Contribution by Mr. Nurmammet Seyitliyev, Department of Ministry of Finance, Women in Entrepreneurship
In Schedule 4 to the Pensions Act 1995 (equalisation of and increase in pensionable age for men and women) paragraph 1 is amended as follows.
In sub-paragraph (1) for “6th April 1959” substitute “ 6th December 1953 ”.
Omit sub-paragraph (4).
6th April 1953 to 5th May 1953 6th July 2016 6th May 1953 to 5th June 1953 6th November 2016 6th June 1953 to 5th July 1953 6th March 2017 6th July 1953 to 5th August 1953 6th July 2017 6th August 1953 to 5th September 1953 6th November 2017 6th September 1953 to 5th October 1953 6th March 2018 6th October 1953 to 5th November 1953 6th July 2018 6th November 1953 to 5th December 1953 6th November 2018
(1) (2) Period within which birthday falls Day pensionable age attained 6th December 1953 to 5th January 1954 6th March 2019 6th January 1954 to 5th February 1954 6th May 2019 6th February 1954 to 5th March 1954 6th July 2019 6th March 1954 to 5th April 1954 6th September 2019 6th April 1954 to 5th May 1954 6th November 2019 6th May 1954 to 5th June 1954 6th January 2020 6th June 1954 to 5th July 1954 6th March 2020 6th July 1954 to 5th August 1954 6th May 2020 6th August 1954 to 5th September 1954 6th July 2020 6th September 1954 to 5th October 1954 6th September 2020
In sub-paragraph (6) for “5th April 1960” substitute “ 5th October 1954 ”.
Schedule 1 (equalisation of and increase in pensionable age for men and women: consequential amendments) has effect.
In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits)—
in subsection (1)(e)(i) for “person who is also entitled to a Category A or Category B retirement pension” substitute “ relevant person ”;
after subsection (1) insert—
In that section after subsection (10A) insert—
In section 151 of that Act (up-rating - supplementary) omit subsection (5).
The repeal made by subsection (3) does not affect the application of section 151(5) of that Act in relation to a person who became entitled to a Category A or Category B retirement pension before the day on which subsection (3) comes into force.
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W became entitled to a Category A or Category B retirement pension before the day on which subsection (5) comes into force, and
S died before that day;
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In this section a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.
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In section 2 (continuity of scheme membership) of the Pensions Act 2008 (“the 2008 Act”) for subsection (3) substitute—
In section 5 of the 2008 Act (automatic re-enrolment) after subsection (1) insert—
For subsection (4) of that section substitute—
In subsection (8) of that section omit “, after the automatic enrolment date,”.
In section 6 of the 2008 Act (timing of automatic re-enrolment) in subsection (4)—
in paragraph (a) omit “at any time after the jobholder's automatic enrolment date,”;
in that paragraph omit “or a qualifying scheme of which the jobholder is an active member ceases to be such a scheme”;
in paragraph (b) omit “or the employer”;
in paragraph (c) for “time” substitute “ event ”.
In section 54 of the 2008 Act (inducements)—
in subsection (1)(a) for “within the period prescribed under section 2(3)” substitutewith effect from— ;
in subsection (1)(b) for “within the period prescribed under section 2(3)” substitutewith effect from— .
In section 3 of the 2008 Act (automatic enrolment) for subsection (1) substitute—
After subsection (6) of that section insert—
In section 5 of the 2008 Act (automatic re-enrolment) for subsection (1) substitute—
After subsection (7) of that section insert—
This is subject to section 4.
For section 4 of the 2008 Act substitute—
In section 5 of the 2008 Act (automatic re-enrolment) omit subsection (5).
In section 6 of the 2008 Act (timing of automatic re-enrolment)—
omit subsections (3) and (6);
in subsection (4) for “second case” substitute “ first case ”;
in subsection (5) for “third case” substitute “ second case ”.
In section 7 of the 2008 Act (jobholder's right to opt in) omit paragraph (b) of subsection (2) and the “or” before it.
