Child Support, Pensions and Social Security Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 38
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
134*     Page 33, line 23, leave out subsection (1) and insert--
 
    ("(1)  The provisions of the Social Security Contributions and Benefits Act 1992 set out in subsection (2) shall cease to have effect.")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
135     Page 34, line 22, at end insert--
 
    (""(4B)  The regulations shall be based on the presumption that claimants have received incorrect or incomplete information unless the Secretary of State provides proof that the information the claimant received was correct and complete.")
 
136     Page 34, line 26, at beginning insert ("subject to subsection (4A)") 
137     Page 34, line 28, leave out ("prescribed") 
  
BY THE LORD RIX
THE BARONESS GREENGROSS
THE LORD GOODHART
 
138*     Page 34, line 28, at end insert--
      (""(eb)  prescribing that a person shall be deemed in the absence of evidence to the contrary to have received incorrect or incomplete information and to have acted or failed to take action in accordance with such information where the person--
            (i)  on or before 5 October 2002 had reached pensionable age, or
            (ii)  on or before 5 October 2002 had become incapable of work and had not subsequently returned to work, or
            (iii)  by virtue of mental disability is unable to pursue a claim under any scheme set up under subsection (4)."")
 
  
BY THE BARONESS GREENGROSS
THE LORD RIX
THE LORD GOODHART
 
139*     Page 34, line 28, at end insert--
 
    ("(6)  Without prejudice to any provision made under section 52 of the Welfare Reform and Pensions Act 1999 the Secretary of State shall by regulations make provision to ensure that a widow or widower will not be affected by the SERPS reduction if their spouse was a person who--
    (a)  on or before 5 October 2002 had reached pensionable age; or
    (b)  had become incapable of work and had not subsequently returned to work; or
    (c)  who by virtue of mental disability is unable to pursue a claim under any scheme set up under section 52(4) of the Welfare Reform and Pensions Act 1999.
    (7)  In subsection (6) above "the SERPS reduction" has the same meaning as in section 52(5) of the Welfare Reform and Pensions Act 1999.
 
    (8)  The power to make regulations under subsection (6) is exercisable by statutory instrument; and no regulations shall be made under that subsection unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.")
 
  
Clause 39
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
140     Page 34, line 39, at end insert--
        ("(  )  Information required to be provided pursuant to regulations under sub-paragraph (7A) must be provided by the end of the first year following the year in which the qualifying caring activity took place.")
 
  
After Clause 41
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
141     Insert the following new Clause-- 
     ("  .  The Secretary of State shall make regulations to ensure full transferability on a present value basis between all state pension schemes for all members.")Transferability of state pensions.
142     Insert the following new Clause-- 
     ("  .  The Secretary of State shall provide that those who currently contribute to the State Earnings-Related Pension Scheme may continue to do so by allowing the scheme to continue operating unchanged for those presently within it and who want to stay within it.")Continuation of SERPS.
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
143     Insert the following new Clause-- 
     ("  .  Where rebates or extra monies are payable in respect of additional pensions they shall be applied as follows--
    (a) rebates shall be paid into contracted-out money purchase schemes; and
    (b) extra monies shall be applied to contracted-out salary-related schemes.")
Additional pensions: use of rebates and extra monies.
  
Clause 42
 
  
BY THE BARONESS TURNER OF CAMDEN
 
144*     Page 38, line 23, at end insert ("; and
    (c)  in paragraph (a), after the words "are made," there shall be inserted--
      (aa)  that in the case of schemes which fall in a prescribed class, that such arrangements for the selection of persons nominated by pensioner members and deferred members of the scheme to be trustees of the scheme as are required by this section are made,"")
 
145     Page 38, line 26, at end insert--
 
    ("(  )  After subsection (3)(b) there shall be inserted "and
    (c)  for member-nominated trustees to be selected only by the members of the scheme or their representatives.
    (3A)  Regulations may prescribe who is a representative for the purpose of subsection (3)(c)."")
 
146*     Page 38, line 33, at end insert--
 
    ("(5A)  In subsection (6)(b) for "one-third" there shall be substituted "one-half."")
 
147*     Page 38, line 33, at end insert--
 
    ("(5B)  In subsection (6)(b), after the words "total number of trustees" there shall be inserted "(not including, in the case of schemes to which subsection (1)(aa) applies, any additional trustees nominated by the pensioner members and deferred members of the scheme, of whom the arrangements must provide for at least one".")
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
148     Page 38, line 38, at end insert--
 
    ("(6B)  Whenever the arrangements provide for two or more member nominated trustees, at least one such trustee shall be selected by the acting members and at least one such trustee shall be selected by the pensioner members".")
 
  
BY THE BARONESS TURNER OF CAMDEN
 
149*     Page 39, line 17, at end insert ("; and
    (c)  unless a proposal is made to which section 18A below applies, and regulations made under section 18A (4) apply as a consequence, providing for the manner in which the trustees are to inform and consult the members and former members of the scheme about the effect of the arrangements to be made in accordance with this section.")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
150     Page 39, line 17, at end insert--
 
    ("(9A)  Regulations shall provide in that all member-nominated trustees are provided with adequate training to enable them to carry out their responsibilities.
 
