Welfare Reform and Pensions Bill - continued        House of Lords
SCHEDULE 12, CONSEQUENTIAL AMENDMENTS - continued
PART I, AMENDMENTS CONSEQUENTIAL ON PARTS III AND IV - continued
Pension Schemes Act 1993 (c.48) - continued

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     38. - (1) Section 100 is amended as follows.
 
      (2) In subsection (1), for "subsection (2)" there is substituted "subsections (2) and (2A)".
 
      (3) After subsection (2) there is inserted-
 
 
    "(2A) If the making of the application depended on the giving of a notice under section 101F(1), the application may only be withdrawn if the notice is also withdrawn."
 
     39. - (1) Section 129 is amended as follows.
 
      (2) In subsection (1), after "Part IV," there is inserted "Chapters I and II of Part IVA,".
 
      (3) In subsection (2), for "does" there is substituted "and Chapter II of Part IVA do".
 
     40. - (1) Section 178 is amended as follows.
 
      (2) In paragraph (a)-
 
 
    (a) the words "or of" are omitted, and
 
    (b) at the end there is inserted ", section 25D of the Matrimonial Causes Act 1973 or Part IV of the Welfare Reform and Pensions Act 1999."
      (3) In paragraph (b), after "Part IV," there is inserted "Chapter I of Part IVA,".
 
     41. In section 181(1)-
 
 
    (a) after the definition of "occupational pension scheme" there is inserted-
 
    ""pension credit" means a credit under section 25(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;",
 
    (b) after the definition of "rights" there is inserted-
 
    ""safeguarded rights" has the meaning given in section 68A;"
 
Pensions Act 1995 (c.26)
     42. The Pensions Act 1995 has effect subject to the following amendments.
 
     43. In section 3(2)(a)-
 
 
    (a) in sub-paragraph (ii), after "values)," there is inserted "Chapter II of Part IVA (pension credit benefit transfer values)", and
 
    (b) after that sub-paragraph there is inserted "or
 
      (iii) the following provisions of the Welfare Reform and Pensions Act 1999: section 29 (time for discharge of pension credit liability) and section 41 (information),".
     44. - (1) Section 16 is amended as follows.
 
      (2) In subsections (1)(a) and (6)(a), before "members" there is inserted "qualifying".
 
      (3) In subsection (8)-
 
 
    (a) after "a", in the second place, there is inserted "qualifying",
 
    (b) for "a member of the scheme", in the second place, there is substituted "such a member".
     45. In section 17(4)(a), before "members" there is inserted "qualifying".
 
     46. - (1) Section 18 is amended as follows.
 
      (2) In subsections (1)(a) and (6)(a), before "members" there is inserted "qualifying".
 
      (3) In subsection (7)-
 
 
    (a) after "a", in the second place, there is inserted "qualifying",
 
    (b) for "a member of the scheme", in the second place, there is substituted "such a member".
     47. In section 20(5), after "a", in the second place, there is inserted "qualifying".
 
     48. In section 21(7)-
 
 
    (a) after "section" there is inserted-
 
    "(a) "qualifying member", in relation to a trust scheme, means a person who is an active, deferred or pensioner member of the scheme, and
 
    (b) ",

and
 
    (b) before "members" there is inserted "qualifying".
     49. - (1) Section 38 is amended as follows.
 
      (2) In subsection (1), for the words from "that the scheme" to the end there is substituted-
 
 
    "(a) that the scheme is not for the time being to be wound up but that no new members are to be admitted to it, or
 
    (b) that the scheme is not for the time being to be wound up but that no new members, except pension credit members, are to be admitted to it."
      (3) In subsection (2), the words from "but" to the end are omitted.
 
      (4) After that subsection there is inserted-
 
 
    "(2A) Subsection (2) does not authorise the trustees to determine-
 
 
    (a) where there are accrued rights or pension credit rights to any benefit, that the benefit is not to be increased, or
 
    (b) where the power conferred by that subsection is exercisable by virtue of a determination under subsection (1)(b), that members of the scheme may not acquire pension credit rights under it."
     50. In section 51(6), after "a pension" there is inserted "which is attributable (directly or indirectly) to a pension credit or".
 
     51. In section 53, after subsection (3) there is inserted-
 
 
    "(3A) In subsections (1) and (2), the references to a person's pension do not include any pension which is attributable (directly or indirectly) to a pension credit."
 