In section 30 of the 2008 Act (transitional period for defined benefits and hybrid schemes) in subsection (7)—
for “applies, section” substituteapplies— ;
for “day on which” substitute “ day with effect from which ”;
at the end insert—
In section 6 of the 2008 Act (timing of automatic re-enrolment) in subsection (1)(b) for “three years” substitute “ 2 years and 9 months ”.
For section 14 of the 2008 Act (review of qualifying earnings band) substitute—
For the italic heading before section 13 of the 2008 Act substitute— “ Qualifying earnings and earnings trigger ”.
In section 143(5) of the 2008 Act (statutory instruments subject to affirmative resolution procedure) in paragraph (c) after “section” insert “ 14(2), ”.
After section 15 of the 2008 Act insert—
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Section 16 of the 2008 Act (qualifying schemes) is amended as follows.
In subsection (3) for paragraph (a) substitute—.
After that subsection insert—
In section 22 of the 2008 Act (test scheme standard) after subsection (7) insert—
For section 23 of the 2008 Act substitute—
Section 28 of the 2008 Act (sections 20, 24 and 26: certification that quality requirement is satisfied) is amended as follows.
For the heading substitute “ Certification that quality requirement or alternative requirement is satisfied ”.
In subsection (1) for “any jobholder of an employer” substitute “ each of an employer's relevant jobholders ”.
After subsection (1) insert—
In subsection (2)—
for “state that” substitutestate— ;
for “the jobholders” substitute “ relevant jobholders ”;
at the end insert, or
After subsection (2) insert—
In subsection (6)—
in paragraph (e) for “any jobholder” substitute “ any relevant jobholder ”;
in paragraph (f) for “jobholders” substitute “ relevant jobholders ”.
In section 32 of the 2008 Act (power to modify by resolution) in subsection (1)(b) for the words after “the scheme” substituteto satisfy—
Section 28 of the 2008 Act is amended as follows.
After subsection (3) insert—
In subsection (4) at the end insert—
In paragraphs (e) and (f) of subsection (6) for “section 26 agreements” substitute “ contribution agreements ”.
In subsection (8)—
for “ “section 26 agreements” means the agreement” substitute “ “contribution agreements” means—;
at the end insert, or
Section 30 of the 2008 Act (transitional period for defined benefits and hybrid schemes) is amended as follows.
In subsection (3) for “Where this subsection applies” substitute “ If by the end of the prescribed period the employer has given the jobholder notice that the employer intends to defer automatic enrolment until the end of the transitional period for defined benefits and hybrid schemes ”.
In subsection (4) for “at any time” substitute “ a notice is given under subsection (3) and at any later time ”.
After subsection (7) insert—
Section 30 of the 2008 Act is amended as follows.
In subsection (5) after “money purchase scheme” insert “ or personal pension scheme ”.
In subsection (6)(b) omit “(in accordance with section 20(1))”.
In section 32 of the 2008 Act (power of trustees to modify by resolution) in subsection (1) and in the heading after “trustees” insert “ or managers ”.
In section 256 of the Pensions Act 2004 (no indemnification for fines or civil penalties) in subsection (1)(b)—
for “or section” substitute “ , section ”;
after “1993 (c. 48)” insert “ or section 40 or 41 of the Pensions Act 2008 ”.
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Section 84 of the Pension Schemes Act 1993 (basis of revaluation of accrued benefits) is amended as follows.
In subsection (5)(b) for the words from “maintains” to “index” substitute “ , in the opinion of the Secretary of State, maintains the value of the pension or other benefit by reference to the rise in the general level of prices in Great Britain ”.
Omit subsection (6).
Schedule 3 to the 1993 Act (which sets out methods for revaluing accrued benefits for the purposes of section 84 of the 1993 Act) is amended as follows.
After paragraph 1(4) insert—
After paragraph 2 insert—
Section 51 of the Pensions Act 1995 (annual increase in rate of certain pensions) is amended as follows.
