Constitutional Reform and Governance Act 2010

Part 2Provision which may be included in schemes

Introductory

23(1)In this Part of this Schedule “relevant service”—

(a)for the purposes of paragraph 14(1)(a), means service as a member of the House of Commons, and

(b)for the purposes of paragraph 17(1)(a), means service to which paragraph 16 applies.

(2)Expressions defined in relation to Part 1 of this Schedule have the same meaning in this Part of this Schedule as in that Part.

Contributions

24Provision authorising or requiring contributions and other sums to be paid into the Fund by or on behalf of persons in relevant service, including provision for those contributions and sums to be paid—

(a)by deductions from salary;

(b)in the case of a person who does not draw a salary, out of money provided by Parliament.

Conditions etc

25Provision as to—

(a)the circumstances in which there is to be entitlement to a pension payable out of the Fund;

(b)the conditions of any such entitlement;

(c)the persons to or for the benefit of whom such a pension is payable;

(d)the calculation of the amount of any such pension;

(e)the payment or commutation of any such pension.

Pensions not paid out of Fund

26(1)Provision for the application of assets of the Fund in or towards the provision of pensions to be paid otherwise than out of the Fund.

(2)In connection with such provision, provision for the payment into the Fund out of money provided by Parliament of sums in addition to those paid into the Fund under paragraph 10.

Transfer values

27(1)Provision for the payment and receipt of transfer values by the trustees of the Fund (including provision for the payment of such values into the Consolidated Fund).

(2)Provision for the transfer and receipt by the trustees of the Fund of funds or policies of insurance in lieu of transfer values.

Service

28Provision authorising service other than relevant service to be taken into account, in addition to relevant service, for the purposes of any provision of the scheme.

Repayments

29(1)Provision as to the circumstances and manner in which amounts equal to some or all of the contributions and other sums paid by or on behalf of a person into the Fund may be repaid or paid to that person.

(2)Provision as to the circumstances and manner in which any such amounts are to be paid out of the Consolidated Fund in respect of transfer values paid into that Fund.

(3)Provision under sub-paragraph (1) or (2) may include provision as to whether any repayment or payment made under that provision is to be made with or without interest.

Assignment etc

30Provision rendering void—

(a)any assignment (or, in Scotland, assignation) of a pension which is payable or may become payable out of the Fund;

(b)any charge on such a pension;

(c)any agreement to assign or charge such a pension.

Functions

31Provision conferring functions under the scheme on persons specified in or determined under the scheme.

Approvals

32Provision making the approval, satisfaction or opinion of persons on whom functions are conferred by or under the scheme material for the purposes of any provision of the scheme.

Payments without probate

33Provision authorising (in relation to such cases, circumstances or persons as may be specified in or determined under the scheme) any sum due to be paid out of the Fund in respect of a person who has died to be paid without probate or other proof of title.

Application of other provisions

34Provision which (with or without modifications) applies in relation to a pension payable out of the Fund so much of any enactment or subordinate legislation (whenever passed or made) as relates to another pension, being a pension payable out of money provided by Parliament.