# Public Service Pensions Act 2013

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# Public Service Pensions Act 2013

# 2013 CHAPTER 25

An Act to make provision for public service pension schemes; and for connected purposes.

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## Establishment of new schemes

### 1Schemes for persons in public service

(1)Regulations may establish schemes for the payment of pensions and other benefits to or in respect of persons specified in                        subsection (2).                  

(2)Those persons are—                  

(a)civil servants;                  

(b)the judiciary;                  

(c)local government workers for England, Wales and Scotland;                  

(d)teachers for England, Wales and Scotland;                  

(e)health service workers for England, Wales and Scotland;                  

(f)fire and rescue workers for England, Wales and Scotland;                  

(g)members of police forces for England, Wales and Scotland;                  

(h)the armed forces.                  

(3)These terms are defined in Schedule 1.                  

(4)In this Act, regulations under this section are called “scheme regulations”.                  

### 2Responsible authority for schemes

(1)The persons who may make scheme regulations are set out in Schedule 2.                  

(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.                  

### 3Scheme regulations

(1)Scheme regulations may, subject to this Act, make such provision in relation to a scheme under section 1 as the responsible                        authority considers appropriate.                  

(2)That includes in particular—                  

(a)provision as to any of the matters specified in Schedule 3;                  

(b)consequential, supplementary, incidental or transitional provision in relation to the scheme or any provision of this Act.                  

(3)Scheme regulations may—                  

(a)make different provision for different purposes or cases (including different provision for different descriptions of persons);                  

(b)make retrospective provision (but see section 23);                  

(c)allow any person to exercise a discretion.                  

(4)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).                  

(5)Scheme regulations require the consent of the Treasury before being made, unless one of the following exceptions applies.                  

(6)The exceptions are—                  

(a)scheme regulations of the Scottish Ministers relating to local government workers, fire and rescue workers and members of                        a police force;                  

(b)scheme regulations of the Welsh Ministers relating to fire and rescue workers.                  

## Governance

### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Design

### 8Types of scheme

### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Cost control

### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 13Employer contributions in funded schemes

## Administration

### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 15Information about schemes

### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Transitional

### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 19Closure of existing injury and compensation schemes

### 20Final salary link

## Procedure for scheme regulations

### 21Consultation

### 22Procedure for protected elements

### 23Procedure for retrospective provision

### 24Other procedure

## New schemes: supplementary

### 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 26Non-scheme benefits

### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Existing schemes: supplementary

### 28Existing local government schemes

(1)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.                  

(2)To the extent that—                  

(a)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                  

(b)that provision could be made under scheme regulations,                  

the regulations are to have effect as if they were scheme regulations relating to local government workers in England and                     Wales.                  

(3)Accordingly, to that extent a scheme under such regulations is to have effect as a scheme under section 1.                  

### 29Existing schemes for civil servants: extension of access

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).                  

## Public body pension schemes

### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 31Restriction of certain existing public body pension schemes

### 32Existing public body pension schemes: pension age

## Parliamentary and other pension schemes

### 33Great offices of state

Schedule 11 makes provision about pension arrangements for the offices of—

(a)Prime Minister and First Lord of the Treasury,                  

(b)Lord Chancellor, and                  

(c)Speaker of the House of Commons.                  

### 34Parliamentary and other pension schemes: pension age

In Schedule 6 to the Constitutional Reform and Governance Act 2010 (Parliamentary and other pensions), after paragraph 29                     there is inserted—                  
*“Pension age*
29A(1)Where the scheme provides for the normal or deferred pension age of a person under the scheme to be the same as the person's                           state pension age, provision for a change in the person's normal or deferred pension age in consequence of such provision                           to apply in relation to relevant accrued benefits (as well as other benefits).                  

(2)Accordingly, paragraph 19(2) (protection of accrued rights) is to be disregarded in relation to any such provision.                  

(3)In this paragraph—                  

(a)“normal pension age”, in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive                           benefits (without actuarial adjustment) on leaving that service (and disregarding any special provision as to early payment                           of benefits on the grounds of ill-health or otherwise);                  

(b)“deferred pension age”, in relation to a person and a scheme, means the earliest age at which a person with relevant service is entitled to receive                           benefits under the scheme (without actuarial adjustment) after leaving that service 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);                  

(c)“state pension age”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the                           Pensions Act 1995;                  

(d)“relevant accrued benefits”, in relation to a scheme, means benefits accrued after the coming into force of provision under sub-paragraph (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.”                  

