Moved by
Viscount Younger of Leckie
2: Clause 1, page 2, line 3, after “that” insert “all of”
Member’s explanatory statement
This amendment clarifies that the second condition (which is concerned with whether service is pensionable) must be met in relation to all of the service in question.
3: Clause 1, page 2, line 8, after “normal pension age” insert “or another specified age”
Member’s explanatory statement
This amendment recognises that some legacy schemes offered transitional protection to people who met conditions relating to a lower age than normal pension age.
4: Clause 1, page 2, line 9, leave out subsections (5) and (6) and insert—
“(5) The third condition is that the person—
(a) was, on 31 March 2012 or any earlier day, in service in any employment or office that is pensionable service under—
(i) a Chapter 1 legacy scheme,
(ii) a judicial legacy scheme (within the meaning of Chapter 2), or
(iii) a local government legacy scheme (within the meaning of Chapter 3), or
(b) is not within paragraph (a) and was, on 31 March 2012, in service as a firefighter which entitled the person to be an active member of a relevant firefighters’ legacy scheme.
(6) The fourth condition is that there is no disqualifying gap in service falling within the period—
(a) beginning with—
(i) in a case in which the third condition is met by virtue of subsection (5)(a), the day after the most recent day in relation to which that condition is met;
(ii) in a case in which the third condition is met by virtue of subsection (5)(b), 1 April 2012, and
(b) ending with the day before the first day of the service in question.”
Member’s explanatory statement
This amendment adjusts the third condition in this clause to cater for the fact that certain schemes for firefighters gave transitional protection to those who on 31 March 2012 were in active service but were not active members of the scheme. The fourth condition is amended consequentially.
5: Clause 1, page 2, line 21, leave out from “which” to end of line 24 and insert—
“(a) is pensionable service under—
(i) a Chapter 1 scheme,
(ii) a judicial scheme (within the meaning of Chapter 2), or
(iii) a local government scheme (within the meaning of Chapter 3), or
(b) is, as a result of a Fair Deal transfer, pensionable service under a Fair Deal scheme.”
Member’s explanatory statement
This amendment ensures that service in a private sector scheme under Fair Deal arrangements (which, before 2013, governed the pension arrangements that had to be offered to those in public service who were compulsorily transferred to the private sector) does not count as part of a “disqualifying gap in service” for the purposes of the fourth condition.