For subsections (3) and (4) substitute—
Section 40 of the Welfare Reform and Pensions Act 1999 (indexation of certain pensions giving effect to pension credit rights) is amended as follows.
In subsection (1) for “increases in the retail prices index” substitute “ relevant percentage increases ”.
After subsection (2A) insert—
In Schedule 7 to the Pensions Act 2004 (pension compensation provisions) paragraph 28 (annual increase in periodic compensation) is amended as follows.
In sub-paragraph (3) in paragraph (a) of the definition of “appropriate percentage” for “retail prices index” substitute “ general level of prices in Great Britain ”.
After sub-paragraph (3) insert—
In paragraph 37(1) of that Schedule (definitions) omit the definition of “retail prices index”.
In Schedule 5 to the Pensions Act 2008 (pension compensation payable on discharge of pension compensation credit) paragraph 17 (annual increase in periodic compensation) is amended as follows.
In sub-paragraph (4) in paragraph (a) of the definition of “the appropriate percentage” for “retail prices index” substitute “ general level of prices in Great Britain ”.
After sub-paragraph (4) insert—
Section 51 of the Pensions Act 1995 (annual increase in rate of certain pensions) is amended as follows.
In subsection (1) for “subsection (6)” substitute “ subsections (6) and (7) ”.
After subsection (6) insert—
After section 51ZA of the Pensions Act 1995 insert—
Schedule 4 (which makes provision relating to the Pension Protection Fund) has effect.
In section 286 of the Pensions Act 2004 (financial assistance scheme) after subsection (1B) insert—
In section 18 of the Pensions Act 2007 (financial assistance scheme: increased levels of payments) after subsection (9) insert—
In that section in subsection (10) (affirmative resolution procedure) after “subsection (9)” insert “ or (9A) ”.
In section 286 of the Pensions Act 2004 (financial assistance scheme) in subsection (3)(c) (power to make provision for property, rights and liabilities of qualifying pension schemes to be transferred to the scheme manager) for “the scheme manager” substitute “ a prescribed person ”.
Section 251 of the Pensions Act 2004 (payment of surplus to employer: transitional power to amend scheme) is amended as follows.
In subsection (1) after “scheme” insert—.
After subsection (2) insert—
In subsection (3) for “then applied” substitute “ applied immediately before the commencement of section 250 ”.
In subsection (6)—
after paragraph (a) insert—;
in paragraph (b) for “only be exercised once” substitute “ be exercised, after the commencement of section 25 of the Pensions Act 2011, only once (whether or not also exercised before 6 April 2011) ”;
in paragraph (c) for “five years after the commencement of this section” substitute “ on 6 April 2016 ”.
After subsection (6) insert—
The amendments made by this section do not affect the continued operation of any resolution passed under section 251(3) or (4) of the 2004 Act before 6 April 2011.
Section 38 of the Pensions Act 2004 (contribution notices where avoidance of employer debt) is amended as follows.
In subsections (5)(c)(i) and (6)(b)(ii) for “determination by the Regulator to exercise the power to issue” substitute “ giving of a warning notice in respect of ”.
After subsection (13) insert—
Section 43 of the Pensions Act 2004 (financial support directions) is amended as follows.
In subsection (9) for “determination by the Regulator to exercise the power to issue” substitute “ giving of a warning notice in respect of ”.
After subsection (11) insert—
In section 96 of the Pensions Act 2004 (exercise of regulatory functions: standard procedure) after subsection (6) insert—
In Schedule 4 to the Pensions Act 2007 (abolition of contracting-out for defined contribution pension schemes) in paragraph 60(4) for paragraphs (b) and (c) substitute—
In section 42 of the Pension Schemes Act 1993 (review and alteration of rates of contributions applicable under section 41) in subsection (6) for “paragraph 2(3)” substitute “the definition of “the percentage for contributing earners” or “the percentage for non-contributing earners” in paragraph 2(5)”.
