituted by or made under paragraph 9 of Schedule 1 to the Education (Additional Support for Learning) (Scotland) Act [2004 (asp 4)](https://www.legislation.gov.uk/asp/2004/4).
A scheme constituted by or made under paragraph 9 of Schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).
##### 14
A scheme constituted by paragraph 2(1)(b) of Schedule 2 to the Charities and Trustee Investment (Scotland) Act [2005 (asp 10)](https://www.legislation.gov.uk/asp/2005/10), so far as relating to payment of pension benefits.
A scheme constituted by paragraph 2(1)(b) of Schedule 2 to the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), so far as relating to payment of pension benefits.
##### 15
A scheme constituted by paragraph 6(3) of Schedule 11 to the [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1).
A scheme constituted by paragraph 6(3) of Schedule 11 to the Welsh Language (Wales) Measure 2011 (nawm 1).
#### Local government workers
@@ -1671,7 +1672,7 @@
##### 23
A scheme under section 48 of the Police and Fire Reform (Scotland) Act [2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8).
A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
#### Armed forces
@@ -1701,7 +1702,7 @@
*Exception*: injury benefits and compensation benefits
- (2) For the purposes of sub-paragraph (1), “compensation benefits” includes benefits by way of payments for resettlement or retraining.
- (2) For the purposes of sub-paragraph (1), “*compensation benefits*” includes benefits by way of payments for resettlement or retraining.
## SCHEDULE 6
@@ -1757,7 +1758,7 @@
##### 10
A scheme under section 48 of the Police and Fire Reform (Scotland) Act [2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8).
A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
#### Armed forces
@@ -1787,7 +1788,7 @@
*Specified benefits*: injury benefits and compensation benefits
- (2) For the purposes of sub-paragraph (1), “compensation benefits” includes benefits by way of payments for resettlement or retraining.
- (2) For the purposes of sub-paragraph (1), “*compensation benefits*” includes benefits by way of payments for resettlement or retraining.
##### 17
@@ -1807,9 +1808,9 @@
- (1) This paragraph applies in a case where—
- (a) a person is a member of an existing scheme to which section 18[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) applies or a scheme to which section 31[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies (“the old scheme”) by virtue of his or her pensionable service for that scheme (“the old scheme service”), and
- (b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“the new scheme”) by virtue of his or her pensionable service for that scheme (“the new scheme service”).
- (a) a person is a member of an existing scheme to which section 18(1) applies or a scheme to which section 31(2) applies (“*the old scheme*”) by virtue of his or her pensionable service for that scheme (“the old scheme service”), and
- (b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“*the new scheme*”) by virtue of his or her pensionable service for that scheme (“the new scheme service”).
- (2) If, in a case where this paragraph applies—
@@ -1831,11 +1832,11 @@
- (1) This paragraph applies in a case where—
- (a) a person has been a member of an existing scheme to which section 18[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) applies or a scheme to which section 31[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies (“the old scheme”) by virtue of his or her pensionable service for that scheme (“the old scheme service”),
- (b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“the new scheme”) by virtue of his or her pensionable service for that scheme (“the new scheme service”),
- (c) the person's rights to benefit under the old scheme have been transferred after the date referred to in section 18[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) or 31[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) to an existing scheme to which section 18[(1)](https://www.legislation.gov.uk/ukpga/2013/25/section/18/1/enacted) applies or a scheme to which section 31[(2)](https://www.legislation.gov.uk/ukpga/2013/25/section/31/2/enacted) applies (“the transfer scheme”), and
- (a) a person has been a member of an existing scheme to which section 18(1) applies or a scheme to which section 31(2) applies (“*the old scheme*”) by virtue of his or her pensionable service for that scheme (“the old scheme service”),
- (b) the person is also a member of a scheme under section 1 or a new public body pension scheme (“*the new scheme*”) by virtue of his or her pensionable service for that scheme (“the new scheme service”),
- (c) the person's rights to benefit under the old scheme have been transferred after the date referred to in section 18(1) or 31(2) to an existing scheme to which section 18(1) applies or a scheme to which section 31(2) applies (“*the transfer scheme*”), and
- (d) the old scheme service is treated, by virtue of that transfer, as pensionable service of the person for the transfer scheme (“the deemed transfer scheme service”).
