The Firefighters’ Pension Scheme (England) Regulations 2014

• (a) P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

• (b) P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.

• (5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.

• (6) This sub-paragraph applies if—

• (a) P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

• (b) P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.

• (7) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

Exception for full protection member during protection period

10

• (1) The protection period for a person (P) who is a full protection member of the 1992 Scheme or the NFPS, as the case may be, is the period which—

• (a) begins on the day after the scheme closing date; and

• (b) ends when P ceases to be a full protection member of the 1992 Scheme or the NFPS (unless P is a tapered protection member by virtue of paragraph 9(5)).

• (2) During the protection period—

• (a) P is eligible to be in pensionable service under the NFPS or where P is an active member of the 1992 Scheme, eligible to be in pensionable service under that scheme;

• (b) section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and

• (c) benefits are to be provided under the 1992 Scheme or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.

Full protection member not eligible to join this scheme

11

While a person (P) is a full protection member of the 1992 Scheme or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.

Full protection: members of the 1992 Scheme or the NFPS on scheme closing date

12

• (1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

• (2) This sub-paragraph applies if—

• (a) P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on the scheme closing date;

• (b) P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on 31st March 2012; and

• (c) if P is an active member of the 1992 Scheme, P would, unless P dies, reach normal pension age under the 1992 Scheme[^f00072] or if P is an active member or eligible to be an active member of the NFPS, normal pension age under the NFPS[^f00073] on or before 1st April 2022.

• (3) This sub-paragraph applies if—

• (a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

• (b) P was an active member or eligible to be an active member of the NFPS on the scheme closing date; and

• (c) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.

Full protection: members of an existing scheme

13

This paragraph applies if—

• (a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

• (b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

• (c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the 1992 Scheme or the NFPS;

• (d) on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and

• (e) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.

Full protection: members of an existing public body pension scheme

14

This paragraph applies if—

• (a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

• (b) P was an active member of an existing scheme or an existing public body pension scheme (“transitional scheme”) on 31st March 2012;

• (c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;

• (d) on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing public body pension scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and

• (e) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.

PART 3 — Exceptions to section 18(1) of the 2013 Act: tapered protection members of the 1992 Scheme or the NFPS

Tapered protection members of the 1992 Scheme or the NFPS

15

• (1) A person (P) to whom any of paragraphs 18 to 21 applies is a tapered protection member of the 1992 Scheme or the NFPS.

• (1A) Where P was a full protection member of the 1992 Scheme and after retiring from pensionable service in this scheme, became entitled to a continuous service pension under rule B1A, or an ordinary pension under rule B1 or a short service award under rule B2 or a continued pension under rule B2A of that scheme, P ceases to be eligible to be a tapered protection member of the NFPS.

• (2) P ceases to be a tapered protection member of the 1992 Scheme or the NFPS on whichever of the following days occurs first—

• (a) P’s tapered protection closing date; or

• (b) the day on which P ceases to be in pensionable service under the 1992 Scheme or if later, ceases to be eligible to be in pensionable service under the NFPS unless sub-paragraph (3) or sub-paragraph (4) applies.

• (3) This sub-paragraph applies if—

• (a) before P’s transition date P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and

• (b) P would have been a protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.

• (4) This sub-paragraph applies if—

• (a) before P’s transition date P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and

• (b) P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.

• (5) For the purpose of paragraph (4)(b), after the scheme closing date, P is not on a gap in service while P is in pensionable public service.

Exception for tapered protection members during protection period

16

• (1) The protection period for a tapered protection member of the 1992 Scheme or the NFPS is the period which—

• (a) begins on the day after the scheme closing date; and

• (b) ends when P ceases to be a tapered protection member of the 1992 Scheme or the NFPS.

• (2) During the protection period—

• (a) P is eligible to be in pensionable service under the NFPS or where P is an active member of the 1992 Scheme, eligible to be in pensionable service under that scheme;

• (b) section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and

• (c) benefits are to be provided under the 1992 Scheme or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.

Tapered protection member not eligible to join this scheme

17

While a person (P) is a tapered protection member of the 1992 Scheme or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.

Tapered protection: members of the 1992 Scheme or the NFPS on scheme closing date

18

• (1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.

• (2) This sub-paragraph applies if—

• (a) P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS on the scheme closing date;

• (b) on 31st March 2012, P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS; and

• (c) if P is an active member of the 1992 Scheme P would, unless P dies, reach normal pension age under that scheme, or if P is an active member or eligible to be an active member of the NFPS, P would reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 31st March 2026.