### 35Members of the European Parliament

In section 4 of the European Parliament (Pay and Pensions) Act 1979 (pensions of MEPs), after subsection (3A) there is inserted—

“(3B)Where a scheme under this section provides for the normal or deferred pension age of a person under the scheme to be the same                           as the person's state pension age, the scheme may make provision for a change in the person's normal or deferred pension age                           in consequence of such provision to apply in relation to relevant accrued benefits (as well as other benefits).                  

(3C)In subsection (3B)—                  

(a)“normal pension age”, in relation to a person and a scheme, means the earliest age at which a person with service as a Representative is entitled                           to receive benefits (without actuarial adjustment) on ceasing service as a Representative (and disregarding any special provision                           as to early payment of benefits on the grounds of ill-health or otherwise);                  

(b)“deferred pension age”, in relation to a person and a scheme, means the earliest age at which a person with service as a Representative is entitled                           to receive benefits under the scheme (without actuarial adjustment) after ceasing service as a Representative 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);                  

(c)“state pension age”, in relation to a person, means the person's pensionable age as specified from time to time in Part 1 of Schedule 4 to the                           Pensions Act 1995;                  

(d)“relevant accrued benefits”, in relation to a scheme, means benefits accrued after the coming into force of provision under subsection (3B) 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.                  

(3D)A scheme under this section may provide for any statutory provision relating to any matter connected with the pensions payable                           to or in respect of Members to have effect with respect to or in connection with Representatives, with such additions, omissions,                           amendments or other modifications as may be specified in the scheme.                  

In this subsection “statutory provision” means any provision contained in an Act or in any instrument made under an Act (including an Act or instrument passed or                        made after the coming into force of this subsection).”                  

Prospective

## Review

### 36Defence Fire and Rescue Service and Ministry of Defence Police: review

(1)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—                     

(a)the Defence Fire and Rescue Service, and                     

(b)the Ministry of Defence Police.                     

(2)The report under this section must include a report on—                     

(a)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,                     

(b)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                     

(c)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).                     

(3)In this section “Defence Fire and Rescue Service” means the fire service maintained by the Secretary of State for Defence.                     

## General

### 37General interpretation

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—                          (a)
would be within the legislative competence of the Northern Ireland Assembly were that provision contained in an Act of the                                    Assembly, or                                 
(b)
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—                          (a)
any employer of persons to whom the scheme relates,
(b)
the person responsible for the remuneration of an office-holder to whom the scheme relates, or
(c)
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)
a local authority in England and Wales within the meaning of Part 1 of the Local Government and Housing Act 1989, or
(b)
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;                         
          -  “public authority” means—                          (a)
a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975),
(b)
a statutory body or the holder of a statutory office, or
(c)
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)
a pension scheme which is established by or under any legislation, and
(b)
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.                         

### 38Regulations, orders and directions

(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.                  

(2)In this Act, the “affirmative procedure” means—                  

(a)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;                  

(b)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.                  

(3)In this Act, the “negative procedure” means—                  

(a)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;                  

(b)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.                  

(4)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.                  

(5)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.                  

(6)For regulations and orders of the Scottish Ministers, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act                        2010 (asp 10).                  

(7)Treasury directions under this Act may be varied or revoked.                  

## Final

### 39Financial provision

(1)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.                  

(2)There shall be paid out of money provided by Parliament—                  

(a)any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and                  

(b)any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.                  

### 40Extent

(1)An amendment or repeal in this Act has the same extent as the provision amended or repealed.                  

(2)That aside, this Act extends to England and Wales, Scotland and Northern Ireland.                  

### 41Commencement

(1)The following provisions of this Act come into force on the day on which this Act is passed—                  

(a)section 29 and Schedule 9 (existing schemes for civil servants: extension of access);                  

(b)section 33 and Schedule 11 (great offices of state);                  

(c)sections 37 to 40, this section and section 42.                  

(2)The other provisions of this Act come into force on such day or days as may be appointed by Treasury order.                  

(3)An order under subsection (2) may—                  

(a)appoint different days for different purposes;                  

(b)make transitional, transitory or saving provision.                  

### 42Short title

This Act may be cited as the Public Service Pensions Act 2013.

# SCHEDULES

 Section 1(3)

## SCHEDULE 1Persons in public service: definitions

### Civil servants

1In this Act, “civil servants” means persons employed in the civil service of the State (not including the civil service of Northern Ireland).

### Judiciary

2(1)In this Act, “the judiciary” means holders of an office specified in an order made by—                  

(a)the Secretary of State, in relation to an office with a jurisdiction exercised exclusively in relation to Scotland, or                  

(b)the Lord Chancellor, in any other case.                  

(2)An order under sub-paragraph (1) may only specify an office in or as regards Scotland or Northern Ireland if the office is                        not a devolved office.                  

