VAQUERO HERNANDEZ ET AUTRES c. ESPAGNE
Regulations may establish schemes for the payment of pensions and other benefits to or in respect of persons specified in subsection (2).
Those persons are—
civil servants;
the judiciary;
local government workers for England, Wales and Scotland;
teachers for England, Wales and Scotland;
health service workers for England, Wales and Scotland;
fire and rescue workers for England, Wales and Scotland;
members of police forces for England, Wales and Scotland;
the armed forces.
These terms are defined in Schedule 1.
In this Act, regulations under this section are called “scheme regulations”.
The persons who may make scheme regulations are set out in Schedule 2.
In this Act, the person who may make scheme regulations for any description of persons specified in section 1(2) is called the “responsible authority” for the scheme for those persons.
Scheme regulations may, subject to this Act and Part 1 of PSPJOA 2022 and Chapter 1 of Part 1 of the Pension Schemes Act 2026, make such provision in relation to a scheme under section 1 as the responsible authority considers appropriate.
That includes in particular—
provision as to any of the matters specified in Schedule 3;
consequential, supplementary, incidental or transitional provision in relation to the scheme or any provision of this Act.
consequential, supplementary, incidental or transitional provision in relation to any provision of Part 1 of PSPJOA 2022;
consequential, supplementary, incidental or transitional provision in relation to any provision of Chapter 1 of Part 1 of the Pension Schemes Act 2026.
Scheme regulations may—
make different provision for different purposes or cases (including different provision for different descriptions of persons);
make retrospective provision (but see section 23);
allow any person to exercise a discretion.
The consequential provision referred to in subsection (2)(b) includes consequential provision amending any primary legislation passed before or in the same session as this Act (as well as consequential provision amending any secondary legislation).
Scheme regulations require the consent of the Treasury before being made, unless one of the following exceptions applies.
In subsection (2)(c)—
the reference to consequential provision includes consequential provision amending any primary legislation passed before or in the same session as PSPJOA 2022 (as well as consequential provision amending any secondary legislation);
the reference to supplementary, incidental or transitional provision includes supplementary, incidental or transitional provision amending an existing scheme contained in primary legislation (as well as supplementary, incidental or transitional provision amending any secondary legislation).
The exceptions are—
scheme regulations of the Scottish Ministers relating to local government workers ...;
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See sections 37 and 74 of PSPJOA 2022 for provision under which certain powers to make provision under Part 1 of that Act by means of scheme regulations may be exercised by amending existing schemes.
A Treasury order may amend this section so as to add, remove or vary exceptions to the requirement in subsection (5).
A Treasury order under subsection (7) is subject to the negative procedure.
Scheme regulations for a scheme under section 1 must provide for a person to be responsible for managing or administering—
the scheme, and
any statutory pension scheme that is connected with it.
In this Act, that person is called the “scheme manager” for the scheme (or schemes).
The scheme manager may in particular be the responsible authority.
Subsection (1) does not apply to a scheme under section 1 which is an injury or compensation scheme.
Subsection (1) does not apply to a scheme under section 1 if—
the scheme is connected with another scheme under section 1, and
a scheme manager is provided for under subsection (1) in scheme regulations for that other scheme.
Scheme regulations may comply with the requirement in subsection (1)(a) or (b) by providing for different persons to be responsible for managing or administering different parts of a scheme (and references in this Act to the “scheme manager”, in such a case, are to be construed accordingly).
For the purposes of this Act, a scheme under section 1 and another statutory pension scheme are connected if and to the extent that the schemes make provision in relation to persons of the same description.
Scheme regulations may specify exceptions to subsection (6).
The reference in subsection (6) to a statutory pension scheme includes a statutory pension scheme established (under section 1 or otherwise) after the establishment of the scheme under section 1 mentioned in that subsection.
Scheme regulations for a scheme under section 1 must provide for the establishment of a board with responsibility for assisting the scheme manager (or each scheme manager) in relation to the following matters.
Those matters are—
securing compliance with the scheme regulations and other legislation relating to the governance and administration of the scheme and any statutory pension scheme that is connected with it;
securing compliance with requirements imposed in relation to the scheme and any connected scheme by the Pensions Regulator;
such other matters as the scheme regulations may specify.
In making the regulations the responsible authority must have regard to the desirability of securing the effective and efficient governance and administration of the scheme and any connected scheme.
Subsection (1) does not apply to a scheme under section 1 if—
the scheme is connected with another scheme under section 1, and
a pension board is provided for under subsection (1) in scheme regulations for that other scheme.
The regulations must include provision—
requiring the scheme manager—
to be satisfied that a person to be appointed as a member of the board does not have a conflict of interest, and
to be satisfied from time to time that none of the members of the board has a conflict of interest;
requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of provision under paragraph (a);
requiring the board to include employer representatives and member representatives in equal numbers.
In subsection (4)(a) “conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
In subsection (4)(c)—
“employer representatives” means persons appointed to the board for the purpose of representing employers for the scheme and any connected scheme;
“member representatives” means persons appointed to the board for the purpose of representing members of the scheme and any connected scheme.
Where the scheme manager of a scheme under section 1 is a committee of a local authority, the scheme regulations may provide for that committee also to be the board for the purposes of this section.
In this Act, a board established under this section is called a “pension board”.
This section does not apply to a scheme under section 1 which is an injury or compensation scheme.
The scheme manager for a scheme under section 1 and any statutory pension scheme that is connected with it must publish information about the pension board for the scheme or schemes (and keep that information up-to-date).
That information must include information about—
who the members of the board are,
representation on the board of members of the scheme or schemes, and
the matters falling within the board's responsibility.
This section does not apply to a scheme under section 1 which is an injury or compensation scheme.
Scheme regulations for a scheme under section 1 which is a defined benefits scheme must provide for the establishment of a board with responsibility for providing advice to the responsible authority, at the authority's request, on—
Where, by virtue of section 4(5), there is more than one scheme manager for a scheme mentioned in subsection (1) (and accordingly there is more than one pension board for the scheme), the regulations may also provide for the board to provide advice (on request or otherwise) to the scheme managers or the scheme's pension boards in relation to the effective and efficient administration and management of—
the scheme and any statutory pension scheme that is connected with it, or
any pension fund of the scheme and any connected scheme.
the desirability of changes to the scheme, or
A person to whom advice is given by virtue of subsection (1) or (2) must have regard to the advice.
the desirability of changes to any other scheme under section 1 which—
is connected with it, and
is not an injury or compensation scheme.
The regulations must include provision—
requiring the responsible authority—
to be satisfied that a person to be appointed as a member of the board does not have a conflict of interest, and
to be satisfied from time to time that none of the members of the board has a conflict of interest;
requiring a member of the board, or a person proposed to be appointed as a member of the board, to provide the responsible authority with such information as the authority reasonably requires for the purposes of provision under paragraph (a).
Subsection (1) does not apply to a scheme under section 1 if—
the scheme is connected with another scheme under section 1 which is not an injury or compensation scheme, and
a scheme advisory board is provided for under subsection (1) in scheme regulations for that other scheme.
In subsection (4) (a) “conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudice the person's exercise of functions as a member of the board (but does not include a financial or other interest arising merely by virtue of membership of the scheme or any connected scheme).
In this Act, a board established under this section is called a “scheme advisory board”.
Scheme regulations may establish a scheme under section 1 as—
a defined benefits scheme,
a defined contributions scheme, or
a scheme of any other description.
A scheme under section 1 which is a defined benefits scheme must be—
a career average revalued earnings scheme, or
a defined benefits scheme of such other description as Treasury regulations may specify.
Treasury regulations may not specify a final salary scheme under subsection (2)(b).