After that subsection insert—
In section 181 of the Pension Schemes Act 1993 (interpretation), in the definition of “money purchase benefits” in subsection (1), for “which are not average salary benefits” substitute “ which fall within section 181B ”.
After section 181A of that Act insert—
In section 99 of the Pensions Act 2008 (interpretation) in the definition of “money purchase benefits” for “which are not average salary benefits” substitute “ which fall within section 99A ”.
After that section insert—
In paragraph 1(2) of Schedule 10A to the Building Societies Act 1986 (disclosures about directors etc), in the definition of “money purchase benefits”, for “which are not average salary benefits” substitute “ which fall within paragraph 1A ”.
In that Schedule, after paragraph 1 insert—
The amendments made by subsections (1) and (2) are to be regarded as having come into force on 1 January 1997.
The amendments made by subsections (3) and (4) are to be regarded as having come into force at the same time as section 99 of the Pensions Act 2008.
The Secretary of State may by regulations make transitional provision in relation to the coming into force of the amendments in section 29.
That provision includes in particular—
provision disapplying the amendments in section 29 in relation to an occupational or personal pension scheme which is wound up before the coming into force of that section;
provision disapplying the amendments in section 29 to any extent, or as regards any period, in respect of an occupational or personal pension scheme in relation to which those amendments would otherwise have applied on the coming into force of that section;
provision modifying the application of an enactment in respect of an occupational or personal pension scheme in relation to which the amendments in section 29 apply on the coming into force of that section;
provision requiring trustees or managers of an occupational pension scheme in relation to which the amendments in section 29 apply on the coming into force of that section to obtain an actuarial valuation of a description specified in the regulations.
In subsection (2) “occupational pension scheme” and “personal pension scheme” have the meanings given by section 1 of the Pension Schemes Act 1993.
The Secretary of State may by regulations make consequential or supplementary provision in relation to the amendments made by section 29.
In section 307 of the Pensions Act 2004 (modification of Act) in subsection (2) after paragraph (b) insert—.
The Secretary of State may by regulations amend for any purpose—
the definition of “money purchase benefit” in the Pension Schemes Act 1993, the Pensions Act 2008 or Schedule 10A to the Building Societies Act 1986 , or
section 2 of the Pension Schemes Act 2021 (collective money purchase benefits: meaning of “qualifying benefits”).
Regulations under subsection (1) may in particular amend the provisions inserted by section 29 above or by Schedule 1 to the Pension Schemes Act 2021.
Regulations under this section may include transitional, consequential or supplementary provision.
Regulations under this Part may—
make different provision for different cases (including different provision for pension schemes of different descriptions);
provide for a person to exercise a discretion in dealing with any matter;
amend Acts (as well as other enactments);
have retrospective effect.
Regulations under this Part must be made by statutory instrument.
A statutory instrument containing regulations under this Part which amend an Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
A statutory instrument containing any other regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
After section 9 of the Judicial Pensions and Retirement Act 1993 insert—
Schedule 5 (which makes provision for contributions towards the cost of certain other judicial pensions etc) has effect.
Section 174 of the Pension Schemes Act 1993 (grants by the Pensions Regulator to advisory bodies etc) is amended as follows.
After subsection (2) insert—
For the heading substitute “ Grants to advisory bodies etc ”.
After section 144 of the Pensions Act 2008 insert—
In section 60 of that Act (requirement to keep records) in subsection (1)(c) for “, on request, to the Regulator” substitute “ to the Regulator on receiving a notification requesting them ”.
In section 150 of that Act (extent) in subsection (2)(f) for “143 to 146” substitute “ 143, 144, 145 and 146 ”.
An amendment or repeal by this Act has the same extent as the enactment amended or repealed.
Any provision of Part 2 that amends another Act so as— comes into force, for the purposes of the exercise of the power, on the day on which this Act is passed.
to modify a power to make an order or regulations, or
to confer any such power,
The following provisions of this Act come into force on that day—
sections 30 to 33;
section 37;
this section;
section 39.
