Pensions Act 2011

Section 3

SCHEDULE 3 Consolidation of additional pension

Social Security Contributions and Benefits Act 1992 (c. 4)

1 The Social Security Contributions and Benefits Act 1992 is amended as follows.

2 (1) Section 45 (the additional pension in a Category A retirement pension) is amended as follows.

(2) In subsection (2) (as amended by section 102(3) of the Pensions Act 2008) for “6th April 2020” substitute “a date specified for the purposes of this subsection by order (“the specified date”)”.

(3) In subsection (2A) (as inserted by section 102(4) of the Pensions Act 2008)—

(a) in the opening words for “a tax year after 5th April 2020” substitute “the tax year beginning with the specified date or a subsequent tax year”;

(b) in paragraph (a) for “flat rate introduction” substitute “additional pension consolidation”;

(c) for paragraph (b) substitute—

“(b) in relation to the additional pension consolidation year and subsequent years, the weekly equivalent of the amount calculated in accordance with Schedule 4B to this Act.”

3 In section 46 (modifications of section 45 for calculating the additional pension in certain benefits) in subsection (5)(a) (as inserted by paragraph 6(3) of Schedule 4 to the Pensions Act 2008) for “6th April 2020” substitute “a date specified for the purposes of this subsection by order (“the specified date”)”.

4 In section 122(1) (interpretation of Parts 1 to 6) insert at the appropriate place—

• ““the additional pension consolidation year” means such tax year as may be designated as such by order;”.

5 (1) Section 176 (Parliamentary control) is amended as follows.

(2) After subsection (3) insert—

“(3A) Subsection (3) above does not apply to a statutory instrument by reason only that it contains an order under section 45(2).”

(3) In subsection (4) after “flat rate introduction year” insert “or the additional pension consolidation year”.

6 (1) Schedule 4B (additional pension: accrual rates for purposes of section 45(2)(d)) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1) in the opening words after “45(2)(d)” insert “or (2A)(b)”;

(b) in sub-paragraphs (1)(a) and (b) and (2) after “45(2)(d)” insert “or (2A)(b) (as the case may be)”.

(3) In paragraph 11 after “45(2)(d)” insert “or (2A)(b)”.

7 (1) Schedule 4C (additional pension: calculation of revalued consolidated amount) (as inserted by Schedule 3 to the Pensions Act 2008) is amended as follows.

(2) In paragraphs 1 and 2 for “flat rate introduction” substitute “additional pension consolidation”.

(3) Omit paragraph 3.

(4) In paragraphs 5(b) and 7(1) for “and (c)” (in each place) substitute “, (c) and (d)”.

(5) In paragraph 6 for “6th April 2020” substitute “the date specified for the purposes of section 45(2) of this Act”.

(6) In paragraph 7(1) for “6th April 2020” substitute “the date specified for the purposes of section 45(2)”.

(7) In paragraph 7(2)—

(a) in paragraph (b) after “2(2)(b),” insert “5(2)(b),”;

(b) after paragraph (b) insert—

“(c) in Schedule 4B, paragraphs 4, 5(b), 8(3), 9(2)(b) and (3) and 10(1)(b).”

(8) After paragraph 7(2) insert—

“(3) Paragraph 1(1) of Schedule 4B applies as if a reference to the relevant years within section 45(2)(d) were a reference to the relevant years falling within the period beginning with the flat rate introduction year and ending immediately before the consolidation date.”

Social Security Administration Act 1992 (c. 5)

8 (1) Section 148AB of the Social Security Administration Act 1992 (revaluation of consolidated amount) (as inserted by paragraph 14 of Schedule 4 to the Pensions Act 2008) is amended as follows.

(2) In subsections (1) and (2) for “flat rate introduction” substitute “additional pension consolidation”.

(3) After subsection (8) insert—

“(9) In this section “the additional pension consolidation year” has the meaning given by section 122 of the Contributions and Benefits Act (interpretation of Parts 1 to 6 etc).”

Pension Schemes Act 1993 (c. 48)

9 The Pension Schemes Act 1993 is amended as follows.

10 In section 46 (effect of entitlement to guaranteed minimum pensions on payment of social security benefits) in subsection (1A) (as inserted by section 103(2) of the Pensions Act 2008) for “in tax year after 5th April 2020” substitute “on or after the date specified for the purposes of section 45(2) of that Act”.

11 In section 46A (retirement in tax year after 5th April 2020) (as inserted by section 103(3) of the Pensions Act 2008)—

(a) in subsection (1)(c) for “in tax year after 5th April 2020” substitute “on or after the date specified for the purposes of section 45(2) of that Act”;

(b) in the heading for “in tax year after 5th April 2020” substitute “on or after the specified date”.

Pensions Act 2008 (c. 30)

12 The Pensions Act 2008 is amended as follows.

13 In section 102 (consolidation of additional pension) in subsection (7) for “6th April 2020” substitute “the date specified for the purposes of section 45(2) of the 1992 Act”.