• (3) This sub-paragraph applies if—

• (a) P was an active member of an existing scheme other than the 1992 Scheme or the NFPS, or of an existing public body pension scheme, (“P’s transitional scheme”) on 31st March 2012;

• (b) P was an active member of the NFPS on the scheme closing date; and

• (c) P would, unless P dies, ... reach normal pension age under—

• (i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

• (ii) P’s transitional scheme on or before 1st September 2025.

Tapered protection: members of an existing scheme

19

This paragraph applies if—

• (a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

• (b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

• (c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the 1992 Scheme or the NFPS;

• (d) on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and

• (e) P would, unless P dies, reach normal pension age under—

• (i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

• (ii) P’s transitional scheme on or before 1st September 2025.

Tapered protection: members of an existing public body pension scheme

20

This paragraph applies if—

• (a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;

• (b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;

• (c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;

• (d) on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing public body pension scheme referred to in (c) had P re-entered service which is pensionable under that scheme on that date; and

• (e) P would, unless P dies, reach normal pension age under—

• (i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

• (ii) P’s transitional scheme on or before 1st September 2025.

Tapered protection members of an existing scheme or an existing public body pension scheme

21

This paragraph applies if—

• (a) paragraph 13 or 14 of this Schedule would have applied but for the fact that P would not have been a fully protected member of the existing scheme or existing public body pension scheme referred to in paragraph (13)(c) or (14)(c), as the case may be (“transferring scheme”) on the date P begins service which is pensionable under the NFPS; and

• (b) P would have been a protected member of the transferring scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under the transferring scheme on the date P returns to service which is pensionable under the NFPS.

PART 4

Date of birth from	Date of birth to	Date of end of protection
02/04/1967	01/05/1967	31/03/2022
02/05/1967	01/06/1967	06/02/2022
02/06/1967	01/07/1967	14/12/2021
02/07/1967	01/08/1967	23/10/2021
02/08/1967	01/09/1967	29/08/2021
02/09/1967	01/10/1967	06/07/2021
02/10/1967	01/11/1967	15/05/2021
02/11/1967	01/12/1967	21/03/2021
02/12/1967	01/01/1968	28/01/2021
02/01/1968	01/02/1968	05/12/2020
02/02/1968	01/03/1968	11/10/2020
02/03/1968	01/04/1968	22/08/2020
02/04/1968	01/05/1968	28/06/2020
02/05/1968	01/06/1968	07/05/2020
02/06/1968	01/07/1968	14/03/2020
02/07/1968	01/08/1968	21/01/2020
02/08/1968	01/09/1968	28/11/2019
02/09/1968	01/10/1968	05/10/2019
02/10/1968	01/11/1968	13/08/2019
02/11/1968	01/12/1968	20/06/2019
02/12/1968	01/01/1969	28/04/2019
02/01/1969	01/02/1969	05/03/2019
02/02/1969	01/03/1969	10/01/2019
02/03/1969	01/04/1969	22/11/2018
02/04/1969	01/05/1969	29/09/2018
02/05/1969	01/06/1969	07/08/2018
02/06/1969	01/07/1969	14/06/2018
02/07/1969	01/08/1969	22/04/2018
02/08/1969	01/09/1969	27/02/2018
02/09/1969	01/10/1969	04/01/2018
02/10/1969	01/11/1969	12/11/2017
02/11/1969	01/12/1969	19/09/2017
02/12/1969	01/01/1970	29/07/2017
02/01/1970	01/02/1970	04/06/2017
02/02/1970	01/03/1970	11/04/2017
02/03/1970	01/04/1970	21/02/2017
02/04/1970	01/05/1970	29/12/2016
02/05/1970	01/06/1970	06/11/2016
02/06/1970	01/07/1970	13/09/2016
02/07/1970	01/08/1970	23/07/2016
02/08/1970	01/09/1970	29/05/2016
02/09/1970	01/10/1970	05/04/2016
02/10/1970	01/11/1970	13/02/2016
02/11/1970	01/12/1970	20/12/2015
02/12/1970	01/01/1971	29/10/2015
02/01/1971	01/02/1971	05/09/2015
02/02/1971	01/03/1971	12/07/2015
02/03/1971	01/04/1971	24/05/2015
Date of birth from	Date of birth to	Date of end of protection
---	---	---
02/04/1962	01/05/1962	31/03/2022
02/05/1962	01/06/1962	06/02/2022
02/06/1962	01/07/1962	14/12/2021
02/07/1962	01/08/1962	23/10/2021
02/08/1962	01/09/1962	29/08/2021
02/09/1962	01/10/1962	06/07/2021
02/10/1962	01/11/1962	15/05/2021
02/11/1962	01/12/1962	21/03/2021
02/12/1962	01/01/1963	28/01/2021
02/01/1963	01/02/1963	05/12/2020
02/02/1963	01/03/1963	11/10/2020
02/03/1963	01/04/1963	23/08/2020
02/04/1963	01/05/1963	30/06/2020
02/05/1963	01/06/1963	09/05/2020
02/06/1963	01/07/1963	15/03/2020
02/07/1963	01/08/1963	23/01/2020
02/08/1963	01/09/1963	30/11/2019
02/09/1963	01/10/1963	06/10/2019
02/10/1963	01/11/1963	15/08/2019
02/11/1963	01/12/1963	22/06/2019
02/12/1963	01/01/1964	30/04/2019
02/01/1964	01/02/1964	07/03/2019
02/02/1964	01/03/1964	12/01/2019
02/03/1964	01/04/1964	22/11/2018
02/04/1964	01/05/1964	29/09/2018
02/05/1964	01/06/1964	07/08/2018
02/06/1964	01/07/1964	14/06/2018
02/07/1964	01/08/1964	22/04/2018
02/08/1964	01/09/1964	27/02/2018
02/09/1964	01/10/1964	04/01/2018
02/10/1964	01/11/1964	12/11/2017
02/11/1964	01/12/1964	19/09/2017
02/12/1964	01/01/1965	29/07/2017
02/01/1965	01/02/1965	04/06/2017
02/02/1965	01/03/1965	11/04/2017
02/03/1965	01/04/1965	21/02/2017
02/04/1965	01/05/1965	29/12/2016
02/05/1965	01/06/1965	06/11/2016
02/06/1965	01/07/1965	13/09/2016
02/07/1965	01/08/1965	23/07/2016
02/08/1965	01/09/1965	29/05/2016
02/09/1965	01/10/1965	05/04/2016
02/10/1965	01/11/1965	13/02/2016
02/11/1965	01/12/1965	20/12/2015
02/12/1965	01/01/1966	29/10/2015
02/01/1966	01/02/1966	05/09/2015
02/02/1966	01/03/1966	12/07/2015
02/03/1966	01/04/1966	24/05/2015