The following provisions of this Act come into force at the end of the period of 2 months beginning with that day—
section 1 (and Schedule 1);
section 25;
section 27;
section 28.
The other provisions of this Act come into force in accordance with provision made by order by the Secretary of State.
An order under subsection (4) may appoint different days for different purposes.
The Secretary of State may by order make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
An order under subsection (4) or (6) is to be made by statutory instrument.
This Act may be cited as the Pensions Act 2011.
Section 1
In section 48 of the Gas Act 1986 (interpretation of Part 1) in subsection (2B)(b) for “6th April 1955” substitute “ 6th December 1953 ”.
The Pensions Act 2007 is amended as follows.
The Pensions Act 2004 is amended as follows. In section 160(7) (transfer notice)— Omit section 172(1) (no transfer notice within first 12 months of assessment period).
In section 13 (increase in pensionable age for men and women)—
in subsection (1) omit from “progressively” to the end;
in subsection (3) for “6th April 2024” substitute “ 6th December 2018 ”.
In Schedule 3 (increase in pensionable age for men and women) omit paragraph 4(4).
The Social Security Administration Act 1992 is amended as follows.
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paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994;
paragraph 21(15) and (16) of Schedule 4 to the Pensions Act 1995;
paragraph 7 of Schedule 11 to the Pensions Act 2004;
paragraph 20 of Schedule 1 to the Pensions Act 2007.
Section 316(2) of the Pensions Act 2004 (subordinate legislation subject to affirmative procedure) is amended as follows. Omit paragraph (a) (the administration levy). In paragraph (f) (the levy ceiling) after “ceiling)” insert “ which is made by virtue of section 178(8) ”. In paragraph (s) (the compensation cap) after “Fund)” insert “ except an order which is made by virtue of paragraph 27 of that Schedule ”.
In section 2A (claim or full entitlement to certain benefits conditional on work-focused interview) in subsection (1A) for “6 April 1955” substitute “ 6 December 1953 ”.
In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner) in subsection (1A) for “6 April 1955” substitute “ 6 December 1953 ”.
In section 2D (work-related activity) in subsection (9)(e) for “6 April 1955” substitute “ 6 December 1953 ”.
In section 126 of the Pensions Act 1995 (equalisation of and increase in pensionable age etc) in paragraph (a) for the words from “progressively” (where it appears first) to the end of the paragraph substitute “ and then to increase it ”.
In section 6 of the Consumers, Estate Agents and Redress Act 2007 (general provision about functions of National Consumer Council) in subsection (10)(b) for “6 April 1955” substitute “ 6 December 1953 ”.
Section 2
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Schedule 7 to the Pensions Act 2004 (pension compensation provisions) is amended as follows. In paragraph 3(6) (pensions in payment at assessment date) for “35(3)” substitute “ 35(3A) ”. In paragraph 5(5) (pensions postponed at assessment date) for “35(3)” substitute “ 35(3A) ”. In paragraph 35 (admissible rules, recent discretionary increases etc)—
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Section 3
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In section 32A of the Judicial Pensions Act 1981 (appeals) after subsection (5) insert—
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in subsection (1)(c) for “in tax year after 5th April 2020” substitute “on or after the date specified for the purposes of section 45(2) of that Act”;
in the heading for “in tax year after 5th April 2020” substitute “on or after the specified date”.
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Section 22
The Pensions Act 2004 is amended as follows.
Paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (Lord Chancellor’s protected functions) is amended as follows. In the entries relating to the Judicial Pensions Act 1981 at the appropriate place insert “Section 33ZA.” In the entries relating to the Judicial Pensions and Retirement Act 1993 at the appropriate place insert “Section 9A.” In the entries relating to the District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 at the appropriate place insert “Section 8A.”
In section 58(3) (right to apply under section 423 of the Insolvency Act 1986)—
for the words from “an actuarial” to the first “scheme” substitute “ a determination made, or actuarial valuation obtained, in respect of the scheme by the Board of the Pension Protection Fund under section 143(2) ”, and
for “that section” substitute “ section 143 ”.
