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Public Service Pensions and Judicial Offices Bill [Lords] - Sitting 2
27 January 2022
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses clauses related to pension schemes, specifically addressing amendments to reflect Bradford & Bingley's conversion from a public limited company to a private limited company. The statement discusses amendments to raise the judicial mandatory retirement age and provisions for additional allowances and sitting in retirement offices. Graham Brady discusses various clauses and amendments related to public service pensions and judicial offices bill. The statement discusses amendments to Section 12 of the Public Service Pensions Act 2013 (PSPA) and corresponding changes in Northern Ireland. The statement discusses new clauses related to public service pensions and judicial offices, addressing specific technical changes and refinements to pension scheme valuations and definitions. The statement discusses amendments to the Public Service Pensions and Judicial Offices Bill related to local government pension schemes, including provisions for final salary benefits and transitional arrangements. The statement discusses new clauses for a local government pension scheme that address special cases involving excess teacher service and compensation benefits. The statement introduces new clauses in the Public Service Pensions and Judicial Offices Bill that address various aspects including Treasury directions, interpretation of chapter terms, pension schemes for Senedd members, and compensation for losses incurred by closure of legacy schemes. The statement addresses concerns about the pension trap affecting police and fire service members under the Public Service Pensions and Judicial Offices Bill. The statement discusses concerns about the Public Service Pensions and Judicial Offices Bill [Lords] and the potential discrimination it may perpetuate against certain public service pension scheme members. The statement discusses the progress and voting results of the Public Service Pensions and Judicial Offices Bill in committee.
Action Requested
Graham Brady is moving forward with several government amendments that will update references in the Bill to reflect Bradford & Bingley Limited instead of Bradford & Bingley Plc. These changes are necessary due to the company’s re-registration as a private limited company following its nationalisation and subsequent divestment by the Government.
Key Facts
- The conversion of Bradford & Bingley from a public limited company to a private limited company occurred in October 2021.
- Amendments will allow for the transfer of pension liabilities residing under Bradford & Bingley to the Treasury.
- The amendments are part of clauses 104, 105, and 106 of the Bill.
- Amendment 48 corrects a cross-referencing error in schedule 1.
- The retirement age for judges will be raised to 75 years old.
- The Lord Chancellor has powers to reinstate retired magistrates below the new mandatory retirement age if there is business need.
- Around 2,000 extra magistrates and 400 extra judges are expected annually with the new measures.
- Schedule 3 lists existing judicial offices for which sitting in retirement offices will be created.
- Clause 116 introduces technical changes to existing legislation.
- Amendment 43 clarifies that clause 117 does not apply to regulations under chapter 3 concerning local government schemes.
- Chapter 3 of Part 1 (local government) is set to come into force on 1 October 2023 unless regulations appoint an earlier date.
- Amendments are being made to Section 12 of PSPA 2013 and corresponding provisions in Northern Ireland.
- A one-year compliance period is required after the scheme’s first valuation under section 11 is completed.
- Economic checks and reforms for scheme-only design starting from 2020 valuations are included.
- New Clause 2 modifies provisions in PSPA 2013 and PSPA(NI) 2014 regarding employer cost caps for the 2016/17 valuation.
- New Clause 3 defines 'remediable service' with specific conditions related to pensionable service under legacy schemes and disqualifying gaps.
- New Clause 4 introduces a power to pay final salary benefits in local government new schemes.
- The amendments replace clause 78 with new clauses enabling local government schemes to pay final salary benefits in multiple employments.
- New Clause 5 clarifies that scheme regulations may require members to transfer service into the scheme for final salary benefits.
- New Clause 6 introduces transitional provisions for existing pension scheme regulations before the Power to Pay Final Salary Benefits provision comes into force.
- New Clause 7 enables local government schemes to adjust pension credits and debits arising from divorce or civil partnership termination.
- New Clause 8 enables local government schemes to pay compensation for compensatable losses.
- New Clause 9 allows indirect compensation for Part 4 tax losses.
- New Clause 10 confers power on local government schemes to make provisions about interest calculation and payment process.
- New Clause 11 requires certain powers relating to local government schemes to be exercised in accordance with Treasury directions.
- New Clause 12 inserts a clause about the interpretation of new provisions in Chapter 3.
- New Clause 13 removes Senedd pension schemes from cost control and disapplying the Treasury veto over establishing or varying such schemes.
- New Clause 14 requires the Chancellor to review and report on compensation for losses incurred by closure of legacy schemes within two months.
- Police and fire service pensions operate differently from other public sector schemes based on a 30-year service record.
- Members may lose benefits due to a higher retirement age brought in under the new pension schemes between 2015 and 2022.
- Lord Davies of Brixton proposed amendments regarding the issue during the Bill’s passage through the House of Lords.
- The Home Office has consulted on detailed regulations for the police pension scheme.
- The Independent Public Service Pensions Commission stated that allowing current members to continue accruing benefits in present schemes would be unfair and inequitable to new members.
- Based on ONS data, 6.3 million public sector workers participate in valuable schemes compared to only 0.7 million private sector workers.
- Simon Clarke thanked all involved for their work on the Bill.
- The Committee voted with Ayes 6, Noes 10.
- Tulip Siddiq expressed broad support for the Bill despite losing votes.
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