Signed

We consent to the making of these Regulations

Harriett Baldwin — David Evennett — Two of the Lords Commissioners of Her Majesty’s Treasury — 22nd October 2014

Signed by authority of the Secretary of State for Communities and Local Government

Penny Mordaunt — Parliamentary Under Secretary of State — Department for Communities and Local Government — 23rd October 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Part 1 of these Regulations establishes a scheme for the payment of pensions and other benefits to firefighters in England from 1st April 2015. The scheme so established is a career average revalued earnings scheme.

Part 2 contains provisions appointing fire and rescue authorities as “scheme manager” and permitting the delegation of the Secretary of State’s and the scheme manager’s functions under these Regulations.

Part 3 provides for scheme membership. It sets out the key concepts of scheme employment and pensionable earnings. It contains eligibility and auto-enrolment provisions.

Part 4 provides for the establishment of a member’s pension accounts in relation to a continuous period of pensionable service under this scheme. It also provides for the establishment of a pension credit member’s account.

Part 5 provides for a member’s entitlement to payment of retirement benefits including partial retirement benefits and ill-health benefits. It also provides for the assignment of benefits. It sets out the key concept of qualifying service.

Part 6 provides for death benefits payable to surviving adults and eligible children and for payment of lump sum benefits.

Part 7 provides for benefits for pension credit members.

Part 8 provides for the payment of contributions by members and employers.

Part 9 provides for payments to be made into and out of the Firefighters’ Pension Fund.

Part 10 provides for making and receiving transfer payments.

Part 11 provides for actuarial valuations.

Part 12 provides for the determinations of questions and appeals.

Part 13 contains supplementary provisions on payment of pensions, forfeiture and set off, payment and deduction of tax.

Schedule 1 makes provision for payments for extra pension.

Schedule 2 makes transitional provision.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

Footnotes

[^f00001]: See also section 1(3) and Schedule 1.

[^f00002]: Coming into force on 1st April 2015.

[^f00003]: See also section 8(2)(a) and (4).

[^f00004]: Subsection (5A) was inserted by the Pensions Act 2014 (c. 19), section 52.

