Income payments orders against pension payments
1. In section 32(2) of the Bankruptcy (Scotland) Act 1985 (vesting of estate, and dealings of debtor, after sequestration), at the beginning insert ``Notwithstanding anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999,''.
2. In section 310(7) of the Insolvency Act 1986 (bankrupt's income against which income payments orders may be made includes certain payments under pension schemes), after ``employment and'' insert ``(despite anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999)''.
Extended meaning of ``personal pension scheme''
3.-(1) In the Pension Schemes Act 1993-
(a) in section 1 (categories of pension schemes), in the definition of ``personal pension scheme'', for ``employed earners'' substitute ``earners (whether employed or self-employed)''; and
(b) in section 181(1) (general interpretation), for the definition of ``employed earner'' substitute-
````employed earner'' and ``self-employed earner'' have the meanings given by section 2 of the Social Security Contributions and Benefits Act 1992;''.
(2) In consequence of sub-paragraph (1), the following provisions of that Act shall cease to have effect, namely-
(a) in subsection (2)(a)(ii) of section 73 (short service benefit), the words ``or a self-employed pension arrangement'' and ``or arrangement'';
(b) in subsection (2)(a) of section 96 (exercise of option under section 95), sub-paragraph (iii) and the word ``or'' immediately preceding that sub-paragraph; and
(c) in subsection (1) of section 181 (general interpretation), the definition of ``self-employed pension arrangement''.
Revaluation of earnings factors: meaning of ``relevant year''
4. In section 16(5) of the Pension Schemes Act 1993 (revaluation of earnings factors for purposes of section 14: early leavers etc.), for the definition of ``relevant year'' substitute-
````relevant year'' means any tax year in the earner's working life,''.
Interim arrangements
5.-(1) Section 28 of the Pension Schemes Act 1993 (ways of giving effect to protected rights) is amended as follows.
(2) In subsection (1)-
(a) omit paragraph (aa) (but not the final ``and''); and
(b) in paragraph (b), for ``permitted'' substitute ``provided for''.
(3) For subsection (1A) substitute-
``(1A) Where the scheme is a personal pension scheme which provides for the member to elect to receive payments in accordance with this subsection, and the member so elects, effect shall be given to his protected rights during the interim period by the making of payments under an interim arrangement which-
(a) complies with section 28A, and
(b) satisfies such conditions as may be prescribed; and in such a case subsections (2) to (4) accordingly apply as regards giving effect to his protected rights as from the end of that period.''
(4) In subsection (3) for ``(1A)(a) or'' substitute ``(1A) or''.
Effect of certain orders on guaranteed minimum pensions
6. In section 47 of the Pension Schemes Act 1993 (entitlement to guaranteed minimum pension for the purposes of the relationship with social security benefits), after subsection (6) (which is inserted by section 32(4) of this Act) add-
``(7) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the Insolvency Act 1986 (recovery of excessive pension contributions) or under section 36A of the Bankruptcy (Scotland) Act 1985.''
Mandatory payment of contributions equivalent premiums
7.-(1) In section 55 of the Pension Schemes Act 1993 (contributions equivalent premiums)-
(a) in subsection (2), after ``the prescribed person'' insert ``shall, if subsection (2B) applies, pay and otherwise'';
(b) in subsection (2A), omit the words following paragraph (e); and (c) after that subsection insert-
``(2B) Except in prescribed circumstances, this subsection applies in any case where the earner has no accrued right to any benefit under the scheme.
(2C) Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of subsection (2), the prescribed person must notify the Inland Revenue of that fact within the prescribed period and in the prescribed manner.''
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Pensionable service
18. In section 124(3) of the Pensions Act 1995 (matters to be disregarded in determining ``pensionable service''), at the end insert-
``but, in its application for the purposes of section 51, paragraph (b) does not affect the operation of any rules of the scheme by virtue of which a period of service is to be rounded up or down by a period of less than a month.''
Occupational pension schemes: rights of employee who is director of corporate trustee
19.-(1) The Employment Rights Act 1996 is amended as follows.
(2) In section 46 (employee who is a trustee of a pension scheme not to be subject to detriment referable to his carrying out his functions as such a trustee), after subsection (2) insert-
``(2A) This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).''
(3) In section 58 (right to time off for pension scheme trustees), after subsection (2) insert-
``(2A) This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).''
(4) In section 102 (unfair dismissal of pension scheme trustees), after subsection (1) insert-
``(1A) This section applies to an employee who is a director of a company which is a trustee of a relevant occupational pension scheme as it applies to an employee who is a trustee of such a scheme (references to such a trustee being read for this purpose as references to such a director).''
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