A scheme under section 1 is a “career average revalued earnings scheme” if—
the pension payable to or in respect of a person, so far as it is based on the person's pensionable service, is determined by reference to the person's pensionable earnings in each year of pensionable service, and
those earnings, or a proportion of those earnings accrued as a pension, are under the scheme revalued each year until the person leaves pensionable service.
Treasury regulations under this section are subject to the negative Commons procedure.
The extent to which a scheme under section 1 is a career average revalued earnings scheme is not affected by provision contained in scheme regulations that is made under section 78 of PSPJOA 2022 (local government schemes: power to pay final salary benefits).
This section applies in relation to a scheme under section 1 which—
requires a revaluation of pensionable earnings of a person, or a proportion of those earnings accrued as a pension, until the person leaves pensionable service, and
requires such a revaluation to be by reference to a change in prices or earnings (or both) in a given period.
The change in prices or earnings to be applied for the purposes of such a revaluation is to be such percentage increase or decrease as a Treasury order may specify in relation to the period.
For the purposes of making such an order the Treasury may determine the change in prices or earnings in any period by reference to the general level of prices or earnings estimated in such manner as the Treasury consider appropriate.
A Treasury order under this section—
must be made in each year;
may make different provision for different purposes.
A Treasury order under this section is subject to—
the affirmative Commons procedure, if the order specifies a percentage decrease for the purposes of subsection (2), and
the negative Commons procedure, in any other case.
For the purposes of subsection (1) any gap in the person's pensionable service which does not exceed five years is to be disregarded.
The normal pension age of a person under a scheme under section 1 must be—
the same as the person's state pension age, or
65, if that is higher.
Subsection (1) does not apply in relation to— The normal pension age of such persons under a scheme under section 1 must be 60.
fire and rescue workers who are firefighters,
members of a police force, and
members of the armed forces.
The deferred pension age of a person under a scheme under section 1 must be—
the same as the person's state pension age, or
65, if that is higher.
Where— the change to the person's normal or deferred pension age must under the scheme apply in relation to all the benefits (including benefits already accrued under the scheme) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
a person's state pension age changes, and
the person's normal or deferred pension age under a scheme under section 1 changes as a result of subsection (1) or (3),
In this Act—
“normal pension age”, in relation to a person and a scheme, means the earliest age at which the person is entitled to receive benefits under the scheme (without actuarial adjustment) on leaving the service to which the scheme relates (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise);
“deferred pension age”, in relation to a person and a scheme, means the earliest age at which the person is entitled to receive benefits under the scheme (without actuarial adjustment) after leaving the service to which the scheme relates at a time before normal pension age (and disregarding any special provision as to early payment of benefits on the grounds of ill-health or otherwise);
“state pension age”, in relation to a person, means the pensionable age of the person as specified from time to time in Part 1 of Schedule 4 to the Pensions Act 1995.
Scheme regulations for a scheme under section 1 which is a defined benefits scheme must provide for actuarial valuations to be made of—
the scheme, and
any statutory pension scheme that is connected with it.
Such a valuation is to be carried out in accordance with Treasury directions.
Subsection (1) does not apply to a scheme under section 1 if—
the scheme is connected with another scheme under section 1, and
actuarial valuations are provided for under subsection (1) in scheme regulations for that other scheme.
Treasury directions under subsection (2) may in particular specify—
how and when a valuation is to be carried out;
the time in relation to which a valuation is to be carried out;
the data, methodology and assumptions to be used in a valuation;
the matters to be covered by a valuation;
where a scheme under section 1 and another statutory pension scheme are connected, whether the schemes are to be valued separately or together (and if together, how);
the period within which any changes to the employer contribution rate under a scheme under section 1 must take effect following a valuation.
Treasury directions under subsection (2), and variations and revocations of such directions, may only be made after the Treasury has consulted the Government Actuary.
Scheme regulations for a scheme under section 1 which is not a defined benefits scheme may provide for actuarial valuations to be made of the scheme and any statutory pension scheme that is connected with it; and if they do, subsections (2) to (4) apply.
Scheme regulations for a scheme under section 1 which is a defined benefits scheme must set a rate, expressed as a percentage of pensionable earnings of members of the scheme, to be used for the purpose of measuring changes in the cost of the scheme.
In this section, the rate set under subsection (1) is called the “employer cost cap”.
Subsection (1) must be complied with before the end of the period of one year beginning with the day on which the scheme’s first valuation under section 11 is completed.
The employer cost cap of a scheme under section 1 is to be set, and the changes in the cost of such a scheme are to be measured, in accordance with Treasury directions.
A reference in this section to “the employer cost cap” of a scheme under section 1 is a reference to the rate set by virtue of subsection (1) in relation to the scheme.
Treasury directions may in particular specify—
how the first valuation under section 11 of a scheme under section 1 is to be taken into account in setting the employer cost cap of the scheme;
the costs, or changes in costs, that are to be taken into account on the second or any subsequent valuation of a scheme under section 1 for the purposes of measuring changes in the cost of the scheme against the employer cost cap of the scheme;
whether and if so to what extent costs or changes in the costs of any statutory pension scheme which is connected with a scheme under section 1 are to be taken into account for the purposes mentioned in paragraph (b).
that the data, methodologies and assumptions that are to be used for the purposes mentioned in paragraph (b) are to relate, to any extent, to—
the growth in the economy, or any sector of the economy, of the United Kingdom or any part of the United Kingdom,
the growth in earnings of any group of persons over any period, or
the rate of inflation (however measured) over any period.
Treasury regulations must make—
provision requiring the cost of a scheme(determined, if and so far as provided for by virtue of subsection (4)(c), taking into account the costs of any connected scheme) to remain within specified margins either side of the employer cost cap, and
for cases where the cost of a scheme would otherwise go beyond either of those margins, provision specifying a target cost within the margins.
For cases where the cost of a scheme under section 1 would otherwise go beyond either of the margins specified under subsection (5)(a), scheme regulations may provide for—
a procedure for the responsible authority, the scheme manager (if different), employers and members (or representatives of employers and members) to reach agreement on the steps required to achieve the target cost for the scheme, and
the steps to be taken for that purpose if agreement is not reached under that procedure.
The power to give directions by virtue of subsection (4)(d) is not affected by any statement made before 27 May 2021 by the Treasury, or any Minister of the Crown, relating to the data, methodologies and assumptions that are, or are not, to be used for the purposes mentioned in subsection (4)(b).
The steps referred to in subsection (6) may include the increase or decrease of members' benefits or contributions.
Treasury regulations under this section may—
include consequential or supplementary provision;
make different provision for different schemes.
Treasury regulations under this section are subject to the negative Commons procedure.
Treasury directions may specify the time at which any increase or decrease of members’ benefits or contributions that is provided for under subsection (6) is to take effect.
Treasury directions may require that provision contained in scheme regulations under subsection (6) permits steps to be— only after the scheme actuary has certified that the steps would, if taken, achieve the target cost for the scheme.
agreed by virtue of paragraph (a) of that subsection, or
determined by virtue of paragraph (b) of that subsection,
Treasury directions under subsection (7B) may specify— for the purposes of determining whether any steps would, if taken, achieve the target cost for the scheme.
the costs or changes in costs that are to be taken into account, or
the data, methodologies and assumptions that are to be used,
In subsection (7B) “the scheme actuary”, in relation to a scheme under section 1, means the actuary who carried out, or is for the time being exercising actuarial functions in relation to, the valuation under section 11 by reference to which it has been determined that the costs of the scheme have gone, or may go, beyond either of the margins specified under subsection (5)(a).
This section applies in relation to a scheme under section 1 which is a defined benefits scheme with a pension fund.