[^f00005]: 2013 c.25.

[^f00006]: See paragraph 6 of Schedule 1 to the Public Service Pensions Act 2013 for the definition of “fire and rescue workers”.

[^f00007]: S.I. 1992/129. The name of the scheme was changed to the Firefighters’ Pension Scheme by article 4(1) of S.I. 2004/2306. Other amendments made are not relevant to these Regulations.

[^f00008]: 2004 c.12.

[^f00009]: S.I. 2006/3432; Schedule 1 is the subject of amendments not relevant to these Regulations.

[^f00010]: 1971 c.56.

[^f00011]: 1993 c.48.

[^f00012]: 1999 c. 30.

[^f00013]: 1996 c.18; section 75B was inserted by the Employment Act 2002 (c.22), section 3.

[^f00014]: Section 73 was substituted by the Employment Relations Act 1999 (c.26) section 7 and Schedule 4.

[^f00016]: Section 228 was substituted by the Finance Act 2011 (c.11), Schedule 17, paragraphs 1 and 4 and was amended by the Finance Act 2013 (c.29), section 49.

[^f00017]: Section 227 was amended by the Finance Act 2009 (c.10), Schedule 2, paragraphs 10 and 15 and the Finance Act 2011, Schedule 16, paragraph 45 and Schedule 17, paragraphs 1 and 3.

[^f00018]: 2004 c.21.

[^f00019]: Section 8(2) was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c.7) section 1(5) and Welfare Reform and Pensions Act 1999 (c.30) section 39(1) and (4). Section 8(2) of PIA 1971 may be applied subject to such modifications, adaptations and exceptions as may be specified in regulations under section 5(3) of that Act.

[^f00020]: Section 14 was amended by the Pensions Act 1995 (c.26) Schedule 5 paragraph 27 and Schedule 7 Part 3, the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c.2) Schedule 1 paragraph 38 and the Proceeds of Crime Act 2002 (c.29) Schedule 11 paragraphs 1 and 22.

[^f00021]: Section 17 was amended by the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c.2) Schedule 1 paragraph 39; the Child Support, Pensions and Social Security Act 2000 (c.19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c.35) section 284(2); the Pensions Act 2007 (c.22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c.30) Schedule 4 paragraphs 18 and 20; and S.I. 2005/2050 and 2014/560.

[^f00022]: Section 109 was amended by the Pensions Act 1995 (c.26) section 55 and S.I. 2005/2050.

[^f00023]: Section 15A was inserted by the Welfare Reform and Pensions Act 1999 (c.30) section 32(1) and (3).

[^f00024]: Under section 9 of the 2013 Act the change in earnings to be applied in a period is the percentage increase or decrease as a Treasury order under that section may specify in relation to the period.

[^f00025]: 1983 c.54; the definition of “competent authority” was inserted by S.I.2007/3101.

[^f00026]: Relevant amendments were made to section 1 by the Pension Act 2004 (c.35), section 239 and by S.I. 2007/3014.

[^f00027]: Section 71 was substituted by the Employment Relations Act 1999.

[^f00028]: S.I. 1999/3312 to which there are amendments not relevant to these Regulations.

[^f00029]: S.I. 2002/2788.

[^f00030]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00031]: 1996 c.14.

[^f00032]: A copy is available at http://www.local.gov.uk/c/document_library/get_file?uuid=326723e9-8192-4798-89bb-d152fb05fa5f&groupId=10180.

[^f00033]: 1992 c.4. Section 171ZL was inserted by the Employment Act 2002 (c.22) section 4.

[^f00034]: Sections 171ZA and 171ZB were inserted by the Employment Act section 2. Subsections (1) of those sections were amended by the Work and Families Act 2006 (c.18) Schedule 1 paragraph 12 and 13.

[^f00036]: 1992 c.52.

[^f00037]: S.I. 1996/1172.

[^f00038]: See section 4(6) of the 2013 Act which sets out when statutory pension schemes are “connected”

[^f00039]: S.I. 2010/772.

[^f00040]: See section 37 of the 2013 Act for the meaning of “pensionable service”.

[^f00041]: 2008 c.30.

[^f00042]: Regulation 116 (refund of all member contributions and payments for extra pension made by member) provides for extinguishment of rights following the refund of all member contributions and payments for extra pension made by the member. Regulation 138 ( effect of transfers-out ) provides for extinguishment of rights following the making of a transfer payment.

[^f00043]: Part 4A was inserted by the Welfare Reform and Pensions Act 1999 (c.30) section 37.

