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Explanatory Notes
House of Commons
Session 2007-08
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Index to Pensions Bill
INTRODUCTION
THE BILL OVERVIEW
TERRITORIAL EXTENT
Territorial application: Wales
Territorial application: Scotland
COMMENTARY ON CLAUSES
Clause 2: Continuity of scheme membership
Clause 3: Automatic enrolment
Clause 4: Postponement of automatic enrolment
Clause 5: Automatic re-enrolment
Clause 6: Jobholder's right to opt in
Clause 7: Jobholder's right to opt out
Clause 8: Information to be given to jobholders
Clause 9: Information to be given to the Pensions Regulator
Clause 10: Introduction of employers' duties
Clause 12: Review of qualifying earnings band
Clause 13: Pay reference period
Clause 14: Qualifying schemes
Clause 15: Automatic enrolment schemes
Clause 16: Occupational pension schemes
Clause 17: Personal pension schemes
Clause 18: Quality requirement: UK money purchase schemes
Clause 19: Quality requirement: UK defined benefit schemes
58. Clause 19 provides that the quality requirement for defined benefits schemes depends on whether or not the jobholder is in contracted-out employment under the PSA 1993.
Clause 22: Quality requirement: UK hybrid schemes
Clause 23: Quality requirement: non-UK occupational pension schemes
Clause 24: Quality requirement: personal pension schemes
Clause 25: Power of trustees to modify by resolution
Clause 26: Deduction of contributions
Chapter 2: Compliance
Clause 28: Compliance notices
Clause 29: Third party compliance notices
Clause 30: Unpaid contributions notices
Clause 31: Calculation and payment of contributions
Clause 32: Fixed penalty notices
Clause 33: Escalating penalty notices
Clause 34: Penalty notices: recovery
Clause 35: Review of notices
Clause 36: References to the Pensions Regulator Tribunal
Clause 37: Offences of failing to comply
Clause 38: Offences of providing false or misleading information
Clause 40: Requirement to keep records
Clause 41: Powers to require information and to enter premises
Clause 42: Disclosure of information by Revenue and Customs
Clause 43: Information for private pensions policy and retirement planning
Clause 44: Penalty for disclosure
Clause 45: Objectives of the Regulator
Chapter 3: Protection of employment rights
Clause 47: Enforcement of the right
Clause 48: Right of employee not to be unfairly dismissed
Clause 49: Restrictions on agreements to limit operation of this Part
Chapter 4: Personal accounts
Clause 51: Scheme orders: general
Clause 52: Consultation of members and employers
Clause 53: Contribution limits
Clause 54: Procedure for scheme orders
Clause 55: Procedure for rules
Clause 56: Application of enactments
Clause 57: Trustee corporation
Schedule 1: The trustee corporation
Clause 58: Functions
Clause 59: Application of enactments
Clause 60: Interpretation of Chapter
Chapter 5: Personal Accounts Delivery Authority
Clause 62: Principles
Clause 63: Directions and Guidance
Clause 64: Finance
Clause 65: Disclosure of information by the Pensions Regulator
Clause 66: Non-executive committee
Clause 67: Winding up of the Authority
Chapter 6: Stakeholder pension schemes
Chapter 7: Interpretation
Clause 70: Agency workers
Clause 71: Crown employment
Clause 74: Exception for reserve and volunteer forces
Clause 76: Extension of definition of worker
Clause 77: Interpretation of Part
Part 2: Simplification etc.
Clause 79: Revaluation of accrued benefits etc
Schedule 2: Revaluation of accrued benefits etc.
Part 2
Part 3
Clause 80: Additional State Pension consolidation: Category A and graduated retirement benefit
Schedule 3: Additional Pension consolidation
Clause 81: State pension credit: extension of assessed income period for those aged 75 or over
Part 3: Pension compensation on divorce etc
Clause 83: Interpretation
Clause 84: Activation of pension compensation sharing
Clause 85: Creation of pension compensation debits and credits
Clause 86: Cash equivalents
Clause 87: Reduction of compensation
Clause 88: Time for discharge of liability
Clause 90: Discharge of liability
Schedule 4: Pension compensation payable on discharge of pension compensation credit
Part 2: Transferee attains pension compensation age before or on transfer day
Part 3: Transferee attains pension compensation after transfer day
Part 4: Provisions applicable irrespective of age of transfer day
Clause 91: Charges in respect of compensation sharing costs
Clause 92: Supply of information about compensation in relation to divorce etc.
Clause 94: Pension compensation sharing and attachment on divorce etc
Schedule 5: Pension compensation sharing and attachment on divorce etc: England and Wales
Clause 95: Consequential amendment
Chapter 2: Other provisions about pension compensation
Schedule 6: Amendments to Schedule 7 of the Pension Act 2004
Part 4: Miscellaneous
Clause 98: Interest on late payment of levies
Schedule 7: Interest on late payment of levies
Clause 99: Intervention by Regulator where scheme's technical provisions improperly determined
Clause 100: Exclusion of transfers out in certain cases
Clause 101: Official pensions: adjustment of increases in survivors' pensions
Clause 102: War pensions: effect of later marriage or civil partnership
Clause 103: Polish Resettlement Act 1947: effect of residence in Poland
Part 5: General
Clause 105: Orders and regulations: supplementary
Clause 107: General financial provisions
Clause 108: Repeals
Clause 110: Extent
FINANCIAL EFFECTS OF THE BILL
Administrative costs
EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER
SUMMARY OF THE IMPACT ASSESSMENT
Impact on individuals
Impact on employers
Impact on government
Impact on industry
Competition impacts
Impact on the macro economy
Gender Impacts
Disability impacts
EUROPEAN CONVENTION ON HUMAN RIGHTS
Part 1: Pension scheme membership for jobholders
Part 2: Simplification etc
Part 3: Pension compensation
Part 4: Miscellaneous
TRANSPOSITION NOTES
© Parliamentary copyright 2007
Prepared: 6 December 2007