Scheme regulations must provide for the rate of employer contributions to be set at an appropriate level to ensure—
the solvency of the pension fund, and
the long-term cost-efficiency of the scheme, so far as relating to the pension fund.
For that purpose, scheme regulations must require actuarial valuations of the pension fund.
Where an actuarial valuation under subsection (3) has taken place, a person appointed by the responsible authority is to report on whether the following aims are achieved—
the valuation is in accordance with the scheme regulations;
the valuation has been carried out in a way which is not inconsistent with other valuations under subsection (3);
the rate of employer contributions is set as specified in subsection (2).
A report under subsection (4) must be published; and a copy must be sent to the scheme manager and (if different) the responsible authority.
If a report under subsection (4) states that, in the view of the person making the report, any of the aims in that subsection has not been achieved—
the report may recommend remedial steps;
the scheme manager must—
take such remedial steps as the scheme manager considers appropriate, and
publish details of those steps and the reasons for taking them;
the responsible authority may—
require the scheme manager to report on progress in taking remedial steps;
direct the scheme manager to take such remedial steps as the responsible authority considers appropriate.
The person appointed under subsection (4) must, in the view of the responsible authority, be appropriately qualified.
Section 11(1) (valuations) does not require scheme regulations to provide for actuarial valuations to be made of a scheme to which this section applies.
Section 12(1) (employer cost cap) does not apply to a scheme to which this section applies.
This section applies to a scheme under section 1 which—
is a restricted scheme, and
is specified for the purposes of this section in Treasury regulations.
For the purposes of this section a scheme under section 1 is a “restricted scheme” at any time if any enactment restricts the provision of benefits under the scheme to or in respect of a person in relation to the person’s service after that time.
Treasury regulations under this section may include consequential or supplementary provision.
Treasury regulations under this section are subject to the negative Commons procedure.
Scheme regulations must require the scheme manager for a scheme under section 1 which is a defined benefits scheme to provide benefit information statements to each person in pensionable service under the scheme in accordance with this section.
A benefit information statement must include—
a description of the benefits earned by the person in respect of his or her pensionable service, and
such other information as Treasury directions may specify.
The information included in a benefit information statement must comply with such requirements as Treasury directions may specify.
A benefit information statement must be provided—
no later than the relevant date, and
at least once in each year ending with the anniversary of that date.
The relevant date is the last day of the period of 17 months beginning with the day on which scheme regulations establishing the scheme come into force.
A benefit information statement must be provided in such manner as Treasury directions may specify.
Treasury directions may require the scheme manager or responsible authority of a scheme under section 1 to—
publish scheme information, or
provide scheme information to the Treasury.
In subsection (1), “scheme information” means information about the scheme and any statutory pension scheme that is connected with it.
The information to which Treasury directions under this section may relate includes in particular—
scheme accounts;
information about any scheme funding, assets and liabilities;
information about scheme membership;
information about employer and member contributions;
information about scheme administration and governance.
Treasury directions under this section may specify how and when information is to be published or provided.
Treasury directions under this section may not require publication or provision of anything that the scheme manager or responsible authority could not otherwise lawfully publish or provide.
The scheme manager for a scheme under section 1 and any statutory pension scheme that is connected with it must keep such records as may be specified in regulations made by the Secretary of State.
Regulations under this section are subject to the negative procedure.
Schedule 4 contains provision relating to the regulation of schemes under section 1, new public body pension schemes and connected schemes.
The Secretary of State may by order make—
provision consequential on Schedule 4, and
further provision for, or in connection with, the regulation of public service pension schemes within the meaning of the Pensions Act 2004 (as amended by that Schedule).
The provision referred to in subsection (2) includes provision made by amending any legislation (including this Act).
An order under this section may make different provision for different purposes.
An order under this section is subject to—
the affirmative procedure, if it amends primary legislation, and
the negative procedure, in any other case.
No benefits are to be provided under an existing scheme to or in respect of a person in relation to the person's service after the closing date.
In this Act “existing scheme” means a scheme listed in Schedule 5 (whether made before or after this section comes into force).
Subsection (1) does not apply—
in relation to an existing scheme which is a defined contributions scheme;
to benefits excepted by Schedule 5.
The closing date is— ...
31 March 2014 for an existing scheme which is a relevant local government scheme, and
31 March 2015 in any other case.
31 March 2016 for an existing scheme which is a relevant Agency scheme, and
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persons who were members of an existing scheme, or who were eligible to be members of such a scheme, immediately before 1 April 2012, and
such other persons as the regulations may specify, being persons who before that date had ceased to be members of an existing scheme or to be eligible for membership of such a scheme.
Subsection (1) does not apply, and is treated as never having applied, in relation to a person’s service that is pensionable service under an existing scheme by virtue of— For further provision affecting the application of subsection (1), see section 89(1) of that Act.
section 2(1) of PSPJOA 2022 (remediable service treated as pensionable service under Chapter 1 legacy scheme), or
section 42(2) of that Act (remediable service treated as pensionable service under judicial legacy scheme).
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is not satisfied before the specified date, but
is satisfied no more than 4 years after that date.
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In subsection (1), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.
In subsection (4) — “relevant Agency scheme” means regulations under section 1 of the Superannuation Act 1972 which relate to staff of the Secret Intelligence Service or Security Service; relevant local government scheme” means regulations under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales.
Scheme regulations for a scheme under section 1 may secure that no benefits are to be provided under a scheme listed in Schedule 6 that is connected with it.
Where Schedule 6 specifies particular benefits in relation to a scheme, the power under subsection (1) is exercisable only in relation to those benefits.
Scheme regulations may provide for exceptions to subsection (1).
Provision made under this section may in particular be made by amending the connected scheme.
Schedule 7 contains provision for a “final salary link” in relation to schemes to which section 18(1) applies (and see section 31(14)).
Before making scheme regulations the responsible authority must consult such persons (or representatives of such persons) as appear to the authority likely to be affected by them.
The responsible authority must publish a statement indicating the persons that the authority would normally expect to consult under subsection (1) (and keep the statement up-to-date).
Subsection (1) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
Subsection (1) may, in relation to provision contained in scheme regulations— be satisfied by consultation before, as well as after, the coming into force of the provision mentioned in paragraph (a) or (b).
under any provision contained in Part 1 of PSPJOA 2022, or
under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022),
Subsection (1) may be satisfied, in relation to provision contained in scheme regulations— by consultation carried out before, as well as after, the coming into force of the provision mentioned in paragraph (a) or of section 7(2)(b) of the Pension Schemes Act 2026 (as the case may be).
made under any provision of Chapter 1 of Part 1 of the Pension Schemes Act 2026, or
made under section 3(2)(d) above,
This section applies where, after the coming into force of scheme regulations establishing a scheme under section 1, the responsible authority proposes to make further scheme regulations containing provision changing the protected elements of the scheme within the protected period.
The responsible authority must—
consult the persons specified in subsection (3) with a view to reaching agreement with them, and
lay a report before the appropriate legislature.
The persons referred to in subsection (2)(a) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the regulations if they were made.
The report under subsection (2)(b) must set out why the responsible authority proposes to make the regulations, having regard to the desirability of not making a change to the protected elements of a scheme under section 1 within the protected period.
In this section—
“stakeholder pension scheme” means a scheme which is a stakeholder pension scheme for the purposes of Part 1 of the Welfare Reform and Pensions Act 1999 (see section 1 of that Act).
a stakeholder pension scheme,
A scheme under section 26 of the Fire Services Act 1947.
The Pension Schemes Act 1993 is amended as follows.
In this Act, “civil servants” means persons employed in the civil service of the State (not including the civil service of Northern Ireland).