[^f00044]: Regulation 152 (role of IQMP in determinations by the scheme manager) requires the scheme manager to obtain the opinion of the IQMP in certain circumstances.

[^f00045]: See section 241 of the Finance Act 2004.

[^f00046]: Section 167 was amended by the Finance Act 2007 (c.11) Schedule 20 paragraph 22 and the Finance Act 2011 (c.11) Schedule 16 paragraph 11. See also Part 2 of Schedule 28 to that Act for the meaning of expressions used in section 167.

[^f00047]: Section 17 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) Schedule 1 paragraph 39. The Child Support, Pensions and Social Security Act 2000 (c.19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c.35) section 284(2); the Pensions Act 2007 (c.22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c.30) Schedule 4 paragraphs 18 and 20; and S.I.2005/2050 and 2014/560.

[^f00048]: S.I. 1996/1172. Regulation 60 was substituted by S.I. 2006/744, 2006/1337, 2009/2930 and 2010/499.

[^f00049]: 1951 c.65.

[^f00050]: Chapter 5 of Part 4 of PSA 1993 was inserted by s.264 of the Pensions Act 2004(c.35).

[^f00051]: 1995 c.26.

[^f00052]: S.I. 2008/649.

[^f00053]: 1995 c.26. Section 50 has been substituted by virtue of section 273 of the Pensions Act 2004 ( c.35).

[^f00054]: S.I. 2008/649.

[^f00055]: Under section 9 of the 2013 Act the change in earnings to be applied in a period is the percentage increase or decrease as a Treasury order under that section may specify in relation to the period.

[^f00056]: Subsection (2B) was inserted by the Pensions Act 1995 (c.26) section 136(3) and amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 Schedule 1 paragraph 35.

[^f00057]: S.I. 1996/1172. Regulation 60 was substituted by S.I. 2006/744 and amended by, 2006/1337, 2009/2930 and 2010/499.

[^f00058]: S.I. 1997/785. Regulation 2 was amended by S.I. 2002/681, 2005/706, 2006/744, 2006/778 and 2009/2930.

[^f00059]: Paragraph 7 was amended by Finance Act 2011 (c.11) Schedule 16 paragraphs 23 and 29 and Schedule 18 paragraphs 1,3, and 4 and S.I.2006/572.

[^f00060]: Paragraph 20 was amended by Finance Act 2011 (c.11) Schedule 16 paragraphs 32 and 39 and Schedule 18 paragraphs 1, 3 and 6.

[^f00061]: S.I. 2000/1054. Regulations 3 was amended by S.I. 2009/2930.

[^f00062]: 1965 c.32; there are amendments to section 6 which are not relevant to this instrument.

[^f00063]: Section 17 was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) Schedule 1 paragraph 39; the Child Support, Pensions and Social Security Act 2000 (c.19) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions Act 2004 (c.35) section 284(2); the Pensions Act 2007 (c.22) section 14(2); the Marriage (Same Sex Couples) Act 2013 (c.30) Schedule 4 paragraphs 18 and 20; and S.I. 2005/2050 and 2014/560.

[^f00064]: 1989 c.6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

[^f00065]: Pension Schemes Act 1993 c.48.

[^f00066]: Section 124(1) was amended by the Welfare Reform and Pensions Act 1999 (c.30) Schedule 12 paragraphs 43 and 61, the Child Support, Pensions and Social Security Act 2000 (c.19) Schedule 5 paragraph 8,, the Pensions Act 2004 section 7(2), Schedule 12 paragraphs 34, 43 and 69 and Schedule 13 Part 1 and S.I. 2005/2053, 2006/745 and 2014/560.

[^f00067]: Section 91(5)(d) was amended by the Welfare Reform and Pensions Act 1999 (c.30) Schedule 12 paragraphs 43 and 57. See S.I.1997/785 which prescribes the transfer credits.

[^f00068]: S.I.2006/569; amended by S.I. 2013/1114.

[^f00069]: S.I.2006/569; regulation 14A was inserted by regulations 2 and 8 of S.I.2011/1797.

[^f00070]: 2004 c.12; section 237B was inserted by the Finance Act 2011 (c.11), Schedule 17, paragraph 15 and was mended by the Finance Act 2013 (c.29), Schedule 46, paragraphs 119 and 129.