@@ -1867,7 +1868,7 @@
- (c) two or more gaps in service where the person was not in pensionable public service, if none of the gaps exceeds five years.
- (2) In this paragraph, “pensionable public service” means service which is pensionable service in relation to—
- (2) In this paragraph, “*pensionable public service*” means service which is pensionable service in relation to—
- (a) a scheme under section 1, or
@@ -1930,18 +1931,18 @@
> references in section 8(2) above to the service in respect of which a pension is payable include the person's new scheme service (within the meaning of Schedule 7 to the 2013 Act).
> (2) In a case where—
> (a) a person is a member of a relevant old scheme by virtue of pensionable service for that scheme (“the relevant old scheme service”),
> (b) the person is also a member of a scheme under section 1 of the 2013 Act or a new public body pension scheme (“the new scheme”) by virtue of pensionable service for that scheme (“the new scheme service”),
> (b) the person is also a member of a scheme under section 1 of the 2013 Act or a new public body pension scheme (“*the new scheme*”) by virtue of pensionable service for that scheme (“the new scheme service”),
> (c) the relevant old scheme service and the new scheme service are continuous, and
> (d) the person's employer in relation to the relevant old scheme service is the person's employer in relation to the new scheme service (or any other employer in relation to the new scheme),
> references in section 8(2) above to the service in respect of which a pension is payable include the person's new scheme service.
> (3) In this section—
> (a) “relevant old scheme” means a career average revalued earnings scheme (within the meaning of the 2013 Act) to which section 18(1) or 31(2) of that Act applies (restriction of benefits under existing schemes);
> (b) “employer”, “new public body pension scheme” and “pensionable service” have the same meanings as in that Act.
> (a) “*relevant old scheme*” means a career average revalued earnings scheme (within the meaning of the 2013 Act) to which section 18(1) or 31(2) of that Act applies (restriction of benefits under existing schemes);
> (b) “*employer*”, “*new public body pension scheme*” and “*pensionable service*” have the same meanings as in that Act.
> (4) For the purposes of subsection (2)—
> (a) paragraphs 3 and 4 of Schedule 7 to the 2013 Act (continuity of employment etc) apply as they apply for the purposes of paragraphs 1(2) and 2(2) of that Schedule;
> (b) regulations under section 1 of the 2013 Act (in the case of a new scheme under that section) or rules (in the case of a new public body pension scheme) may provide that where a pension is in payment under a relevant old scheme, references in section 8(2) above to the service in respect of which a pension is payable do not include any subsequent period of pensionable service in relation to a scheme under section 1 of the 2013 Act or a new public body pension scheme.
> (5) Provision made under subsection (4)(b) may in particular be made by amending the relevant old scheme.
> (6) In this section, “the 2013 Act” means the Public Service Pensions Act 2013.
> (6) In this section, “*the 2013 Act*” means the Public Service Pensions Act 2013.
##### 5
@@ -1953,7 +1954,7 @@
- (3) After paragraph 4A there is inserted—
> (4B) A pension payable under a scheme made by the the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).
> (4B) A pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(b) of that Act (judiciary).
- (4) After paragraph 15A there is inserted—
@@ -2039,7 +2040,7 @@
##### 13
In section 2 of the House of Commons (Administration) Act 1978 (functions of House of Commons Commission), in subsection (3), after “kept in line with the provisions of” there is inserted “, or provided under,”.
In section 2 of the House of Commons (Administration) Act 1978 (functions of House of Commons Commission), in subsection (3), after “kept in line with the provisions of” there is inserted “ , or provided under, ”.