(3)An order under this paragraph is subject to the negative procedure.                  

### Local government workers

3(1)In this Act, “local government workers” means persons employed in local government service and specified in scheme regulations.                  

(2)In this paragraph, “local government service” means service specified in scheme regulations.                  

### Teachers

4In this Act, “teachers” includes persons who are employed otherwise than as teachers—

(a)in a capacity connected with education which to a substantial extent involves the control or supervision of teachers, or                  

(b)in employment which involves the performance of duties in connection with the provision of education or services ancillary                        to education, and                  

who are specified in scheme regulations.

### Health service workers

5(1)In this Act, “health service workers” means persons engaged in health services and specified in scheme regulations.                  

(2)In this paragraph, “health services” means services specified in scheme regulations.                  

### Fire and rescue workers

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Police forces

7In this Act “members of a police force”—

(a)in relation to England and Wales, includes special constables and police cadets;                  

(b)in relation to Scotland, means members of the Police Service of Scotland and police cadets.                  

### Armed forces

8In this Act, “the armed forces” means the naval, military and air forces of the Crown.

### Transitional provision

9In 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)).

10In 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.

 Section 2(1)

## SCHEDULE 2Responsible authorities

### Civil servants and judiciary

1Scheme regulations for civil servants may be made by the Minister for the Civil Service.

2(1)Scheme regulations for the judiciary may be made by the Lord Chancellor.                  

(2)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.                  

### Local government workers

3Scheme regulations for local government workers may be made by—

(a)the Secretary of State, in or as regards England and Wales;                  

(b)the Scottish Ministers, in or as regards Scotland.                  

### Teachers

4Scheme regulations for teachers may be made by—

(a)the Secretary of State, in or as regards England and Wales;                  

(b)the Scottish Ministers, in or as regards Scotland.                  

### Health service workers

5Scheme regulations for health service workers may be made by—

(a)the Secretary of State, in or as regards England and Wales;                  

(b)the Scottish Ministers, in or as regards Scotland.                  

### Fire and rescue workers

6Scheme regulations for fire and rescue workers may be made by—

(a)the Secretary of State, in or as regards England;                  

(b)the Welsh Ministers, in or as regards Wales;                  

(c)the Scottish Ministers, in or as regards Scotland.                  

### Police forces

7Scheme regulations for members of a police force may be made by—

(a)the Secretary of State, in or as regards England and Wales;                  

(b)the Scottish Ministers, in or as regards Scotland.                  

### Armed forces

8Scheme regulations for the armed forces may be made by the Secretary of State.

 Section 3(2)(a)

## SCHEDULE 3Scope of scheme regulations: supplementary matters

1Eligibility and admission to membership.

This includes—

(a)specifying who, of the persons in relation to whom the scheme regulations may be made, is eligible for membership;                  

(b)conditions of eligibility.                  

2The benefits which must or may be paid under the scheme.

Those benefits may include—

(a)pensions and other benefits on leaving service to which the scheme relates (whether before, at or after normal pension age);                  

(b)benefits payable on death (in service or otherwise);                  

(c)compensation payments (including for death, injury or redundancy);                  

(d)discretionary payments and concessions.                  

3The persons to whom benefits under the scheme are payable.

Those persons may include—

(a)active, deferred and pensioner members of the scheme;                  

(b)pension credit members of the scheme;                  

(c)widows, widowers, surviving civil partners and surviving dependants.                  

4The conditions subject to which benefits are payable.

5The assignment of benefits, including restrictions on assignment.

6The forfeiture or suspension of benefits.

7The recovery of overpaid benefits.

8The exclusion of double recovery of compensation or damages.

This includes—

(a)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;                  

(b)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.                  

9Contributions, including—

(a)the making of contributions by employers and members;                  

(b)contribution rates;                  

(c)interest on late payment of contributions;                  

(d)the return of contributions (with or without interest).                  

10The 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).

11Pension funds (for schemes which have them).

This includes the administration, management and winding-up of any pension funds.

12The administration and management of the scheme, including—

(a)the giving of guidance or directions by the responsible authority to the scheme manager (where those persons are different);                  

(b)the person by whom benefits under the scheme are to be provided;                  

(c)the provision or publication of information about the scheme.                  

13The delegation of functions under scheme regulations, including—

(a)delegation of functions by the scheme manager or responsible authority;                  

(b)further delegation of functions by any delegatee.                  

14The payment by an employer of—

(a)any costs relating to the administration of the scheme;                  

(b)any costs incurred because of a failure by the employer to comply with the employer's obligations under the scheme;                  

(c)interest relating to payments to be made by virtue of this paragraph.                  