[^f00071]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00072]: S.I.1992/129:rule A13 provides that normal pension age is 55 and rule B1 enables regular firefighters over the age of 50 to retire once have reckoned pensionable service of at least 25 years. These rules have been amended by S.I. 2005/2980, 3228 and S.I. 2006/342, 1810, 3433 and 2013/1392.

[^f00073]: S.I. 2006/3432: rule 3(1) of Part 2 provides that normal retirement age of firefighter members is 60.

Local pension boards: establishment

4A

• (1) Each scheme manager must no later than 1st April 2015 establish a pension board (“a local pension board”) responsible for assisting it—

• (a) to secure compliance with—

• (i) these Regulations,

• (ii) any other legislation relating to the governance and administration of this scheme and any connected scheme, and

• (iii) any requirements imposed by the Pensions Regulator in relation to this scheme and any connected scheme; and

• (b) to ensure the effective and efficient governance and administration of this scheme and any connected scheme.

• (2) Where the administration and management of this scheme is wholly or mainly shared by two or more scheme managers, those scheme managers may establish a joint local pension board if approval in writing has been obtained from the Secretary of State.

• (3) Approval under paragraph (2) may be given subject to such conditions as the Secretary of State thinks fit and may be withdrawn if any conditions are not met or if in the opinion of the Secretary of State it is no longer appropriate for the approval to continue.

• (4) Subject to paragraph (5), a scheme manager may determine the procedures applicable to a local pension board, including as to the establishment of sub-committees, formation of joint committees and payment of expenses.

• (5) No member of a local pension board shall have a right to vote on any question unless that member is an employer representative or a member representative.

• (6) A local pension board shall have the power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

Local pension boards: membership

4B

• (1) Subject to paragraphs (2) to (4) each scheme manager must determine—

• (a) the membership of the local pension board;

• (b) the manner in which members of the local pension board may be appointed and removed;

• (c) the terms of appointment of members of the local pension board.

• (2) A local pension board must include an equal number, which is no less than 4 in total, of employer representatives and member representatives and for these purposes the scheme manager must be satisfied that—

• (a) a person to be appointed to the local pension board as an employer representative has the capacity to represent the employer; and

• (b) a person to be appointed to the local pension board as a member representative has the capacity to represent members.

• (3) A member of the authority who is a member of the local pension board must be appointed as either an employer representative or a member representative.

• (4) No member or officer of an authority who is responsible for the discharge of any function under these Regulations (apart from any function relating to a local pension board or the Firefighters’ Pension Scheme Advisory Board) may be a member of the local pension board of that authority.

Local pension boards: conflict of interest

4C

• (1) Each scheme manager must be satisfied that any person to be appointed as a member of a local pension board does not have a conflict of interest.

• (2) A scheme manager must be satisfied from time to time that none of the members of a local pension board has a conflict of interest.

• (3) A person who is to be appointed as a member of a local pension board by a scheme manager must provide that scheme manger with such information as the scheme manger reasonably requires for the purposes of paragraph (1).

• (4) A person who is a member of a local pension board must provide the scheme manager which made the appointment with such information as that scheme manager reasonably requires for the purposes of paragraph (2).

Local pension boards: guidance

4D

A scheme manager must have regard to guidance issued by the Secretary of State in relation to local pension boards.

Scheme advisory board: establishment

4E

• (1) A scheme advisory board (“the Firefighters’ Pension Scheme Advisory Board”) is established.

• (2) The function of the Firefighters’ Pension Scheme Advisory Board is to provide advice in response to a request from the Secretary of State on the desirability of making changes to this scheme and any connected scheme.

• (3) The Firefighters’ Pension Scheme Advisory Board also has the function of providing advice to scheme mangers and local pension boards in relation to the effective and efficient administration and management of this scheme and any connected scheme.

• (4) Subject to these Regulations, the Firefighters’ Pension Scheme Advisory Board may determine its own procedures including as to voting rights, the establishment of sub-committees, formation of joint committees and the payment of remuneration and expenses.

• (5) The Firefighters’ Pension Scheme Advisory Board shall have the power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

Scheme advisory board: membership

4F

• (1) The Firefighters’ Pension Scheme Advisory Board shall consist of a chairman and at least two, and no more than 14, persons appointed by the Secretary of State.

• (2) When deciding whether to make an appointment under paragraph (1), the Secretary of State must have regard to the desirability of there being equal representation of persons representing the interests of scheme employers and persons representing the interests of members.

• (3) A member of the Firefighters’ Pension Scheme Advisory Board is to hold and vacate office in accordance with the terms of that member’s appointment.

