Clause 98 - Interpretation of Part

Public Service Pensions and Judicial Offices Bill [Lords] – in a Public Bill Committee am 1:15 pm ar 27 Ionawr 2022.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: 33, in clause 98, page 77, line 15, at end insert—

“‘connected’ means—

(a) connected within the meaning of PSPA 2013 (see section 4(6) and (7) of that Act), or

(b) connected within the meaning of PSPA(NI) 2014 (see section 4(6) and (7) of that Act);”

This amendment defines “connected” for the purposes of the whole of Part 1 of the Bill.

Amendment 34, in clause 98, page 77, line 48, at end insert—

“‘excess teacher service’ has the meaning given by subsection (2)”

This amendment refers to the definition of “excess teacher service” inserted into subsection (2) of this clause by separate government amendment.

Amendment 35, in clause 98, page 77, line 49, at end insert—

“‘Fair Deal scheme’ means—

(a) a pension scheme that, in accordance with the Fair Deal Statement of Practice, has been certified by the Government Actuary’s Department as offering, to persons who have been subject to a Fair Deal transfer, pension arrangements that are broadly comparable with those offered to them before the transfer, or

(b) a pension scheme in relation to which the obligation to give such a certificate has been waived in accordance with that statement of practice;

‘Fair Deal Statement of Practice’ means the statement of practice entitled “Staff Transfers in the Public Sector” issued by the Cabinet Office in January 2000, as supplemented and modified from time to time;

‘Fair Deal transfer’ means a transfer of a person’s employment from a public sector employer to a private sector employer in accordance with the Fair Deal Statement of Practice;”

This amendment moves some definitions from clause 38 to this clause so that they apply for the purposes of the whole Part.

Amendment 36, in clause 98, page 78, line 7, at end insert—

“‘local government contracting-out transfer‘ means a transfer of a person’s employment that was required to be conducted—

(a) in accordance with directions given, and having regard to guidance issued, for the purposes of section 101(1) of the Local Government Act 2003 (contracting out: staff transfer matters), or

(b) having regard to guidance issued for the purposes of section 52 of the Local Government in Scotland Act 2003 (asp 1) (guidance on contractual matters);”

This amendment defines “local government contracting-out transfer”. This is an expression used in government amendments of clause 1 and NC3.

Amendment 37, in clause 98, page 79, line 14, at end insert—

“‘teacher’ means teacher within the meaning of PSPA 2013 (see paragraph 4 of Schedule 1 to that Act) or PSPA(NI) 2014 (see paragraph 4 of Schedule 1 to that Act);”

This amendment defines “teacher” for the purposes of Part 1. This is required for other government amendments.

Amendment 38, in clause 98, page 79, line 21, at end insert—

“(2) In this Part ‘excess teacher service’ means a person’s service in an employment or office as a teacher where (disregarding section 2(1))—

(a) the service is pensionable service under a local government new scheme, or

(b) the service—

(i) is pensionable service under a Chapter 1 new scheme for teachers, and

(ii) would have been pensionable service under a local government new scheme but for the person’s failure to meet a condition relating to the person’s attainment of normal pension age, or another specified age, by a specified date.

Service in an employment or office is ‘excess teacher service’ if all of the service falls within paragraphs (a) and (b) (even if it does not all fall within only one of those paragraphs).

(3) In subsection (2)—

‘Chapter 1 new scheme’ has the same meaning as in Chapter 1;

‘local government new scheme’ has the same meaning as in Chapter 3.”—(Mr Clarke.)

This amendment defines “excess teacher service”. This is service as a teacher which is in excess of the maximum that could be accrued under the teachers’ Chapter 1 legacy scheme, but where the service is (or, in certain circumstances would have been) pensionable under a local government new scheme.

Clause 98, as amended, ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.—(Alan Mak.)

Adjourned till this day at Two o’clock.