15The 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)

## SCHEDULE 4Regulatory oversight

1The Pensions Act 2004 is amended as follows.

2In section 11 (annual reports), in subsection (3), at the end there is inserted—

“(d)the exercise of the Regulator's functions in relation to public service pension schemes.”                  

3(1)Section 13 (improvement notices) is amended as follows.                  

(2)In subsection (3)(a), after “90” there is inserted “ or 90A ”.                  

(3)In subsection (7)—                  

(a)in paragraph (c), the final “or” is repealed;                  

(b)at the end there is inserted “or                   

(e)section 5(4) (pension board: conflicts of interest and representation), 6 (pension board: information), 14 (information about                           benefits) or 16 (records) of the Public Service Pensions Act 2013.”                  

4After section 14 there is inserted—

### “14AAppointment of skilled person to assist public service pension scheme

5(1)In section 17 (power of the Regulator to recover unpaid contributions), subsection (3) is amended as follows.                  

(2)In the definition of “due date”—                  

(a)in paragraph (b), the final “and” is repealed;                  

(b)after paragraph (c) there is inserted “and                   

(d)in relation to employer contributions payable under a public service pension scheme, the date on which the contributions are                           due under the scheme;”.                  

(3)In the definition of “employer contribution”—                  

(a)in paragraph (a)—                  

(i)after “occupational pension scheme” there is inserted “ other than a public service pension scheme ”;                  

(ii)the final “and” is repealed;                  

(b)after paragraph (b) there is inserted “and                   

(c)in relation to a public service pension scheme, means any contributions payable under the scheme by the employer.”                  

6In section 70 (duty to report breaches of the law), in subsection (1)—

(a)after paragraph (a) there is inserted—                  

“(aa)a member of the pension board of a public service pension scheme;”;                  

(b)in paragraph (b), for “such a scheme” there is substituted “ an occupational or personal pension scheme ”.                  

7After section 70 there is inserted—

### “Reporting late payment of employer contributions

#### 70ADuty to report late payment of employer contributions

8(1)Section 71 (reports by skilled persons) is amended as follows.                  

(2)In subsection (1)—                  

(a)in paragraph (b), the final “or” is repealed;                  

(b)after paragraph (b) there is inserted—                  

“(ba)in the case of a work-based scheme which is a public service pension scheme, a member of the pension board of the scheme,                           or”;                  

(c)in paragraph (c), for “such a scheme” there is substituted “ a work-based pension scheme ”.                  

9In section 72 (provision of information), in subsection (2), after paragraph (a) there is inserted—

“(aa)a member of the pension board of a public service pension scheme,”.                  

10In section 73 (inspection of premises), in subsection (2)—

(a)after paragraph (d) there is inserted—                  

“(da)section 16 of the Public Service Pensions Act 2013;”;                  

(b)in paragraph (e), for “(d)” there is substituted “ (da) ”.                  

11In section 89 (reports), at the end there is inserted—

“(4)Before making a report under this section which relates to a public service pension scheme, the Regulator must notify the                           scheme manager.”                  

12After section 89 there is inserted—

### “89AReports about misappropriation etc in public service pension schemes

13(1)Section 90 (codes of practice) is amended as follows.                  

(2)In subsection (4), after “code of practice” (where first occurring) there is inserted “ issued under this section ”.                  

(3)In subsection (7), at the end there is inserted “under this section”.                  

(4)At the end of the section there is inserted—                  

“(8)The Regulator may not issue codes of practice under this section in relation to a public service pension scheme (but see section                           90A).”                  

14After section 90 there is inserted—

### “90ACodes of practice: public service pension schemes

15(1)Section 91 (procedure for codes) is amended as follows.                  

(2)In subsection (1), after “code of practice” there is inserted “ under section 90 or 90A ”.                  

(3)In subsections (4)(a) and (10), after “90” there is inserted “ or 90A ”.                  

16In section 92 (revocation of codes), in subsection (1), after “code of practice” there is inserted “ under section 90 or 90A ”.

17In section 93 (procedure for regulatory functions), in subsection (2), after paragraph (b) there is inserted—

“(ba)the power to appoint a skilled person in relation to a public service pension scheme under section 14A,”.                  

18In 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) ”.

19After section 248 there is inserted—

### “248ARequirement for knowledge and understanding: pension boards of public service pension schemes

20In section 249A (requirement for internal controls), in subsection (3)—

(a)before paragraph (a) there is inserted—                  

“(za)a public service pension scheme;”;                  

(b)in paragraph (a) for “a scheme” there is substituted “ any other scheme ”.                  

21After section 249A there is inserted—

### “249BRequirement for internal controls: public service pension schemes

22(1)Section 318 (interpretation) is amended as follows.                  