     52. - (1) Section 67 is amended as follows.
 
      (2) In subsection (2), for "or accrued right," there is substituted "accrued right or pension credit right".
 
      (3) In subsection (4)(a), for "or accrued rights," there is substituted "accrued rights or pension credit rights".
 
      (4) For subsection (5) there is substituted-
 
 
    "(5) Subsection (2) does not apply to the exercise of a power-
 
 
    (a) for a purpose connected with debits under section 25(1)(a) of the Welfare Reform and Pensions Act 1999, or
 
    (b) in a prescribed manner."
     53. In section 68(2), for "and" at the end of paragraph (d) there is substituted-
 
 
    "(da) to enable the scheme to accommodate persons with pension credits or pension credit rights, and".
     54. In section 73, after subsection (3) there is inserted-
 
 
    "(3A) No pension or other benefit which is attributable (directly or indirectly) to a pension credit may be regarded for the purposes of subsection (3)(a) as derived from the payment of voluntary contributions."
 
     55. In section 74(3)(b), at the end there is inserted "or pension credit rights".
 
     56. - (1) Section 91 is amended as follows.
 
      (2) In subsection (1), for the words from ", or has" to "occupational pension scheme" there is substituted "to a pension under an occupational pension scheme or has a right to a future pension under such a scheme".
 
      (3) In subsection (2), for the words from ", or" to "scheme" there is substituted "to a pension under an occupational pension scheme, or right to a future pension under such a scheme,".
 
      (4) In subsection (5)-
 
 
    (a) for the words from ", or has" to "scheme" there is substituted "to a pension under an occupational pension scheme, or has a right to a future pension under such a scheme",
 
    (b) in paragraph (d), for "accrued right, to pension" there is substituted "right,", and
 
    (c) in paragraph (e), for "accrued right, to pension" there is substituted "right".
     57. - (1) Section 92 is amended as follows.
 
      (2) In subsection (1), for the words from ", or" to "scheme" there is substituted "to a pension under an occupational pension scheme or a right to a future pension under such a scheme".
 
      (3) In subsection (4), for the words from "person entitled" to "accrued" there is substituted "pensioner, or prospective pensioner".
 
     58. - (1) Section 93 is amended as follows.
 
      (2) In subsection (1), for the words from ", or" to "scheme" there is substituted "to a pension under an occupational pension scheme or right to a future pension under such a scheme".
 
      (3) In subsection (2)-
 
 
    (a) for "accrued right to a pension" there is substituted "right", and
 
    (b) for "accrued right to a pension under the scheme" there is substituted "right".
      (4) In subsection (4), for "accrued right to a pension" there is substituted "right".
 
     59. In section 99(2)-
 
 
    (a) in paragraph (b), after "values)," there is inserted "Chapter II of Part IVA (pension credit benefit transfer values),", and
 
    (b) at the end of that paragraph there is inserted-
 
    "(ba) section 29 (time for discharge of pension credit liability) or 41 (information) of the Welfare Reform and Pensions Act 1999,".
     60. - (1) Section 124 is amended as follows.
 
      (2) In subsection (1), in the definition of "member", for "or pensioner" there is substituted ", pensioner or pension credit".
 
      (3) In that subsection, after the definition of "payment schedule" there is inserted-
 
 
    ""pension credit" means a credit under section 25(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation,
 
    "pension credit member", in relation to an occupational pension scheme, means a person who has rights under the scheme which are attributable (directly or indirectly) to a pension credit,
 
    "pension credit rights", in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit,".
      (4) After subsection (2) there is inserted-
 
 
    "(2A) In subsection (2)(a), the reference to rights which have accrued to or in respect of the member does not include any rights which are pension credit rights."
 
     61. - (1) Section 166 is amended as follows.
 
      (2) In subsection (4), for "scheme" there is substituted "arrangement".
 
      (3) In subsection (5)(d), for "scheme" there is substituted "arrangement".
 
     62. In section 167(4)-
 
 
    (a) for "scheme", where first occuring, there is substituted "arrangement", and
 
    (b) for the words from "("pension scheme"" to the end of the subsection there is substituted "("pension arrangement" having the meaning given in subsection (1) of section 27 of that Act, as it has effect for the purposes of subsection (5) of the said section 10.)"
 
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