Moved by
Viscount Younger of Leckie
43: After Clause 22, insert the following new Clause—
“Remedial arrangements to pay voluntary contributions to legacy schemes
(1) Scheme regulations for a Chapter 1 legacy scheme may make provision so as to secure that a relevant member may enter into remedial voluntary contributions arrangements.
(2) In subsection (1)—
“relevant member”, in relation to a Chapter 1 legacy scheme, means a member (other than a deceased member) who has remediable service in an employment or office which, after the coming into force of section 2 (1) in relation to the scheme, is pensionable service under the scheme (whether or not by virtue of that provision);
“remedial voluntary contributions arrangements” means arrangements—
(a) which are entered into by a member after the coming into force of section 2 (1) in relation to the scheme, and
(b) under which the member pays voluntary contributions to the scheme.
(3) Provision by virtue of subsection (1) may permit a member (“M”) to enter into arrangements only if the scheme manager is satisfied that it is more likely than not that, but for a relevant breach of a non-discrimination rule, M would, during the period of M’s remediable service in the employment or office, have entered into the same or similar arrangements.
(4) The provision that may be made by virtue of subsection (1) includes, in particular, provision under which liabilities to pay voluntary contributions that would otherwise arise under the arrangements are reduced by tax relief amounts.
(5) In subsection (4) “tax relief amounts” means amounts determined by reference to the tax relief under section 188 of FA 2004 (relief for members’ contributions) that would have been available in respect of the amounts owed if they were paid in a different tax year.
(6) Provision by virtue of subsection (1) may not permit a member (“M”) to enter into arrangements after—
(a) the end of the period of one year beginning with the day on which a remediable service statement is first provided in respect of M, or
(b) such later time as the scheme manager considers reasonable in all the circumstances.
(7) Subsection (6) does not affect the continued operation after the time mentioned in that subsection of any remedial arrangements entered into before that time.
(8) In this section “non-discrimination rule” means a rule that is, or at any time was, included in a Chapter 1 scheme by virtue of—
(a) section 61 of EA 2010, or
(b) paragraph 2 of Schedule 1 to EEAR(NI) 2006.
(9) For the purposes of this section a breach of a non-discrimination rule is “relevant” if it arises from the application of—
(a) an exception to section 18(1) of PSPA 2013 made under section 18(5) to (7) of that Act, or
(b) an exception to section 18(1) of PSPA(NI) 2014 made under section 18(5) to (8) of that Act.”
Member’s explanatory statement
This Clause makes it possible for a Chapter 1 legacy scheme to make provision giving members with remediable service the facility to enter into new arrangements to pay voluntary contributions. The facility may only be made available to members who show that they would have entered into similar arrangements but for unlawful discrimination, and may be made available only for a limited period.