(2)In subsection (1), after the definition of “occupational pension scheme” there is inserted—                  

““pension board” has the same meaning as in the Public Service Pensions Act 2013 (see section 5 of that Act);”.                  

(3)After the definition of “professional adviser” in that subsection there is inserted—                  

““public service pension scheme” means, subject to subsection (6)—                  

(a)a scheme under section 1 of the Public Service Pensions Act 2013 (new public service schemes);                  

(b)a new public body pension scheme (within the meaning of that Act);                  

(c)any statutory pension scheme which is connected with a scheme referred to in paragraph (a) or (b) (and for this purpose “statutory                           pension scheme” and “connected” have the meanings given in that Act);”.                  

(4)After the definition of “the Regulator” in that subsection there is inserted—                  

““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);”.                  

(5)After subsection (5) there is inserted—                  

“(6)A scheme which would otherwise fall within the definition of “public service pension scheme” in subsection (1) does not fall                           within that definition if—                  

(a)it is an injury or compensation scheme (within the meaning of the Public Service Pensions Act 2013), or                  

(b)it is specified in an order made by the Secretary of State after consulting the Treasury.”                  

 Section 18

## SCHEDULE 5Existing pension schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 19

## SCHEDULE 6Existing injury and compensation schemes

### Civil servants

1A scheme under section 1 of the Superannuation Act 1972.

*Specified benefits*: injury benefits and compensation benefits                  

### Judiciary

2A scheme under paragraph 7A of Schedule 10 to the Rent Act 1977.

*Specified benefits*: injury benefits and compensation benefits                  

3A scheme constituted by or made under Part 3 of Schedule 1 to the Judicial Pensions Act 1981.

4A scheme constituted by section 11(b) of the Judicial Pensions Act 1981.

### Local government workers

5Regulations under section 7 of the Superannuation Act 1972.

*Specified benefits*: injury benefits                  

### Teachers

6Regulations under section 9 of the Superannuation Act 1972.

*Specified benefits*: injury benefits                  

### Health service workers

7Regulations under section 10 of the Superannuation Act 1972.

*Specified benefits*: injury benefits                  

### Fire and rescue workers

8A scheme under section 34 of the Fire and Rescue Services Act 2004.

*Specified benefits*: injury benefits and compensation benefits                  

### Members of police forces

9Regulations under section 1 of the Police Pensions Act 1976.

*Specified benefits*: injury benefits                  

10A scheme under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

*Specified benefits*: injury benefits and compensation benefits                  

### Armed forces

11The scheme constituted by the Royal Warrant of 19 December 1949 (see Army Order 151 of 1949).

*Specified benefits*: injury benefits                  

12An Order in Council under section 3 of the Naval and Marine Pay and Pensions Act 1865.

*Specified benefits*: injury benefits                  

13An order under section 2 of the Pensions and Yeomanry Pay Act 1884.

*Specified benefits*: injury benefits                  

14An order under section 2 of the Air Force (Constitution) Act 1917.

*Specified benefits*: injury benefits                  

15An 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                  

16(1)A scheme under section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004.                  

*Specified benefits*: injury benefits and compensation benefits                  

(2)For the purposes of sub-paragraph (1), “compensation benefits” includes benefits by way of payments for resettlement or retraining.                  

17A scheme under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004.

### Compensation schemes for loss of office etc

18Regulations under section 24 of the Superannuation Act 1972.

 Sections 20 and 31

## SCHEDULE 7Final salary link

### Persons who remain in an old scheme for past service

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Persons whose benefits under an old scheme are transferred to another closed scheme

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Continuity of employment

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Movement between new schemes

4Where 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—

(a)identify the last period of pensionable service by virtue of which that paragraph applies and the scheme to which that service                        relates, and                  

(b)disregard, for the purposes of that sub-paragraph, periods of pensionable service relating to other schemes.                  

### Final salary link not to apply again to a pension in payment

5(1)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).                  

(2)Provision made under sub-paragraph (1) may in particular be made by amending the scheme under which the pension is in payment.                  

 Section 27

## SCHEDULE 8Consequential and minor amendments

### County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

1In section 116 of the County Courts Act (Northern Ireland) 1959 (pensions of judges), at the end there is inserted—

“(8)This Part is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing                           schemes).”                  

### District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

2In section 2 of the District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960, after subsection (1A) there                        is inserted—

“(1B)This Act is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing                           schemes).”                  

### Sheriffs' Pensions (Scotland) Act 1961 (c. 2) 

3In section 1 of the Sheriffs' Pensions (Scotland) Act 1961, after subsection (1) there is inserted—

“(1A)This Act is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing                           schemes).”                  