In this Act, “teachers” includes persons who are employed otherwise than as teachers— who are specified in scheme regulations.
in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or
in employment which involves the performance of duties in connection with the provision of education or services ancillary to education, and
In this Act “members of a police force”—
in relation to England and Wales, includes special constables and police cadets;
in relation to Scotland, means members of the Police Service of Scotland and police cadets.
This paragraph applies in a case where— The amount of the earnings that are to be regarded as derived from the old scheme service must not be materially less than the amount of the earnings that would have been the person's pensionable earnings derived from that service had the new scheme service been old scheme service.
Where the condition in sub-paragraph (1)(b) of paragraph 1 or 2 applies by virtue of periods of pensionable service for two or more different schemes—
identify the last period of pensionable service by virtue of which that paragraph applies and the scheme to which that service relates, and
disregard, for the purposes of that sub-paragraph, periods of pensionable service relating to other schemes.
In section 2 of the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960, after subsection (1A) there is inserted—
Section 214 of the Merchant Shipping Act 1995 (pension rights of persons whose salaries are paid out of the General Lighthouse Fund) is amended as follows. The existing provision is numbered as subsection (1). After that subsection there is inserted—
In section 34 of the Fire and Rescue Services Act 2004 (pensions etc), after subsection (1) there is inserted—
In section 3 of the Parliament (Joint Departments) Act 2007 (staff), in subsection (2)(c), after “kept in line with the provisions of” there is inserted “, or provided under,”.
The Ministerial and other Salaries Act 1975 is amended as follows. In section 1 (salaries), in subsection (2), for the words from “at such rate” to the end there is substituted of— In that section, after subsection (5) there is inserted— In section 1A (alteration of salaries), in subsection (1), after “section 1(1),” insert “(2)(a) or (b),”.
A scheme under section 34 of the Fire and Rescue Services Act 2004. Exception: injury benefits and compensation benefits
Section 71 (short service benefit) is amended as follows. In subsection (3), for “subsection (4)” there is substituted “subsections (4) and (5A)”. After subsection (5) there is inserted—
The scheme constituted by the Royal Warrant of 19 December 1949 (see Army Order 151 of 1949). Specified benefits: injury benefits
The Superannuation Act 1972 is amended as follows.
In the Judicial Pensions Act 1981, before section 29A there is inserted—
An Order in Council under section 3 of the Naval and Marine Pay and Pensions Act 1865. Specified benefits: injury benefits
In section 1 (superannuation schemes as respects civil servants, etc), after subsection (1) there is inserted—
An order under section 2 of the Pensions and Yeomanry Pay Act 1884. Specified benefits: injury benefits
In section 7 (superannuation of persons employed in local government service, etc), after subsection (1) there is inserted—
An order under section 2 of the Air Force (Constitution) Act 1917. Specified benefits: injury benefits
In section 9 (superannuation of teachers), after subsection (1) there is inserted—
An order or regulations under section 4 of the Reserve Forces Act 1996 containing provision made under section 8 of that Act. Specified benefits: injury benefits and compensation benefits
In section 10 (superannuation of persons engaged in health services, etc), after subsection (1) there is inserted—
A scheme under section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004. Specified benefits: injury benefits and compensation benefits For the purposes of sub-paragraph (1), “compensation benefits” includes benefits by way of payments for resettlement or retraining.
In section 24 (compensation for loss of office, etc), after subsection (1) there is inserted—
A scheme under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004.
In section 83 (scope of Chapter 2: revaluation of accrued benefits), after subsection (1A) there is inserted—
“protected elements”, in relation to a scheme under section 1, means—
“partnership pension account”, in relation to a person in service in an employment or office, means— to which the person’s employer is paying contributions;
This paragraph applies in a case where— The amount of the earnings that are to be regarded as derived from the deemed transfer scheme service must not be materially less than the amount of the earnings that would have been the person's pensionable earnings derived from that service had the new scheme service been deemed transfer scheme service. In sub-paragraph (1)(c), the reference to a transfer of rights to benefit includes the making of a transfer payment in respect of such rights.
Scheme regulations may provide that where a pension in payment under a scheme to which section 18(1) or 31(2) applies has been calculated by reference to this Schedule, the pension cannot be recalculated by reference to this Schedule where there is a subsequent period of pensionable public service (within the meaning of paragraph 3). Provision made under sub-paragraph (1) may in particular be made by amending the scheme under which the pension is in payment.
Schedule 6 to the Constitutional Reform and Governance Act 2010 (parliamentary and other pensions) is amended as follows. Paragraph 12(2) to (5) (exclusion from MPs' scheme of persons with service as Lord Chancellor, Prime Minister or Commons Speaker) is repealed. In paragraph 16 (Ministers' etc pension scheme)—
In section 4 of the Ministerial and other Pensions and Salaries Act 1991 (grants to persons ceasing to hold ministerial and other offices), in subsection (6)—
in paragraph (a), “, other than that of Prime Minister and First Lord of the Treasury,” is repealed;
after paragraph (ba) there is inserted—.
a personal pension scheme, or
In this Act, “the judiciary” means holders of an office specified in an order made by— An order under sub-paragraph (1) that specifies a devolved office in or as regards Scotland or Northern Ireland may only be made at the request of the relevant national authority. In sub-paragraph (2), “relevant national authority” means— An order under sub-paragraph (1) is subject to the negative procedure.
In this Act, “health service workers” means persons engaged in health services and specified in scheme regulations. In this paragraph, “health services” means services specified in scheme regulations.
In this Act, “the armed forces” means the naval, military and air forces of the Crown.
benefit accrual rates under the scheme.
Section 1(3)
Section 2(1)
Scheme regulations for civil servants may be made by the Minister for the Civil Service.
Scheme regulations for health service workers may be made by—
the Secretary of State, in or as regards England and Wales;
the Scottish Ministers, in or as regards Scotland.
Scheme regulations for the armed forces may be made by the Secretary of State.
A scheme constituted by section 20 of the Sheriff Courts (Scotland) Act 1907.
The scheme constituted by the Royal Warrant of 19 December 1949 (see Army Order 151 of 1949). Exception: injury benefits
For the purposes of paragraphs 1(2)(a) and 2(2)(a), there are to be disregarded— In this paragraph, “pensionable public service” means service which is pensionable service in relation to—
In section 1 of the Sheriffs' Pensions (Scotland) Act 1961, after subsection (1) there is inserted—
In Schedule 4 to the Human Rights Act 1998 (judicial pensions), in the definition of “pensions Act” in paragraph 4, after paragraph (d) (but before the final “and”) there is inserted—.
Public Service Pensions Act 2013 Schedule 1, paragraph 2(1). Schedule 2, paragraph 2
Scheme regulations for the judiciary may be made by the Lord Chancellor. Before making scheme regulations in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, the Lord Chancellor must consult the Secretary of State.
A scheme constituted by paragraph 23 of Schedule 9 to the Agriculture Act 1947, so far as relating to payment of pension benefits.
An Order in Council under section 3 of the Naval and Marine Pay and Pensions Act 1865. Exception: injury benefits
A scheme constituted by or made under any provision of Part XIII of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)).
An order under section 2 of the Pensions and Yeomanry Pay Act 1884. Exception: injury benefits
A scheme constituted by or made under any provision of the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.)).
An order under section 2 of the Air Force (Constitution) Act 1917. Exception: injury benefits
A scheme constituted by or made under any provision of the Sheriffs' Pensions (Scotland) Act 1961.
Orders or regulations under section 4 of the Reserve Forces Act 1996 containing provision made under section 8 of that Act. Exception: injury benefits and compensation benefits
A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977. Exception: injury benefits and compensation benefits
A scheme under section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004. Exception: injury benefits and compensation benefits For the purposes of sub-paragraph (1), “compensation benefits” includes benefits by way of payments for resettlement or retraining.
