Public Service Pensions Act 2013 (c. 25)

Public body pension schemes U.K.

30 New public body pension schemes U.K.

(1) The following provisions of this Act apply in relation to a new public body pension scheme (and any statutory pension scheme that is connected with it) as to a scheme under section 1 (and any connected scheme)—

(a) section 3(1) and (2) and Schedule 3 (scheme regulations);

(b) section 4 (scheme manager);

(c) sections 5 and 6 (pension board), if the scheme has more than one member;

(d) sections 8 to 10 (scheme design);

(e) sections 11 [F1 to 12A] (cost control);

(f) sections 14 to 16 (information and records).

(2) For the purposes of subsection (1), the provisions referred to in that subsection are to be read with the following modifications—

(a) references to scheme regulations are to be read as references to the rules of the scheme;

(b) references to the responsible authority are to be read as references to the public authority which established the scheme.

(3) A new public body pension scheme, and any variation to the rules of the scheme, requires the consent of the Treasury.

(4) This section does not apply to a new public body pension scheme which relates to a devolved body or office.

[F2 (4A) The following provisions of this section do not apply to a new public body pension scheme which is made under section 20(3) of the Government of Wales Act 2006 (remuneration of members of the Senedd: pensions)—

(a) subsection (1)(e) (cost control);

(b) subsection (3) (Treasury consent).]

(5) In this Act—

• “public body pension scheme” means a scheme (other than an existing scheme [F3 or a scheme established under section 18A of the Judicial Pensions and Retirement Act 1993] ) established by a public authority for the payment of pensions and other benefits to or in respect of members or staff of a statutory body or the holder of a statutory office;

• “new public body pension scheme” means a public body pension scheme established after the coming into force of this section.

Textual Amendments

F1 Words in s. 30(1)(e) substituted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 95(7), 131(1)(2)(f)

F2 S. 30(4A) inserted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 99, 131(1)(2)(f)

F3 Words in s. 30(5) inserted (14.3.2017) by The Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision) Regulations 2017 (S.I. 2017/393), regs. 1(2), 2

Commencement Information

I1 S. 30 in force at 1.4.2015 by S.I. 2015/4, art. 5(1)(2)(a)

31 Restriction of certain existing public body pension schemes U.K.

(1) This section applies to a public body pension scheme which relates to members or staff of a body, or the holder of an office, listed in Schedule 10.

(2) The public authority responsible for the scheme must make provision to secure that no benefits are provided under the scheme to or in respect of a person in relation to the person's service after a date determined by the authority.

(3) Subsection (2) does not apply—

(a) in relation to a public body pension scheme which is a defined contributions scheme, or

(b) to injury or compensation benefits.

(4) The public authority responsible for a scheme to which subsection (2) applies may provide for exceptions to the provision made under subsection (2) F4 ... .

(5) Provision made under subsection (2) or (4) may in particular be made by amending the public body pension scheme.

(6) In subsection (2), the reference to benefits in relation to a person's service includes benefits relating to the person's death in service.

(7) If any of the persons to whom a scheme to which subsection (2) applies relates are not eligible for membership of a scheme under section 1, the public authority responsible for the scheme may establish a new scheme for the payment of pensions or other benefits to or in respect of those persons (and see section 30).

(8) Where a scheme to which subsection (2) applies was established in exercise of a statutory function or other power, the function or power may not be exercised again so as to establish a new defined benefits scheme in relation to the body or office.

(9) In the case of a scheme established by deed of trust, subsections (2) and (4) apply irrespective of the provisions of the deed or the law relating to trusts.

(10) A Treasury order may amend Schedule 10 so as to—

(a) remove any body or office specified there;

(b) add any body or office to it (by name or description),

but may not add a devolved body or office.

(11) A Treasury order under subsection (10) may make consequential or supplementary provision, including in particular provision made by amending any legislation.

(12) A Treasury order under subsection (10) is subject to the negative procedure.

(13) It is immaterial for the purposes of subsection (1) whether a scheme is made before or after the coming into force of this section.

(14) Schedule 7 contains provision for a “final salary link” in relation to schemes to which subsection (2) applies.

Textual Amendments

F4 Words in s. 31(4) omitted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 88(3), 131(1)(2)(f) (with s. 96(6)(7))

Commencement Information

I2 S. 31 in force at 1.4.2015 by S.I. 2015/4, art. 5(1)(2)(b)

32 Existing public body pension schemes: pension age U.K.

(1) A public body pension scheme established before the coming into force of this section may include—

(a) provision securing that the normal and deferred pension age of a person under the scheme is—

(i) the same as the person's state pension age, or

(ii) 65, if that is higher, and

(b) provision securing that changes in the person's normal or deferred pension age occurring in consequence of provision under paragraph (a) apply in relation to relevant accrued benefits (as well as other benefits).

(2) In subsection (1)(b) “relevant accrued benefits”, in relation to a person and a scheme, means benefits accrued after the coming into force of the provision under subsection (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.

(3) This section does not apply to a public body pension scheme which relates to a devolved body or office.

Commencement Information

I3 S. 32 in force at 1.4.2015 by S.I. 2015/4, art. 5(1)(2)(c)