### Pensions (Increase) Act 1971 (c. 56)

4After section 8 of the Pensions (Increase) Act 1971 there is inserted—

#### “8ASection 8(2): references to “service”

5(1)Schedule 2 to the Pensions (Increase) Act 1971 (official pensions) is amended as follows.                  

(2)After paragraph 4 there is inserted—                  

“4ZAA pension payable under a scheme made by the Minister for the Civil Service under section 1 of the Public Service Pensions                           Act 2013 by virtue of section 1(2)(a) of that Act (civil servants).”

(3)After paragraph 4A there is inserted—                  

“4BA pension payable under a scheme made by the Lord Chancellor under section 1 of the Public Service Pensions Act 2013 by virtue                           of section 1(2)(b) of that Act (judiciary).”

(4)After paragraph 15A there is inserted—                  

“15BA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service                           Pensions Act 2013 by virtue of section 1(2)(g) of that Act (members of police forces) to or in respect of such a person as                           is referred to in paragraph 15 above.”

(5)After paragraph 16A there is inserted—                  

“16BA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service                           Pensions Act 2013 by virtue of section 1(2)(f) of that Act (fire and rescue workers).”

(6)After paragraph 20A there is inserted—                  

“20BA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service                           Pensions Act 2013 by virtue of section 1(2)(d) of that Act (teachers).

20CA pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by                           virtue of section 1(2)(d) of that Act (teachers).”

(7)After paragraph 22 there is inserted—                  

“22AA pension payable by the Secretary of State under a scheme made by the Secretary of State under section 1 of the Public Service                           Pensions Act 2013 by virtue of section 1(2)(e) of that Act (health service workers).

22BA pension payable under a scheme made by the Scottish Ministers under section 1 of the Public Service Pensions Act 2013 by                           virtue of section 1(2)(e) of that Act (health service workers).”

(8)After paragraph 29 there is inserted—                  

#### “Armed forces

29AA pension payable under a scheme made under section 1 of the Public Service Pensions Act 2013 by virtue of section 1(2)(h)                           of that Act (armed forces).”

(9)After paragraph 39 there is inserted—                  

“39AA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the                           Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(c) of that Act (local government                           workers).”

(10)After paragraph 43 there is inserted—                  

“43AA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the                           Secretary of State or the Scottish Ministers under section 1 of that Act by virtue of section 1(2)(g) of that Act (police).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph                        15B above.”                  

(11)After paragraph 44 there is inserted—                  

“44AA pension payable under a defined benefits scheme, within the meaning of the Public Service Pensions Act 2013, made by the                           Secretary of State, the Scottish Ministers or the Welsh Ministers under section 1 of that Act by virtue of section 1(2)(f)                           of that Act (fire and rescue workers).

In the case of a scheme made by the Secretary of State, this paragraph does not include a pension referred to in paragraph                        16B above.”                  

### Superannuation Act 1972 (c. 11)

6The Superannuation Act 1972 is amended as follows.

7In section 1 (superannuation schemes as respects civil servants, etc), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

8In section 7 (superannuation of persons employed in local government service, etc), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

9In section 9 (superannuation of teachers), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

10In section 10 (superannuation of persons engaged in health services, etc), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

11In section 24 (compensation for loss of office, etc), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to section 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing                           schemes).”                  

### Police Pensions Act 1976 (c. 35)

12In section 1 of the Police Pensions Act 1976 (police pensions regulations), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

### House of Commons (Administration) Act 1978 (c. 36)

13In 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, ”.

### Judicial Pensions Act 1981 (c. 20)

14In the Judicial Pensions Act 1981, before section 29A there is inserted—

#### “29ZARestriction of schemes under this Act

### Local Government and Housing Act 1989 (c. 42)

15In 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—

“(fb)a committee of a relevant authority which is the scheme manager (or scheme manager and pension board) of a scheme under section                           1 of the Public Service Pensions Act 2013;”.                  

### Judicial Pensions and Retirement Act 1993 (c. 8)

16In section 1 of the Judicial Pensions and Retirement Act 1993, after subsection (1) there is inserted—

“(1A)This Part is subject to section 18 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing                           schemes).”                  

17In section 11 of that Act (provision against pensions under two or more judicial pension schemes), at the end there is inserted—

“(5)This section does not prevent a scheme under section 1 of the Public Service Pensions Act 2013 having effect in relation to                           a person.”                  

### Pension Schemes Act 1993 (c. 48)

18The Pension Schemes Act 1993 is amended as follows.

19(1)Section 71 (short service benefit) is amended as follows.                  