#### Judicial Pensions Act 1981 (c. 20)
@@ -2083,7 +2084,7 @@
- (1) Section 71 (short service benefit) is amended as follows.
- (2) In subsection (3), for “subsection (4)” there is substituted “subsections (4) and (5A)”.
- (2) In subsection (3), for “subsection (4)” there is substituted “ subsections (4) and (5A) ”.
- (3) After subsection (5) there is inserted—
@@ -2096,7 +2097,7 @@
> (1B) The reference in subsection (1)(a)(iii) to normal pension age is to be read, in relation to a person who is an active or deferred member of a scheme under section 1 or 31(7) of the Public Service Pensions Act 2013, as—
> (a) the member's normal pension age within the meaning of that Act, or
> (b) the member's deferred pension age within the meaning of that Act, if that is later.
> In this subsection “active member” and “deferred member”, in relation to such a scheme, have the meanings given by section 124(1) of the Pensions Act 1995.
> In this subsection “active member” and “*deferred member*”, in relation to such a scheme, have the meanings given by section 124(1) of the Pensions Act 1995.
#### Merchant Shipping Act 1995 (c. 21)
@@ -2176,7 +2177,9 @@
In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in Part A of paragraph 4, at the end there is inserted—
> - *Public Service Pensions Act 2013* Schedule 1, paragraph [2(1)](https://www.legislation.gov.uk/ukpga/2013/25/schedule/1/paragraph/2/1/enacted). Schedule 2, paragraph [2](https://www.legislation.gov.uk/ukpga/2013/25/schedule/2/paragraph/2/enacted)
> *Public Service Pensions Act 2013*
> Schedule 1, paragraph 2(1).
> Schedule 2, paragraph 2
.
@@ -2184,7 +2187,7 @@
##### 30
In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in subsection (2)(c), after “kept in line with the provisions of” there is inserted “, or provided under,”.
In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in subsection (2)(c), after “kept in line with the provisions of” there is inserted “ , or provided under, ”.
#### Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
@@ -2198,8 +2201,8 @@
> (c) becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of the State,
> the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012.
> (11B) In sub-paragraph (11A)—
> (a) “relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;
> (b) “civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.
> (a) “*relevant LSC scheme*” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;
> (b) “*civil service scheme*” means a scheme under section 1 of the Superannuation Act 1972.
## SCHEDULE 9
@@ -2218,7 +2221,7 @@
After section 1 there is inserted—
> (1A)
> (1) The Minister may specify an employment or office in a list produced for the purposes of section 1(4A) if subsection [(2)](#p00168), [(3)](#p00169) or [(4)](#p00170) applies in relation to the employment or office.
> (1) The Minister may specify an employment or office in a list produced for the purposes of section 1(4A) if subsection (2), (3) or (4) applies in relation to the employment or office.
> (2) This subsection applies to an employment or office if—
> (a) at any time on or after the commencement of this section, the employment or office ceases to be of a kind mentioned in section 1(4), and
> (b) immediately before that time, persons serving in the employment or office are, or are eligible to be, members of a scheme under section 1 by virtue of section 1(4).
@@ -2228,7 +2231,7 @@
> (4) This subsection applies to an employment or office if—
> (a) it is of a description prescribed by regulations, and
> (b) the Minister determines that it is appropriate for it to be specified for the purposes of section 1(4A).
> (5) The power to specify an employment or office in reliance on subsection [(4)](#p00170) may be exercised so as to have retrospective effect.
> (5) The power to specify an employment or office in reliance on subsection (4) may be exercised so as to have retrospective effect.
> (6) The Minister—
> (a) may at any time amend a list produced under this section, and
> (b) must publish the list (and any amendments to it).
@@ -2336,15 +2339,15 @@
- (2) In section 1 (salaries), in subsection (2), for the words from “at such rate” to the end there is substituted
> of—
> (a) £68,827, where the Lord Chancellor is a member of the House of Commons;
> (b) otherwise, £101,038.