A scheme constituted by or made under any provision of the Judicial Pensions Act 1981. Exception: injury benefits under a scheme constituted by or made under Part 3 of Schedule 1 to that Act
A scheme constituted by paragraph 9 of Schedule 4 to the Rent (Scotland) Act 1984.
A scheme constituted by or made under any provision of Part 1 or section 19 of the Judicial Pensions and Retirement Act 1993. Exception: benefits payable to or in respect of a holder of a devolved office
A scheme constituted by paragraph 4(1) of Schedule 1 to the Scottish Land Court Act 1993.
A scheme constituted by or made under paragraph 6 of Schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
A scheme constituted by or made under paragraph 9 of Schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).
A scheme constituted by paragraph 2(1)(b) of Schedule 2 to the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), so far as relating to payment of pension benefits.
A scheme constituted by paragraph 6(3) of Schedule 11 to the Welsh Language (Wales) Measure 2011 (nawm 1).
Section 3(2)(a)
Eligibility and admission to membership. This includes—
specifying who, of the persons in relation to whom the scheme regulations may be made, is eligible for membership;
conditions of eligibility.
The benefits which must or may be paid under the scheme. Those benefits may include—
pensions and other benefits on leaving service to which the scheme relates (whether before, at or after normal pension age);
benefits payable on death (in service or otherwise);
compensation payments (including for death, injury or redundancy);
discretionary payments and concessions.
The persons to whom benefits under the scheme are payable. Those persons may include—
active, deferred and pensioner members of the scheme;
pension credit members of the scheme;
widows, widowers, surviving civil partners and surviving dependants.
The conditions subject to which benefits are payable.
The assignment of benefits, including restrictions on assignment.
The forfeiture or suspension of benefits.
The recovery of overpaid benefits.
The exclusion of double recovery of compensation or damages. This includes—
exclusion or modification of rights to compensation or damages in respect of any matter in a case where benefits are paid under the scheme in respect of the same matter;
exclusion or modification of rights to benefits under the scheme where compensation or damages are received in respect of the same matter from another source.
Contributions, including—
the making of contributions by employers and members;
contribution rates;
interest on late payment of contributions;
the return of contributions (with or without interest).
The payment or receipt of transfer values or other lump sum payments for the purpose of creating or restoring rights to benefits (under the scheme or otherwise).
Pension funds (for schemes which have them). This includes the administration, management and winding-up of any pension funds. In the case of a scheme for local government workers this also includes merger (including compulsory merger) of two or more separate pension funds.
The administration and management of the scheme, including—
the giving of guidance or directions by the responsible authority to the scheme manager (where those persons are different) including guidance or directions on investment decisions which it is not proper for the scheme manager to make in light of UK foreign and defence policy;
the person by whom benefits under the scheme are to be provided;
the provision or publication of information about the scheme.
The delegation of functions under scheme regulations, including—
delegation of functions by the scheme manager or responsible authority;
further delegation of functions by any delegatee.
The payment by an employer of—
any costs relating to the administration of the scheme;
any costs incurred because of a failure by the employer to comply with the employer's obligations under the scheme;
interest relating to payments to be made by virtue of this paragraph.
The resolution of disputes and appeals (including the referral to a court of law of questions of law which under the scheme fall to be determined by the responsible authority).
Section 17(1)
The Pensions Act 2004 is amended as follows.
In section 11 (annual reports), in subsection (3), at the end there is inserted—
Section 13 (improvement notices) is amended as follows. In subsection (3)(a), after “90” there is inserted “ or 90A ”. In subsection (7)—
After section 14 there is inserted—
In section 17 (power of the Regulator to recover unpaid contributions), subsection (3) is amended as follows. In the definition of “due date”— In the definition of “employer contribution”—
In section 70 (duty to report breaches of the law), in subsection (1)—
after paragraph (a) there is inserted—;
in paragraph (b), for “such a scheme” there is substituted “ an occupational or personal pension scheme ”.
After section 70 there is inserted—
Section 71 (reports by skilled persons) is amended as follows. In subsection (1)—
In section 72 (provision of information), in subsection (2), after paragraph (a) there is inserted—.
In section 73 (inspection of premises), in subsection (2)—
after paragraph (d) there is inserted—;
in paragraph (e), for “(d)” there is substituted “ (da) ”.
In section 89 (reports), at the end there is inserted—
After section 89 there is inserted—
Section 90 (codes of practice) is amended as follows. In subsection (4), after “code of practice” (where first occurring) there is inserted “ issued under this section ”. In subsection (7), at the end there is inserted “under this section”. At the end of the section there is inserted—
After section 90 there is inserted—
Section 91 (procedure for codes) is amended as follows. In subsection (1), after “code of practice” there is inserted “ under section 90 or 90A ”. In subsections (4)(a) and (10), after “90” there is inserted “ or 90A ”.
In section 92 (revocation of codes), in subsection (1), after “code of practice” there is inserted “under section 90 or 90A”.
In section 93 (procedure for regulatory functions), in subsection (2), after paragraph (b) there is inserted—.
In section 92 (revocation of codes), in subsection (1), after “code of practice” there is inserted “ under section 90 or 90A ”.
In section 154 (requirement to wind up schemes with sufficient assets), in subsection (14), after “public service pension scheme” there is inserted “ (within the meaning of the Pension Schemes Act 1993) ”.
After section 248 there is inserted—
In section 249A (requirement for internal controls), in subsection (3)—
before paragraph (a) there is inserted—;
in paragraph (a) for “a scheme” there is substituted “ any other scheme ”.
After section 249A there is inserted—
Section 318 (interpretation) is amended as follows. “pension board” has the same meaning as in the Public Service Pensions Act 2013 (see section 5 of that Act); “public service pension scheme” means, subject to subsection (6)— “scheme manager”, in relation to a public service pension scheme, has the same meaning as in the Public Service Pensions Act 2013 (see section 4 of that Act); After subsection (5) there is inserted—
Section 18
“the appropriate legislature” means—
Regulations under section 9 of the Superannuation Act 1972. Exception: injury benefits
In section 1 of the Police Pensions Act 1976 (police pensions regulations), after subsection (1) there is inserted—
In section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees), in subsection (4), after paragraph (fa) there is inserted—.
Parliament, where the responsible authority is the Secretary of State, the Minister for the Civil Service or the Lord Chancellor;
Section 19
A scheme under section 1 of the Superannuation Act 1972. Specified benefits: injury benefits and compensation benefits
Regulations under section 9 of the Superannuation Act 1972. Specified benefits: injury benefits
Regulations under section 1 of the Police Pensions Act 1976. Specified benefits: injury benefits
A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8). Specified benefits: injury benefits and compensation benefits
Sections 20 and 31
Section 27
Section 29
The Superannuation Act 1972 is amended as follows.
In section 1 (superannuation schemes as respects civil servants, etc), after subsection (4) there is inserted—
After section 1 there is inserted—
Section 31(1)
Arts and Humanities Research Council.
Biotechnology and Biological Sciences Research Council.
Civil Nuclear Police Authority.
Commissioners of Irish Lights.
Economic and Social Research Council.
Engineering and Physical Sciences Research Council.
Natural Environment Research Council.
Commissioners of Northern Lighthouses.
Science and Technology Facilities Council.
Secret Intelligence Service.
Security Service.
Technology Strategy Board.
Trinity House Lighthouse Service.
United Kingdom Atomic Energy Authority.
Section 33
“protected elements”, in relation to a scheme under section 1, means—
The Lord Chancellor's Pension Act 1832 is repealed.