(2)In subsection (3), for “subsection (4)” there is substituted “ subsections (4) and (5A) ”.                  

(3)After subsection (5) there is inserted—                  

“(5A)Subsection (3) does not apply in relation to a scheme under section 1 of the Public Service Pensions Act 2013.”                  

20In section 83 (scope of Chapter 2: revaluation of accrued benefits), after subsection (1A) there is inserted—

“(1B)The reference in subsection (1)(a)(iii) to normal pension age is to be read, in relation to a person who is an active or deferred                           member of a scheme under section 1 or 31(7) of the Public Service Pensions Act 2013, as—                  

(a)the member's normal pension age within the meaning of that Act, or                  

(b)the member's deferred pension age within the meaning of that Act, if that is later.                  

In this subsection “active member” and “deferred member”, in relation to such a scheme, have the meanings given by section 124(1) of the Pensions Act 1995.”                  

### Merchant Shipping Act 1995 (c. 21)

21(1)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.                  

(2)The existing provision is numbered as subsection (1).                  

(3)After that subsection there is inserted—                  

“(2)Where pensions, allowances and gratuities to or in respect of persons whose salaries are paid out of the General Lighthouse                           Fund are payable otherwise than under subsection (1), sums in respect of those benefits may with the approval of the Secretary                           of State be paid out of that Fund.”                  

### Police Act 1996 (c. 16)

22The Police Act 1996 is amended as follows.

23In section 50 (regulations for police forces), after subsection (2) there is inserted—

“(2ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions                           Act 2013 in relation to members of police forces.”                  

24(1)Section 51 (regulations for special constables) is amended as follows.                  

(2)In subsection (2)—                  

(a)at the end of paragraph (c) there is inserted “and”;                  

(b)paragraph (e) is repealed.                  

(3)After subsection (2) there is inserted—                  

“(2ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions                           Act 2013 in relation to special constables.”                  

(4)Subsection (3) is repealed.                  

25In section 52 (regulations for police cadets), after subsection (1) there is inserted—

“(1ZA)Regulations under this section may not make any provision which may be made under section 1 of the Public Service Pensions                           Act 2013 in relation to police cadets.”                  

### Human Rights Act 1998 (c. 42)

26In 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—

“(e)the Public Service Pensions Act 2013;”.                  

### Fire and Rescue Services Act 2004 (c. 21)

27In section 34 of the Fire and Rescue Services Act 2004 (pensions etc), after subsection (1) there is inserted—

“(1A)Subsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided                           under existing schemes).”                  

### Armed Forces (Pensions and Compensation) Act 2004 (c. 32)

28In 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—

“(2A)Subsections (1) and (2) are subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits                           provided under existing schemes).”                  

### Constitutional Reform Act 2005 (c. 4)

29In Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor), in Part A of paragraph 4,                        at the end there is inserted—

*“Public Service Pensions Act 2013*                  

Schedule 1, paragraph 2(1).                  

Schedule 2, paragraph 2”.                  

### Parliament (Joint Departments) Act 2007 (c. 16)

30In 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, ”.

### Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

31In Schedule 4 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (transfer of employees etc of Legal Services                        Commission), in paragraph 4 (pension schemes), after sub-paragraph (11) there is inserted—

“(11A)Where an individual—                  

(a)was a member of a relevant LSC scheme immediately before the transfer day,                  

(b)had been a member of that scheme immediately before 1 April 2012, and                  

(c)becomes, on or after the transfer day, a member of a civil service scheme by virtue of employment in the civil service of                           the State,                  

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.                  

(11B)In sub-paragraph (11A)—                  

(a)“relevant LSC scheme” means a scheme made or treated as made under paragraph 10(1) of Schedule 1 to the Access to Justice Act 1999;                  

(b)“civil service scheme” means a scheme under section 1 of the Superannuation Act 1972.”                  

 Section 29

## SCHEDULE 9Existing schemes for civil servants: extension of access

1The Superannuation Act 1972 is amended as follows.

2In section 1 (superannuation schemes as respects civil servants, etc), after subsection (4) there is inserted—

“(4A)This section also applies to persons serving in employment or in an office, not being service in employment or in an office                           of a kind mentioned in subsection (4), where the employment or office is specified in a list produced for the purposes of                           this subsection (see section 1A).”                  

3After section 1 there is inserted—

### “1AList of employments and offices for purposes of section 1(4A)

(1)The Minister may specify an employment or office in a list produced for the purposes of section 1(4A) if subsection (2), (3)                           or (4) applies in relation to the employment or office.                  