• (4) The chairman of the Firefighters’ Pension Scheme Advisory Board may, with the agreement of the Board, appoint a maximum of three persons to be non-voting advisory members of the Boards.

• (5) An advisory member of the Firefighters’ Pension Scheme Advisory Board is to hold and vacate office in accordance with the terms of that member’s appointment.

• (6) The chairman of the Firefighters’ Pension Scheme Advisory Board may, with the agreement of the Board, appoint persons who are not members of the Firefighters’ Pension Scheme Advisory Board to be members of sub-committees of that Board.

• (7) A member of a sub-committee of the Firefighters’ Pension Scheme Advisory Board is to hold and vacate office in accordance with the terms of that member’s appointment.

Scheme advisory board: conflict of interest

4G

• (1) Before appointing any person to be a member of the Firefighters’ Pension Scheme Advisory Board, the Secretary of State must be satisfied that the person does not have a conflict of interest.

• (2) The Secretary of State must be satisfied from time to time that none of the members of the Firefighters’ Pension Scheme Advisory Board has a conflict of interest.

• (3) A person who is to be appointed as a member of the Firefighters’ Pension Scheme Advisory Board must provide the Secretary of State with such information as the Secretary of State reasonably requires for the purposes of paragraph (1).

• (4) A person who is a member of the Firefighters’ Pension Scheme Advisory Board must provide the Secretary of State with such information as the Secretary of State reasonably requires for the purposes of paragraph (2).

Scheme advisory board: funding

4H

• (1) The Firefighters’ Pension Scheme Advisory Board must prepare an annual budget for approval by the Secretary of State.

• (2) The expenses of the Firefighters’ Pension Scheme Advisory Board are to be defrayed by scheme managers in such proportions as are determined by the Board based on the approved budget and the number of members of this scheme and connected schemes for which each scheme manager is responsible.

• (3) A scheme manager must pay the amount it is required to pay under this regulation at such time or times as the Firefighters’ Pension Scheme Advisory Board may determine.

Delegation

Option to commute part of an equivalent amount

71A

• (1) A member who becomes entitled to the immediate payment of an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension may opt under this regulation to exchange part of the pension for a lump sum.

• (2) The option may only be exercised—

• (a) by written notice to the scheme manager which sets out the amount to be commuted; and

• (b) before the first payment of the equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension is made.

• (3) Where the person is entitled to the immediate payment of an equivalent amount to the NFPS lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated—

• (a) in the case of a person who is a connected member of the NFPS in accordance with paragraphs (2) and (4) of rule 9 (commutation : general) of Part 3 of the NFPS, and

• (b) in the case of a person who is a connected special member of the NFPS in accordance with paragraphs (2A), (4) and (4A) of rule 9 of Part 3 of that Scheme.

• (4) Where the person is entitled to the immediate payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule B7 (commutation-general provision) of the 1992 Scheme.

Employer cost cap

150A

• (1) The employer cost cap for this scheme is 16.8% of pensionable earnings of members of this scheme.

• (2) Where the cost of this scheme, calculated following a valuation in accordance with Treasury directions under section 11 of the 2013 Act is more than the margins specified in regulations made under section 12(5) of the 2013 Act (“the Cost Cap Regulations”) above or below the employer cost cap, the Secretary of State must follow the procedure specified in paragraph (3) for reaching agreement with scheme managers, employers and members (or representatives of employers and members) as to the steps required to achieve the target cost specified in the Cost Cap Regulations.

• (3) The procedure specified for the purposes of section 12(6)(a) of the 2013 Act is consultation for such period as the Secretary of State considers appropriate with the Firefighters’ Pension Scheme Advisory Board with a view to reaching an agreement endorsed by all members of that Board.

• (4) If, following such consultation, agreement is not reached within 3 months of the date on which the consultation period ends, the Secretary of State must take steps to adjust the rate at which benefits accrue under regulation 34 (amount of pension for a scheme year) so that the target cost for this scheme is achieved.

PART 3A — Payment of ill-health benefits to transition members

Transition member who has not reached normal pension age under the NFPS

22

• (1) This paragraph applies in relation to a transition member with continuity of service who—

• (a) is a connected member of the NFPS or a connected special member of the NFPS;

• (b) becomes entitled to an ill-health award under this scheme in relation to relevant scheme employment; and

• (c) who has not reached normal pension age under the NFPS.

• (2) If this paragraph applies—

• (a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under rule 2 of Part 3 (awards on ill-health retirement) of the NFPS; and

• (b) an ill-health award is payable under this scheme in accordance with this paragraph.