Sections 26 to 28 of the Parliamentary and other Pensions Act 1972 (pensions of Prime Minister, Commons Speaker and Lord Chancellor etc) are repealed.
In the Judicial Pensions Act 1981—
in section 16 (application and interpretation of Part 2 of Act), in the Table, the entry relating to the office of Lord Chancellor is repealed;
section 26 (references to retirement, in relation to Lord Chancellor, to be read as resignation from office) is repealed.
The provisions listed in the following table (which includes spent provisions) are repealed— Act Extent of repeal Pensions (Increase) Act 1971 (c. 56) In Schedule 2, paragraphs 1 to 3. Parliamentary and other Pensions Act 1972 (c. 48) Sections 31, 36 and 37. Ministerial and other Pensions and Salaries Act 1991 (c. 5) Sections 1 and 3(1). Parliamentary and other Pensions Act 1987 (c. 45) In Schedule 3, paragraph 4. Pensions Act 1995 (c. 26) Section 170. Civil Partnership Act 2004 (c. 33) In Schedule 25, paragraph 3. Constitutional Reform and Governance Act 2010 (c. 25) In Schedule 6, paragraphs 36 and 37.
In this section, references to a change to the protected elements do not include a change appearing to the responsible authority to be required by or consequential upon section 12 (employer cost cap).
In a case where this section applies, there is no requirement to consult under section 21(1).
Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme, the authority must first obtain the consent of the persons referred to in subsection (3).
Where the responsible authority proposes to make scheme regulations containing retrospective provision which appears to the authority— the authority must first consult the persons specified in subsection (3) with a view to reaching agreement with them.
not to have significant adverse effects as specified in subsection (1), but
to have significant adverse effects in any other way in relation to members of the scheme (for example, in relation to injury or compensation benefits),
The persons referred to in subsections (1) and (2) are the persons (or representatives of the persons) who appear to the responsible authority to be likely to be affected by the provision if it were made.
The responsible authority must, in a case falling within subsection (1) or (2), lay a report before the appropriate legislature (as defined in section 22).
In a case falling within subsection (1) or (2) there is no requirement to consult under section 21(1).
This section does not apply in relation to provision contained in scheme regulations that is made—
under any provision contained in Part 1 of PSPJOA 2022, or
under section 3(2)(c) of this Act (consequential etc provision in relation to Part 1 of PSPJOA 2022).
Scheme regulations are subject to the affirmative procedure if—
they amend primary legislation,
section 23(1) or (2) (procedure for retrospective provision having significant adverse effects) applies, or
they are scheme regulations for a scheme relating to the judiciary, unless the pension board for that scheme has stated that it considers the regulations to be minor or wholly beneficial.
Scheme regulations are subject to the negative procedure in any other case.
If scheme regulations otherwise subject to the negative procedure are combined with scheme regulations subject to the affirmative procedure, the combined regulations are subject to the affirmative procedure.
Scheme regulations for a scheme under section 1 may make provision for the payment of pensions and other benefits to or in respect of—
persons who are specified in section 1(2), but
in relation to whom the responsible authority could not otherwise make a scheme under section 1.
Scheme regulations for a scheme under section 1 may make provision to deem persons of any description to fall within a given description of persons specified in section 1(2).
Scheme regulations for a scheme under section 1 may specify persons, not being persons specified in section 1(2), as persons to whom the scheme may potentially relate.
The persons specified under subsection (3) may be any persons (other than persons specified in section 1(2)) that the responsible authority considers appropriate.
The responsible authority may then at any time determine that the scheme is to relate to some or all of those persons.
By virtue of a determination under subsection (5) the scheme regulations then apply to the persons to whom the determination relates as they apply to other persons to or in respect of whom pensions and other benefits are provided under the scheme (or such class of other persons as may be specified in the determination).
Subsection (6) is subject to—
any special provision made in the scheme regulations, and
a direction under subsection (8).
Scheme regulations made under subsection (2) or (3) in relation to any persons may include provision authorising the responsible authority by direction to modify provisions of the regulations in their application to those persons for the purpose of—
securing appropriate protection against additional costs to the scheme that might result from the application of the scheme regulations to those persons,
obtaining information about those persons, their employers and other relevant persons, or
taking appropriate account of—
the arrangements under which those persons are employed, and
the organisational structures of their employers.
The responsible authority for a scheme under section 1 must publish a list of the persons to whom the scheme relates by virtue of determinations under subsection (5) (and keep the published list up-to-date).
A determination under subsection (5) may have retrospective effect.
Where, by virtue of section 4(5), there is more than one scheme manager for a scheme under section 1, the responsible authority may delegate its functions under subsection (5) or (9) to the scheme managers, subject to such conditions as the responsible authority considers appropriate.
The scheme manager or employer for a scheme under section 1 may make such payments as the scheme manager or employer considers appropriate towards the provision, otherwise than by virtue of the scheme, of pensions and other benefits to or in respect of—
persons to whom the scheme relates (including any to whom the scheme relates by virtue of section 25), and
persons to whom the scheme would have related but for the fact that, in accordance with the scheme, they have opted out of the scheme (or have failed to opt in to the scheme).
Subsection (1) is subject to any provision made in the scheme regulations for the scheme that restricts or otherwise affects the power to make payments under that subsection.
For the purposes of subsection (1)(b), a person is treated as having opted out of a scheme if the scheme would have related to the person (or would have done so if the person had opted that it should) but for the fact that the person had a partnership pension account.
In this section—
Subsection (2) applies where—
scheme regulations come into force establishing a scheme under section 1 for the judiciary, and
subsequently, an order is made under paragraph 2(1) of Schedule 1 (order specifying judicial offices for the purposes of the definition of “the judiciary”).
Scheme regulations for the scheme mentioned in subsection (1)(a) may make provision under which any right or obligation of a member holding an office specified in the order mentioned in subsection (1)(b) is determined by reference to service which takes place before (as well as after) the order comes into force.
This section is without prejudice to the generality of section 3(3)(b) (power to make retrospective provision in scheme regulations).
Schedule 8 contains consequential and minor amendments.
This section applies in relation to regulations under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales which are in force immediately before the coming into force of this section.
To the extent that— the regulations are to have effect as if they were scheme regulations relating to local government workers in England and Wales.
such regulations make provision for the payment of pensions and other benefits to or in respect of a person in relation to the person's service on or after 1 April 2014, and
that provision could be made under scheme regulations,
Accordingly, to that extent a scheme under such regulations is to have effect as a scheme under section 1.
Schedule 9 amends the Superannuation Act 1972 so as to extend access to schemes under section 1 of that Act (schemes as respects civil servants, etc).
The following provisions of this Act apply in relation to a new public body pension scheme (and any statutory pension scheme that is connected with it) as to a scheme under section 1 (and any connected scheme)—
section 3(1) and (2) and Schedule 3 (scheme regulations);
section 4 (scheme manager);
sections 5 and 6 (pension board), if the scheme has more than one member;
sections 8 to 10 (scheme design);
sections 11 to 12A (cost control);
sections 14 to 16 (information and records).
For the purposes of subsection (1), the provisions referred to in that subsection are to be read with the following modifications—
references to scheme regulations are to be read as references to the rules of the scheme;
references to the responsible authority are to be read as references to the public authority which established the scheme.
A new public body pension scheme, and any variation to the rules of the scheme, requires the consent of the Treasury.
This section does not apply to a new public body pension scheme which relates to a devolved body or office.
In this Act—
the National Assembly for Wales, where the responsible authority is the Welsh Ministers;
Regulations under section 10 of the Superannuation Act 1972. Exception: injury benefits
“new public body pension scheme” means a public body pension scheme established after the coming into force of this section.