(2)This subsection applies to an employment or office if—                  

(a)at any time on or after the commencement of this section, the employment or office ceases to be of a kind mentioned in section                           1(4), and                  

(b)immediately before that time, persons serving in the employment or office are, or are eligible to be, members of a scheme                           under section 1 by virtue of section 1(4).                  

(3)This subsection applies to an employment or office if—                  

(a)at any time before the commencement of this section, the employment or office ceased to be of a kind mentioned in section                           1(4), and                  

(b)at that time, persons serving in the employment or office ceased to be members of a scheme under section 1 or to be eligible                           for membership of such a scheme.                  

(4)This subsection applies to an employment or office if—                  

(a)it is of a description prescribed by regulations, and                  

(b)the Minister determines that it is appropriate for it to be specified for the purposes of section 1(4A).                  

(5)The power to specify an employment or office in reliance on subsection (4) may be exercised so as to have retrospective effect.                  

(6)The Minister—                  

(a)may at any time amend a list produced under this section, and                  

(b)must publish the list (and any amendments to it).                  

(7)The published list must comply with such requirements, and contain such information, as may be prescribed by regulations.                  

(8)Regulations made under this section must be made by the Minister by statutory instrument; and an instrument containing such                           regulations is subject to annulment in pursuance of a resolution of either House of Parliament.”                  

 Section 31(1)

## SCHEDULE 10Public bodies whose pension schemes must be restricted

1Arts and Humanities Research Council.

2Biotechnology and Biological Sciences Research Council.

3Civil Nuclear Police Authority.

4Commissioners of Irish Lights.

5Economic and Social Research Council.

6Engineering and Physical Sciences Research Council.

7Natural Environment Research Council.

8Commissioners of Northern Lighthouses.

9Science and Technology Facilities Council.

10Secret Intelligence Service.

11Security Service.

12Technology Strategy Board.

13Trinity House Lighthouse Service.

14United Kingdom Atomic Energy Authority.

 Section 33

## SCHEDULE 11Prime Minister, Lord Chancellor and Commons Speaker

### Extension of MPs' and Ministerial pension schemes

1(1)Schedule 6 to the Constitutional Reform and Governance Act 2010 (parliamentary and other pensions) is amended as follows.                  

(2)Paragraph 12(2) to (5) (exclusion from MPs' scheme of persons with service as Lord Chancellor, Prime Minister or Commons Speaker)                        is repealed.                  

(3)In paragraph 16 (Ministers' etc pension scheme)—                  

(a)in sub-paragraph (2), after paragraph (b) there is inserted—                  

“(ba)Lord Chancellor,                  

(bb)Speaker of the House of Commons,”;                  

(b)sub-paragraph (3) (exclusion from scheme of persons with service as Lord Chancellor, Prime Minister or Commons Speaker) is                        repealed.                  

2In 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)—

(a)in paragraph (a), “, other than that of Prime Minister and First Lord of the Treasury,” is repealed;                  

(b)after paragraph (ba) there is inserted—                  

“(bb)the office of Lord Chancellor;                  

(bc)the office of Speaker of the House of Commons;”.                  

### Lord Chancellor's salary

3(1)The Ministerial and other Salaries Act 1975 is amended as follows.                  

(2)In section 1 (salaries), in subsection (2), for the words from “at such rate” to the end there is substituted “of—                   

(a)£68,827, where the Lord Chancellor is a member of the House of Commons;                  

(b)otherwise, £101,038.”                  

(3)In that section, after subsection (5) there is inserted—                  

“(6)Where a person who holds office as Lord Chancellor (and to whom a salary is accordingly payable under subsection (2)) is also                           the holder of one or more other offices in respect of which a salary is payable under this section, he shall only be entitled                           to one of those salaries.                  

(7)If, in the case of a person mentioned in subsection (6), there is a difference between the salaries payable in respect of                           the offices held by him, the office in respect of which a salary is payable to him shall be that in respect of which the highest                           salary is payable.”                  

(4)In section 1A (alteration of salaries), in subsection (1), after “section 1(1),” insert “ (2)(a) or (b), ”.                  

### Closure of existing arrangements

4The Lord Chancellor's Pension Act 1832 is repealed.

5Sections 26 to 28 of the Parliamentary and other Pensions Act 1972 (pensions of Prime Minister, Commons Speaker and Lord Chancellor                        etc) are repealed.

6In the Judicial Pensions Act 1981—

(a)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;                  

(b)section 26 (references to retirement, in relation to Lord Chancellor, to be read as resignation from office) is repealed.                  

7The provisions listed in the following table (which includes spent provisions) are repealed—

### Saving and transitional

8(1)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.                  

(2)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—                  

(a)the day on which section 33 comes into force, or                  

(b)if later, the day after that on which the term of service ceases.