Section 141 (effect of review of ill-health pension) is amended as follows. In subsection (4) after “which” insert “ a determination under section 143(2)(a) or ”. In subsection (5)(a) after “first” insert “ makes a determination under section 143(2)(a) or ”.
In section 142(1) (interpretation) in the definition of “scheme valuation” for “143” substitute “ 143(2)(b) ”.
Section 143 (Board's obligation to obtain valuation of assets and protected liabilities) is amended as follows. For subsection (2) substitute— In subsection (3) for “those purposes” substitute “ the purposes of this section ”. In subsection (4) for “this section” substitute “ a determination made under subsection (2)(a) or an actuarial valuation obtained under subsection (2)(b) ”. In subsection (5B) for “mentioned in subsection (2)” substitute “ of this section ”. After subsection (5B) insert— In subsection (6)— In subsection (9)— In subsection (10) for “requires the” substitute “ requires a determination to be made, or an ”. In subsection (11)(b)(ii) after “first” insert “ makes a determination under subsection (2)(a) or ”.
After section 143 insert—
Section 144 (approval of valuation) is amended as follows. In subsection (1) for “143” substitute “ 143(2)(b) ”. In subsection (2) for “that section” substitute “ section 143 ”.
In section 145(1) (binding valuations) for “143” substitute “ 143(2)(b) ”.
Section 151 (application for Board to assume responsibility for schemes) is amended as follows. In subsections (2)(b) and (3)(b) for the words from “the valuation” to “scheme” substitute “ the determination made by the Board or valuation obtained by the Board in respect of the scheme under section 143(2) ”. In subsection (6)— In subsection (10) for “under that section” substitute “ under section 143(2)(b) ”.
In section 154(5)(b) (requirement to wind up scheme) after “that the” insert “ determination made by the Board or ”.
Section 158 (Board's duty to assume responsibility for closed schemes) is amended as follows. For subsection (3) substitute— In subsection (4) for “those purposes as it applies for the purposes mentioned in subsection (2)” substitute “ the purposes of this section as it applies for the purposes ”. In subsection (5)— In subsection (6)—
Section 160 (transfer notice) is amended as follows. In subsection (3) for “valuation obtained under section 143” substitute “ determination made or valuation obtained under section 143(2) ”. In subsection (4) after “until the” insert “ determination made or ”.
Schedule 9 (reviewable matters) is amended as follows. For paragraph 8 substitute— After paragraph 14 insert—
In section 151(4)(a) of the Pensions Act 2004 (application for Board to assume responsibility for scheme) after “form,” insert “ or evidence in the prescribed form which shows that the trustees or managers of the scheme have taken all reasonable steps to obtain a protected benefits quotation but were unable to do so, ”.
Schedule 7 to the Pensions Act 2004 (pension compensation provisions) is amended as follows. For paragraph 21 (pension credit members under normal benefit age at assessment date) substitute— In each of the following after “21” insert “ or 21A ” In paragraph 36(5)(a) (meaning of “pensionable service”) after “credit” insert “ (except for the purposes of paragraphs 21 and 21A) ”.
In section 9A of the Sheriffs’ Pensions (Scotland) Act 1961 (appeals) after subsection (4) insert—
Section 152 of the Pensions Act 2004 (Board's duty to assume responsibility for scheme) is amended as follows. After subsection (1) insert— After subsection (2) insert— In subsection (3)— Omit subsection (4). In subsection (5)— Omit subsection (8). In subsection (10) for “Regulations” substitute “ Where subsection (2) applies, regulations ”. After subsection (10) insert—
In the Pensions Act 2008 omit paragraphs 10 and 11 of Schedule 8 (which amend paragraph 21 of Schedule 7 to the Pensions Act 2004).
In the following provisions of the Pensions Act 2004 after “152(2)” insert “ or (2B) ”
section 154(2)(c) (requirement to wind up certain schemes), and
section 172(4) and (5)(c) (fraud compensation regime).