Scheme regulations for teachers may be made by—
the Secretary of State, in or as regards England and Wales;
the Scottish Ministers, in or as regards Scotland.
Scheme regulations for members of a police force may be made by—
the Secretary of State, in or as regards England and Wales;
the Scottish Ministers, in or as regards Scotland.
“new public body pension scheme” means a public body pension scheme established after the coming into force of this section.
The following provisions of this section do not apply to a new public body pension scheme which is made under section 20(3) of the Government of Wales Act 2006 (remuneration of members of the Senedd: pensions)—
subsection (1)(e) (cost control);
subsection (3) (Treasury consent).
This section applies to a public body pension scheme which relates to members or staff of a body, or the holder of an office, listed in Schedule 10.
The public authority responsible for the scheme must make provision to secure that no benefits are provided under the scheme to or in respect of a person in relation to the person's service after a date determined by the authority.
Subsection (2) does not apply—
in relation to a public body pension scheme which is a defined contributions scheme, or
to injury or compensation benefits.
The public authority responsible for a scheme to which subsection (2) applies may provide for exceptions to the provision made under subsection (2) ... .
Provision made under subsection (2) or (4) may in particular be made by amending the public body pension scheme.
In subsection (2), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.
If any of the persons to whom a scheme to which subsection (2) applies relates are not eligible for membership of a scheme under section 1, the public authority responsible for the scheme may establish a new scheme for the payment of pensions or other benefits to or in respect of those persons (and see section 30).
Where a scheme to which subsection (2) applies was established in exercise of a statutory function or other power, the function or power may not be exercised again so as to establish a new defined benefits scheme in relation to the body or office.
In the case of a scheme established by deed of trust, subsections (2) and (4) apply irrespective of the provisions of the deed or the law relating to trusts.
A Treasury order may amend Schedule 10 so as to— but may not add a devolved body or office.
remove any body or office specified there;
add any body or office to it (by name or description),
A Treasury order under subsection (10) may make consequential or supplementary provision, including in particular provision made by amending any legislation.
A Treasury order under subsection (10) is subject to the negative procedure.
It is immaterial for the purposes of subsection (1) whether a scheme is made before or after the coming into force of this section.
Schedule 7 contains provision for a “final salary link” in relation to schemes to which subsection (2) applies.
A public body pension scheme established before the coming into force of this section may include—
provision securing that the normal and deferred pension age of a person under the scheme is—
the same as the person's state pension age, or
65, if that is higher, and
provision securing that changes in the person's normal or deferred pension age occurring in consequence of provision under paragraph (a) apply in relation to relevant accrued benefits (as well as other benefits).
In subsection (1)(b) “relevant accrued benefits”, in relation to a person and a scheme, means benefits accrued after the coming into force of the provision under subsection (1) which may be paid to or in respect of the person under the scheme and to which the normal or deferred pension age is relevant.
This section does not apply to a public body pension scheme which relates to a devolved body or office.
Schedule 11 makes provision about pension arrangements for the offices of—
Prime Minister and First Lord of the Treasury,
Lord Chancellor, and
Speaker of the House of Commons.
In Schedule 6 to the Constitutional Reform and Governance Act 2010 (Parliamentary and other pensions), after paragraph 29 there is inserted—
In section 4 of the European Parliament (Pay and Pensions) Act 1979 (pensions of MEPs), after subsection (3A) there is inserted—
The Secretary of State must, before the end of the period of six months beginning with the day on which section 10 (pension age) comes into force, prepare and lay before Parliament a report on the likely effect of that section on members or future members of—
the Defence Fire and Rescue Service, and
the Ministry of Defence Police.
The report under this section must include a report on—
the likely effect of section 10 on the health and well-being of members of the Defence Fire and Rescue Service and the Ministry of Defence Police,
the likely effect of section 10 on the ability of the Defence Fire and Rescue Service and Ministry of Defence Police to continue to meet operational requirements, and
the extent to which members of the Defence Fire and Rescue Service and Ministry of Defence Police are likely to take early retirement in consequence of section 10 (and on the consequences of taking early retirement for the persons taking it and for the taxpayer).
In this section “Defence Fire and Rescue Service” means the fire service maintained by the Secretary of State for Defence.
In this Act— “the affirmative procedure” and “the affirmative Commons procedure” have the meanings given in section 38; “armed forces” has the meaning given in Schedule 1; “body” includes an unincorporated body or organisation of persons (for example, a committee or board of trustees); “career average revalued earnings scheme” has the meaning given in section 8(4); “civil servants” has the meaning given in Schedule 1; “compensation benefits” means benefits by way of compensation for loss of office or employment; “connected”, in relation to a scheme under section 1 and another statutory pension scheme, or a new public body pension scheme and another statutory pension scheme, has the meaning given by section 4(6); “defined benefits scheme”: a pension scheme is a “defined benefits scheme” if or to the extent that the benefits that may be provided under the scheme are not money purchase benefits (within the meaning of the Pension Schemes Act 1993) or injury and compensation benefits; “defined contributions scheme”: a pension scheme is a “defined contributions scheme” if or to the extent that the benefits that may be provided under the scheme are money purchase benefits (within the meaning of the Pension Schemes Act 1993); “deferred pension age” has the meaning given in section 10(5); “devolved”: a body or office is “devolved” if or to the extent that provision about pensions payable to or in respect of members or staff of the body, or a holder of the office— would be within the legislative competence of the Northern Ireland Assembly were that provision contained in an Act of the Assembly, or is not a reserved matter within the meaning of the Scotland Act 1998; “earnings” includes any remuneration or profit derived from an employment; “employer”, in relation to a pension scheme, means— any employer of persons to whom the scheme relates, the person responsible for the remuneration of an office-holder to whom the scheme relates, or such other persons (in addition to, or instead of, any person falling within paragraph (a) or (b)) as scheme regulations or (in the case of a public body pension scheme) the rules of the scheme may provide; “existing scheme” has the meaning given in section 18(2); “final salary”, in relation to a person to or in respect of whom a pension under a pension scheme is payable, means the person's pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to, the time when the person's pensionable service in relation to that scheme terminates; “final salary scheme”: a pension scheme is a “final salary scheme” if entitlement to the pension payable to or in respect of a person which is based on the pensionable service of that person is or may be determined to any extent by reference to the person's final salary; “fire and rescue workers” has the meaning given in Schedule 1; “injury benefits” means benefits by way of compensation for incapacity or death as a result of injury or illness; “injury or compensation scheme”: a pension scheme is an “injury or compensation scheme” if it provides only for injury or compensation benefits (or both); “judiciary” has the meaning given in Schedule 1; “health service workers” has the meaning given in Schedule 1; “legislation” means primary or secondary legislation; “local authority” means— a local authority in England and Wales within the meaning of Part 1 of the Local Government and Housing Act 1989, or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “local government workers” has the meaning given in Schedule 1; “members of a police force” has the meaning given in Schedule 1; “the negative procedure” and “the negative Commons procedure” have the meanings given in section 38; “normal pension age” has the meaning given in section 10(5); “pension board” has the meaning given by section 5(8); “pension scheme” means a scheme for the payment of pensions or other benefits to or in respect of persons with service of a particular description; “pensionable earnings”, in relation to a pension scheme and a member of it, means earnings by reference to which a pension or other benefits under the scheme are calculated; “pensionable service”, in relation to a pension scheme, means service which qualifies a person to a pension or other benefits under that scheme; “primary legislation” means an Act, Act of the Scottish Parliament, Act or Measure of the National Assembly for Wales or Northern Ireland legislation; “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022; “public authority” means— a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975), a statutory body or the holder of a statutory office, or a person exercising a statutory function; “public body pension scheme” and “new public body pension scheme” have the meanings given in section 30(5); “responsible authority”, in relation to a scheme under section 1, has the meaning given by section 2(2); “scheme” includes arrangements of any description; “scheme advisory board” has the meaning given by section 7(6); “scheme manager”, in relation to a scheme under section 1, has the meaning given in section 4(2); “scheme regulations” has the meaning given in section 1(4); “secondary legislation” means an instrument made under primary legislation; “staff”, in relation to a body, includes any employee or officer of the body; “state pension age” has the meaning given in section 10(5); “statutory body” and “statutory office” mean a body or office established under any legislation; “statutory function” means a function conferred by any legislation; “statutory pension scheme” means— a pension scheme which is established by or under any legislation, and a public body pension scheme which is not so established; “teachers” has the meaning given in Schedule 1; “Treasury directions” means directions given by the Treasury; “Treasury order” means an order made by the Treasury; “Treasury regulations” means regulations made by the Treasury.