> (a) £68,827, where the Lord Chancellor is a member of the House of Commons;
> (b) otherwise, £101,038.
- (3) In that section, after subsection (5) there is inserted—
> (6) Where a person who holds office as Lord Chancellor (and to whom a salary is accordingly payable under subsection (2)) is also the holder of one or more other offices in respect of which a salary is payable under this section, he shall only be entitled to one of those salaries.
> (7) If, in the case of a person mentioned in subsection (6), there is a difference between the salaries payable in respect of the offices held by him, the office in respect of which a salary is payable to him shall be that in respect of which the highest salary is payable.
- (4) In section 1A (alteration of salaries), in subsection (1), after “section 1(1),” insert “(2)(a) or (b),”.
- (4) In section 1A (alteration of salaries), in subsection (1), after “section 1(1),” insert “ (2)(a) or (b), ”.
#### Closure of existing arrangements
@@ -2368,16 +2371,6 @@
The provisions listed in the following table (which includes spent provisions) are repealed—
| Act | Extent of repeal |
| --- | --- |
| [Pensions (Increase) Act 1971 (c. 56)](https://www.legislation.gov.uk/ukpga/1971/56) | In Schedule 2, paragraphs 1 to 3. |
| [Parliamentary and other Pensions Act 1972 (c. 48)](https://www.legislation.gov.uk/ukpga/1972/48) | Sections 31, 36 and 37. |
| Ministerial and other Pensions and Salaries Act [1991 (c. 5)](https://www.legislation.gov.uk/ukpga/1991/5) | Sections 1 and 3(1). |
| [Parliamentary and other Pensions Act 1987 (c. 45)](https://www.legislation.gov.uk/ukpga/1987/45) | In Schedule 3, paragraph 4. |
| [Pensions Act 1995 (c. 26)](https://www.legislation.gov.uk/ukpga/1995/26) | Section 170. |
| [Civil Partnership Act 2004 (c. 33)](https://www.legislation.gov.uk/ukpga/2004/33) | In Schedule 25, paragraph 3. |
| [Constitutional Reform and Governance Act 2010 (c. 25)](https://www.legislation.gov.uk/ukpga/2010/25) | In Schedule 6, paragraphs 36 and 37. |
#### Saving and transitional
##### 8
@@ -2525,37 +2518,3 @@
[^key-7c730062708523f587f3df8cacab295c]: [S. 10](https://www.legislation.gov.uk/ukpga/2013/25/section/10) in force at 25.6.2013 for specified purposes by [S.I. 2013/1518](https://www.legislation.gov.uk/uksi/2013/1518), [art. 2(a)](https://www.legislation.gov.uk/uksi/2013/1518/article/2/a)
[^key-9f7b8bc6eb47ce2e480ff7876c763296]: [S. 36](https://www.legislation.gov.uk/ukpga/2013/25/section/36) in force at 25.6.2013 by [S.I. 2013/1518](https://www.legislation.gov.uk/uksi/2013/1518), [art. 2(b)](https://www.legislation.gov.uk/uksi/2013/1518/article/2/b)
##### 15
United Kingdom Research and Innovation.
##### 12A
- (1) Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.
- (2) Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.
- (3) This section applies to a scheme under section 1 which—
- (a) is a restricted scheme, and
- (b) is specified for the purposes of this section in Treasury regulations.
- (4) For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any enactment restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.
- (5) Treasury regulations under this section may include consequential or supplementary provision.
- (6) Treasury regulations under this section are subject to the negative Commons procedure.
##### 25A
- (1) Subsection (2) applies where—
- (a) scheme regulations come into force establishing a scheme under section 1 for the judiciary, and
- (b) subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “the judiciary”).
- (2) Scheme regulations for the scheme mentioned in subsection [(1)(a)](#p00526) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection [(1)(b)](#p00527) is determined by reference to service which takes place before (as well as after) the order comes into force.
- (3) This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).
2013-04-25
Public Service Pensions Act 2013
original version
Text at this date