    (9B)  Regulations under subsection (9A) shall also prescribe the content of such training.
 
    (9C)  Training provided pursuant to regulations under subsection (9A) shall be provided at the expense of the pension fund.")
 
  
BY THE BARONESS TURNER OF CAMDEN
 
151     Page 39, line 24, at end insert--
 
    ("(10)  The Secretary of State shall make regulations providing that all trustees should be required to have attended an approved training course explaining the role and responsibilities of trustees within six months of being either elected as a member-nominated trustee or appointed as a trustee by the scheme's sponsoring employer.
 
    (11)  These regulations shall also prescribe the content of such an approved training course.
 
    (12)  The failure of a trustee to attend such a course within six months of being either elected or appointed as a trustee shall nullify the trustee's election or appointment.")
 
  
Clause 43
 
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
152     Page 40, line 5, at end insert--
 
    ("(6B)  Whenever the arrangements provide for two or more member-nominated directors, at least one such director shall be selected by the active members and at least one such trustee shall be selected by the pensioner members.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
153     Page 40, line 29, after ("if") insert ("in relation to that company") 
  
After Clause 45
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
154     Insert the following new Clause-- 
 ("Power to determine qualifying members 
     . In section 125(4) of the Pensions Act 1995, after paragraph (a), there shall be inserted--
    (aa)  determine who is to be treated as a qualifying member;"")
Power to determine qualifying members of occupational pension schemes.
  
Clause 46
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
155     Page 46, leave out line 2 and insert--
    ("(e)  a provider of insurance or investment services to the scheme;")
 
  
Clause 48
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
156*     Page 49, line 11, leave out ("subject to subsection (4),") 
157*     Page 49, leave out lines 17 to 22 and insert--
 
    ("(4) Any report made under this subsection shall be available to any member of the scheme on request.")
 
158*     Page 49, leave out lines 23 and 24 and insert--
 
    ("(5) Any copies of the report requested under subsection (4) above shall be provided free of charge within seven days of receiving the request.")
 
159*     Page 49, leave out lines 25 to 28 
160*     Page 49, leave out lines 41 to 43 
  
Clause 49
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
161     Page 52, line 32, at end insert ("; or
    (c)  the Authority has made an order under section 11")
 
162     Page 53, leave out line 31 and insert--
    ("(e)  a provider of insurance or investment services to the scheme;")
 
  
After Clause 50
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
163     Insert the following new Clause-- 
     ("  .  There shall be no requirement for a holder of a stakeholder, personal, occupational or other defined contributory pension to take the pension in the form of an annuity by a specified age.")Removal of restriction on pension annuities.
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
164     Insert the following new Clause-- 
     ("  .--(1)  A person shall be able to hold both a stakeholder pension and an occupational pension concurrently and without financial penalty.
 
    (2)  Any rebates or extra monies that may be payable to a person, and which are greater for Stage 1 of the State Second Pension than for SERPS, shall be paid into a stakeholder pension.")
Concurrency of pensions, rebates and extra monies.
  
Clause 51
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
165*     Page 55, line 4, leave out subsection (1) 
  
Clause 52
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 52 stand part of the Bill. 
  
Clause 53
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
166*     Page 58, line 12, at end insert (", and
    (d) give every party to a complaint and every person against whom allegations are made in the complaint an opportunity to make oral representations to him, limited to a maximum period of one hour for each party or person except in exceptional cases where he deems that additional time is required")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 53 stand part of the Bill. 
  
Schedule 5
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
167     Page 110, line 20, leave out ("not an active member of the scheme"") and insert ("entitled to the present payment of his pension"") 
168     Page 112, line 46, leave out from beginning to end of line 19 on page 113 and insert--
    (d) subject to subsection (5A), the annual rates of the pensions under the scheme are increased by at least the appropriate percentage or, where the rules require the pensions to be increased at intervals of not more than 12 months, by at least the relevant percentage."
    (3)  After subsection (5) there shall be inserted--
        (5A)  Nothing in this section shall require the provision of an increase in the annual rate of a pension under the scheme in respect of any period for which it was in payment prior to the date that the power to make a payment to the employer is exercised."
    (4)  In subsection (6) for the words from the beginning to the end of paragraph (a) there shall be substituted--
        (6)  In this section--
      (a)  annual rate", "appropriate percentage" and "relevant percentage" have the same meanings as in section 54, and"
    (5)  The preceding provisions of this paragraph have effect in relation to payments made to an employer at any time after the commencement of this paragraph.")
 
  
Clause 56
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
169     Page 61, line 12, leave out ("on that ground") 
  
Clause 57
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill. 
  
Clause 59
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
170     Page 62, line 42, leave out ("and other persons") and insert (",  a service member and a person with knowledge of disabilities") 
171     Page 63, line 11, leave out ("have regard to the desirability of having as") and insert ("appoint as lay") 
172     Page 63, line 13, leave out from ("persons") to ("and") in line 14 and insert ("of similar rank and with a similar service history;") 
 
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