Schedule 7 to the Pensions Act 2004 (pension compensation provisions) is amended as follows.
For paragraph 25A (deferral of compensation) and the heading before it substitute—
In paragraph 5(3) (periodic compensation for postponed pensioner at assessment date)— In paragraph 7(2) (lump sum compensation for postponed pensioner at assessment date) for the words from “the amount” to the end substitutethe aggregate of— In paragraph 8(3) (periodic compensation for active member over pension age at assessment date)— In paragraph 10(2) (lump sum compensation for active member over pension age at assessment date)— In paragraph 11(3) (periodic compensation for active member under pension age at assessment date)— In paragraph 14(3) (lump sum compensation for active member under pension age at assessment date) for “the protected amount” substitutethe aggregate of— In paragraph 15(3) (periodic compensation for deferred member under pension age at assessment date)— In paragraph 19(3) (lump sum compensation for deferred member under pension age at assessment date) for “the protected amount” substitutethe aggregate of— In paragraph 26 (compensation cap)—
In paragraph 6 (periodic compensation for widow or widower of postponed pensioner at assessment date)— In paragraph 9 (periodic compensation for widow or widower of active member over pension age at assessment date)— In paragraph 13 (periodic compensation for widow or widower of active member under pension age at assessment date)— In paragraph 18 (periodic compensation for widow or widower of deferred member under pension age at assessment date)—
In paragraph 24(1) (commutation of periodic compensation) for “becomes payable” substitute “ commences ”.
In paragraph 25B (eligibility for terminal illness lump sum)— In paragraph 25E (effect of successful application for terminal illness lump sum) after sub-paragraph (6) insert—
Paragraph 28 (annual increase in periodic compensation) is amended as follows. In sub-paragraph (3)— In sub-paragraph (5)— After sub-paragraph (5) insert—
In paragraph 29 (Board's powers to alter rates of revaluation and indexation) after sub-paragraph (6) insert— In paragraph 30 (Secretary of State's powers to vary percentage paid as compensation) after sub-paragraph (6) insert—
Schedule 5 to the Pensions Act 2008 (pension compensation payable on discharge of pension compensation credit) is amended as follows.
The District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 is amended as follows. Before section 9 (and after the heading “Contributions”) insert— In section 10(a) (district judges (magistrates’ courts) serving again after retirement) after “any contribution” insert “by virtue of section 9”.
Omit paragraph 11 (deferral of compensation). In Part 4 after the Part heading insert—
In paragraph 4(3) (periodic compensation for transferee over pension compensation age on transfer day)— In paragraph 4(4) (provisions to which paragraph 4 is subject) after “subject to” insert “ paragraph 16A (postponement of compensation) and ”. In paragraph 6(3) (periodic compensation for transferee under pension compensation age on transfer day)— In paragraph 6(4) (provisions to which paragraph 6 is subject)—
In paragraph 5 (periodic compensation for widow etc of transferee over pension compensation age on transfer day)— In paragraph 7 (periodic compensation for widow etc of transferee under pension compensation age on transfer day)—
In paragraph 9(1) (commutation of periodic compensation) for “becomes payable” substitute “ commences ”.
In paragraph 12 (eligibility for terminal illness lump sum)— In paragraph 15 (effect of successful application for terminal illness lump sum) after sub-paragraph (3) insert—
Paragraph 17 (annual increase in periodic compensation) is amended as follows. In sub-paragraph (4) in the definition of “the underlying rate”— In sub-paragraph (7)— After sub-paragraph (7) insert—
In paragraph 20 (Board's power to alter rates of revaluation and indexation) after sub-paragraph (5) insert—
Section 34
The Judicial Pensions Act 1981 is amended as follows. In section 25(1)(a) (persons serving again after retirement) after “any contribution” insert “by virtue of section 23”. After section 33 insert— In Schedule 1 (certain Senior Courts and county court officers and President of Transport Tribunal) in paragraph 3(2)(b) after “Part II” insert “and section 33ZA”.