“scheme regulations” has the meaning given in section 1(4);
“scheme advisory board” has the meaning given by section 7(6);
Subject to sub-paragraph (2), this Schedule does not have effect in relation to any term of service as Prime Minister and First Lord of the Treasury, Lord Chancellor, or Speaker of the House of Commons beginning before the day on which section 33 comes into force. In relation to a term of service as Lord Chancellor beginning on or after 4 September 2012 (but before the day on which section 33 comes into force), the amendments made by paragraph 1 have effect from—
“statutory function” means a function conferred by any legislation;
Scheme regulations for local government workers may be made by—
the Secretary of State, in or as regards England and Wales;
the Scottish Ministers, in or as regards Scotland.
Scheme regulations for fire and rescue workers may be made by—
the Secretary of State, in or as regards England;
the Welsh Ministers, in or as regards Wales;
the Scottish Ministers, in or as regards Scotland.
A scheme constituted by paragraph 2 of Schedule 1 to the Coroners Act 1988.
the extent to which the scheme is a career average revalued earnings scheme;
Regulations under section 7 of the Superannuation Act 1972. Exception: injury benefits
In this Act, “local government workers” means persons employed in local government service and specified in scheme regulations. In this paragraph, “local government service” means service specified in scheme regulations.
In this Act, “fire and rescue workers” means persons employed by—
a fire and rescue authority in England or Wales,
the Scottish Fire and Rescue Service.
the chief constable of the police force for a police area having been—
transferred to the chief constable under a scheme made under section 4I(1) of the Fire and Rescue Services Act 2004, ...
appointed by the chief constable under section 4I(4) of that Act,
transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
appointed by the chief constable under section 107EC(2) of that Act, or
In relation to a time before the coming into force of section 101 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), the reference in paragraph 6(b) to the Scottish Fire and Rescue Service is to be read as a reference to a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5)).
A scheme under section 1 of the Superannuation Act 1972 .... Exception: injury benefits and compensation benefits
Regulations under section 7 of the Superannuation Act 1972. Specified benefits: injury benefits
A scheme under section 34 of the Fire and Rescue Services Act 2004. Specified benefits: injury benefits and compensation benefits
Regulations under section 24 of the Superannuation Act 1972.
In section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of judges), at the end there is inserted—
After section 8 of the Pensions (Increase) Act 1971 there is inserted—
In section 2 of the House of Commons (Administration) Act 1978 (functions of House of Commons Commission), in subsection (3), after “kept in line with the provisions of” there is inserted “, or provided under,”.
In section 1 of the Judicial Pensions and Retirement Act 1993, after subsection (1) there is inserted—
The Police Act 1996 is amended as follows.
In section 1 of the Armed Forces (Pensions and Compensation) Act 2004 (pension and compensation schemes for the armed and reserve forces), after subsection (2) there is inserted—
Where an individual— the individual is to be regarded, for the purposes of section 18(5) of the Public Service Pensions Act 2013 (transitional protection under existing schemes), as having been a member of the civil service scheme immediately before 1 April 2012. In sub-paragraph (11A)—
In relation to a time before the coming into force of section 6 of the Police and Fire Reform (Scotland) Act 2012, the reference in paragraph 7(b) to the Police Service of Scotland is to be read as a reference to a police force within the meaning of the Police (Scotland) Act 1967.
Schedule 2 to the Pensions (Increase) Act 1971 (official pensions) is amended as follows. After paragraph 4 there is inserted— After paragraph 4A there is inserted— After paragraph 15A there is inserted— After paragraph 16A there is inserted— After paragraph 20A there is inserted— After paragraph 22 there is inserted— After paragraph 29 there is inserted— After paragraph 39 there is inserted— After paragraph 43 there is inserted— After paragraph 44 there is inserted—
In section 11 of that Act (provision against pensions under two or more judicial pension schemes), at the end there is inserted—
In section 50 (regulations for police forces), after subsection (2) there is inserted—
Section 51 (regulations for special constables) is amended as follows. In subsection (2)— After subsection (2) there is inserted— Subsection (3) is repealed.
In section 52 (regulations for police cadets), after subsection (1) there is inserted—
an occupational defined contributions scheme,
Regulations under section 1 of the Police Pensions Act 1976. Exception: injury benefits
A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977. Specified benefits: injury benefits and compensation benefits
Regulations under section 10 of the Superannuation Act 1972. Specified benefits: injury benefits
A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8). Exception: injury benefits and compensation benefits
A scheme constituted by or made under Part 3 of Schedule 1 to the Judicial Pensions Act 1981.
A scheme constituted by section 11(b) of the Judicial Pensions Act 1981.
“civil servants” has the meaning given in Schedule 1;
For the purposes of this Act any power of the Secretary of State, the Minister for the Civil Service, the Treasury, the Lord Chancellor or the Welsh Ministers to make regulations or an order is exercisable by statutory instrument.
In this Act, the “affirmative procedure” means—
in the case of regulations or an order of the Secretary of State, the Minister for the Civil Service or the Lord Chancellor, that the regulations or order may not be made unless a draft of the instrument containing them or it has been laid before, and approved by resolution of, each House of Parliament;
in the case of regulations of the Welsh Ministers, that the regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by resolution of, the National Assembly for Wales.
In this Act, the “negative procedure” means—
in the case of regulations or an order of the Secretary of State, the Minister for the Civil Service, the Lord Chancellor or the Treasury, that the instrument containing them or it is subject to annulment in pursuance of a resolution of either House of Parliament;
in the case of regulations or an order of the Welsh Ministers, that the instrument containing them or it is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
In this Act, the “affirmative Commons procedure”, in relation to a Treasury order, means that the order may not be made unless a draft of the instrument containing it has been laid before, and approved by resolution of, the House of Commons.
In this Act, the “negative Commons procedure”, in relation to Treasury regulations or a Treasury order, means that the instrument containing them or it is subject to annulment in pursuance of a resolution of the House of Commons.
For regulations and orders of the Scottish Ministers, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
Treasury directions under this Act may be varied or revoked.
Scheme regulations may provide for any pension or other sum payable under the regulations to or in respect of a person who has held an office specified in Part 1 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 to be charged on, and paid out of, the Consolidated Fund.
There shall be paid out of money provided by Parliament—
any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and
any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.
An amendment or repeal in this Act has the same extent as the provision amended or repealed.
That aside, this Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions of this Act come into force on the day on which this Act is passed—
section 29 and Schedule 9 (existing schemes for civil servants: extension of access);
section 33 and Schedule 11 (great offices of state);
sections 37 to 40, this section and section 42.
The other provisions of this Act come into force on such day or days as may be appointed by Treasury order.
An order under subsection (2) may—
appoint different days for different purposes;
make transitional, transitory or saving provision.
This Act may be cited as the Public Service Pensions Act 2013.