Welfare Reform and Pensions Bill - continued        House of Lords
SCHEDULE 12, CONSEQUENTIAL AMENDMENTS - continued
PART I, AMENDMENTS CONSEQUENTIAL ON PARTS III AND IV - continued
Family Law (Scotland) Act 1985 (c.37) - continued

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     12. - (1) Section 16 is amended as follows.
 
      (2) In section 16(2), for paragraph (b) there is substituted-
 
 
    "(b) under subsection (1)(b) above, if the agreement does not contain a term relating to pension sharing, on granting decree of divorce or within such time as the court may specify on granting decree of divorce; or
 
    (c) under subsection (1)(b) above, if the agreement contains a term relating to pension sharing-
 
      (i) where the order sets aside the agreement or varies the term relating to pension sharing, on granting decree of divorce; and
 
      (ii) where the order sets aside or varies any other term of the agreement, on granting decree of divorce or within such time thereafter as the court may specify on granting decree of divorce."
      (3) After that subsection there is inserted-
 
 
    "(2A) In subsection (2) above, a term relating to pension sharing is a term corresponding to provision which may be made in a pension sharing order and satisfying the requirements set out in section 24(1)(f) or 44(1)(f) of the Welfare Reform and Pensions Act 1999."
 
     13. In section 27(1), the following definitions are inserted at the appropriate places-
 
 
    ""benefits under a pension arrangement" includes any benefits by way of pension, including relevant state scheme rights, whether under a pension arrangement or not;
 
    "pension arrangement" means-
 
      (a) any occupational pension scheme within the meaning of the Pension Schemes Act 1993;
 
      (b) a personal pension scheme within the meaning of that Act;
 
      (c) a retirement annuity contract;
 
      (d) an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;
 
      (e) an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 25(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;
 
    "person responsible for a pension arrangement" means-
 
      (a) in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;
 
      (b) in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of "pension arrangement" above, the provider of the annuity;
 
      (c) in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;.
 
    "relevant state scheme rights" means-
 
      (a) entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and
 
      (b) entitlement, or prospective entitlement, to a pension under section 55A of the Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;
 
    "retirement annuity contract" means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
 
    "trustees or managers" in relation to an occupational pension scheme or a personal pension scheme means-
 
      (a) in the case of a scheme established under a trust, the trustees of the scheme; and
 
      (b) in any other case, the managers of the scheme;".
 
Social Security Contributions and Benefits Act 1992 (c.4)
     14. The Contributions and Benefits Act has effect subject to the following amendments.
 
     15. - (1) Section 20 is amended as follows.
 
      (2) In subsection (1), after paragraph (f) there is inserted-
 
 
    "(fa) shared additional pensions;".
      (3) In subsection (2), in the definition of "long-term benefit", after paragraph (d) there is inserted-
 
 
    "(e) a shared additional pension;".
     16. In section 21(1), after "41 below" there is inserted "or a shared additional pension under section 55A below".
 
     17. In section 39(1), (2) and (3), for "45A" there is substituted "45B".
 
     18. In section 43, at the end there is inserted-
 
 
    "(6) For the purposes of this section, a pension under section 55A below is not a retirement pension."
 
     19. In section 48A(4), for "45A" there is substituted "45B”."
 
     20. In section 48B(2) and (3), for "45A" there is substituted "45B".
 
     21. In section 48C(4), for "45A" there is substituted "45B".
 
     22. In section 54(1), at the end there is inserted "or to a shared additional pension".
 
 
Social Security Administration Act 1992 (c.5)
     23. The Administration Act is amended as follows.
 
     24. In section 150(1)-
 
 
    (a) after paragraph (c) there is inserted-
 
    "(ca) which are shared additional pensions;", and
 
    (b) after paragraph (d) there is inserted-
 
    "(da) which are the increases in the rates of shared additional pensions under section 55C of that Act;".
     25. In section 155A(1)(a)(i), after "retirement pension" there is inserted "or shared additional pension".
 
     26. In section 163(2)-
 
 
    (a) after paragraph (a) there is inserted-
 
    "(aa) any administrative expenses of the Secretary of State in supplying information about benefits under Part II of that Act in accordance with regulations under section 25D(2C)(a) of the Matrimonial Causes Act 1973, section 21(5) of the Matrimonial and Family Proceedings Act 1984 or section 10(8)(c) of the Family Law (Scotland) Act 1985;", and
 
    (b) in paragraph (b), for "that Act" there is substituted "the Contributions and Benefits Act".
     27. In section 165(5)(b), after "section 163(2)(a)" there is inserted "or (aa)".
 
 
Pension Schemes Act 1993 (c.48)
     28. The Pension Schemes Act 1993 has effect subject to the following amendments.
 
     29. In section 50(1)-
 
 
    (a) in paragraph, at the end there is inserted-
 
      "(iii) of safeguarded rights under the scheme;"
 
    (b) in paragraph (b), after "protected" there is inserted ", or safeguarded,".
     30. - (1) Section 52 is amended as follows.
 
      (2) In subsection (2A), at the end there is inserted-
 
 
    "(c) any persons who have safeguarded rights under the scheme or are entitled to any benefit giving effect to safeguarded rights under it."
      (3) In subsection (3)(b), after "protected", in both places, there is inserted ", or safeguarded,".
 
     31. - (1) Section 83 is amended as follows.
 
      (2) In subsection (1), before "benefits", in both places, there is inserted "relevant".
 
      (3) After that subsection there is inserted-
 
 
    "(1A) The following are relevant benefits for the purposes of subsection (1)-
 
 
    (a) any benefits payable otherwise than by virtue of rights which are attributable (directly or indirectly) to a pension credit, and
 
    (b) in the case of a salary related occupational pension scheme, any benefits payable by virtue of such rights, to the extent that the rights involve the member being credited by the scheme with notional pensionable service."
      (4) At the end there is inserted-
 
 
    "(4) For the purposes of this section, an occupational pension scheme is salary related if-
 
 
    (a) it is not a money purchase scheme, and
 
    (b) it does not fall within a prescribed class."
     32. In section 85, after "73(2)(b)" there is inserted "or 101D(2)(b)".
 
     33. In section 93, after subsection (1) there is inserted-
 
 
    "(1ZA) In subsection (1), references to accrued rights to benefit do not include rights which are attributable (directly or indirectly) to a pension credit."
 
     34. In section 93A, after subsection (1) there is inserted-
 
 
    "(1A) In subsection (1), the reference to benefits which have accrued does not include benefits which are attributable (directly or indirectly) to a pension credit."
 
     35. In section 94, after subsection (1A) there is inserted-
 
 
    "(1B) In subsection (1), references to benefits which have accrued do not include benefits which are attributable (directly or indirectly) to a pension credit."
 
     36. In section 96, there is inserted at the end-
 
 
    "(4) Where a member of an occupational pension scheme or a personal pension scheme-
 
 
    (a) is entitled to give a notice under section 101F(1) to the trustees or managers of the scheme, or
 
    (b) would be entitled to do so, but for section 101G(1),

he may not, if the scheme so provides, make an application to them under section 95 unless he also gives them a notice under section 101F(1)."
     37. - (1) Section 98 is amended as follows.
 
      (2) In subsection (5)-
 
 
    (a) after "part of the" there is inserted "relevant", and
 
    (b) for "any of the benefits mentioned in that section" there is substituted "benefits".
      (3) In subsection (8), after "section" there is inserted-
 
 
    ""relevant benefits" means any benefits not attributable (directly or indirectly) to a pension credit; and".
 
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