• (3) If the member meets the conditions only for a lower tier ill-health pension under this scheme the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—

• (a) the annual rate of a lower tier ill-health pension payable under this scheme; and

• (b) an amount payable under regulation 65(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).

• (4) Where the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 66(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.

• (5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under Chapter 2 (transfers out of the Scheme) of Part 12 (transfers into and out of the Scheme) of the NFPS in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the ill-health award the amount in respect of service in the NFPS which is equal to the value represented by that transfer value payment.

• (6) In this paragraph—

• “relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the qualifying service for that connected member of the NFPS, or connected special member of the NFPS, was added for the purposes of regulation 57 (qualifying service).

Transition member who reaches normal pension age under the NFPS

23

• (1) This paragraph applies in relation to a transition member with continuity of service who is receiving payment of an ill-health award in accordance with paragraph 22.

• (2) When the member reaches normal pension age under the NFPS—

• (a) the equivalent amount to the NFPS lower tier ill-health pension specified under regulation 59(2)(ba) (annual rate of retirement pension (active members)) ceases to be payable under this scheme; and

• (b) the member becomes entitled under the NFPS to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount to the NFPS lower tier ill-health pension payable immediately the day before the member reaches normal pension age.

Transition member who has not reached normal pension age under the 1992 Scheme

24

• (1) This paragraph applies in relation to a transition member who—

• (a) was in pensionable service in the 1992 Scheme until the day before the transition date; and

• (b) has continued in pensionable service in relevant scheme employment, or has been treated as an active member of this scheme in relation to that employment, until that member became entitled to an ill-health award under this scheme; and

• (c) has not reached normal pension age under the 1992 Scheme or the age at which the conditions of rule B1 (ordinary pension) as modified by rule B1A (continuous service pension) of that Scheme are satisfied.

• (2) If this paragraph applies—

• (a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under rule B3 (ill health awards) of the 1992 Scheme; and

• (b) an ill-health award is payable from this scheme.

• (3) If the member meets the conditions only for a lower tier ill-health pension under this scheme, the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—

• (a) the annual rate of a lower tier ill-health pension payable under this scheme; and

• (b) an amount payable under regulation 65(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).

• (4) If the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 66(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.

• (5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under rule F9 (payment of transfer value) of the 1992 Scheme in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the amount of the ill-health award an amount in respect of service in the 1992 Scheme which is equal to the value represented by that transfer value payment.

• (6) In this paragraph—

• “relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the pensionable service in the 1992 Scheme was added for the purposes of regulation 57 (qualifying service).

Transition member who reaches normal pension age under the 1992 Scheme

25

• (1) This paragraph applies in relation to a transition member who is receiving the payment of an ill-health award in accordance with paragraph 24.

• (2) When the member reaches normal pension age under the 1992 Scheme or the age for retirement ascertained under rule B1A(3)(i) of that Scheme—

• (a) the member ceases to be entitled to the immediate payment of the equivalent amount to the 1992 Scheme lower tier ill-health pension under regulation 65(4)(b) (entitlement to lower tier ill-health pension and to higher tier ill-health pension) under this scheme; and

• (b) the member becomes entitled under the 1992 Scheme to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount of the 1992 Scheme lower tier ill-health pension payable immediately before the date on which the member reaches normal pension age or the age for retirement ascertained under rule B1A(3)(i) of the 1992 Scheme.

PART 3B — Payment of death benefits in respect of transition members

Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the 1992 Scheme

26

• (1) This paragraph applies in relation to a transition member who—

• (a) was in pensionable service in the 1992 Scheme until the day before the transition date;

• (b) has continued in pensionable service in scheme employment, or to be treated as an active member of this scheme, until that member dies; and

• (c) dies as an active member of this scheme.

• (2) Awards for surviving spouses and civil partners are not payable under Part C (awards on death- spouses) of the 1992 Scheme in respect of a member to whom this paragraph applies.

• (3) A surviving spouse or civil partner of a member to whom this paragraph applies is not entitled to receive a bereavement pension under rule E8 of the 1992 Scheme.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS

27

• (1) This paragraph applies in relation to a transition member with continuity of service who is a connected member of the NFPS or a connected special member of the NFPS—

• (a) who dies as an active member of this scheme; and

• (b) whose period of qualifying service is at least 3 months.

• (2) Pensions for an eligible child are not payable under the NFPS in respect of that member.

Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme

28

• (1) This paragraph applies in relation to a transition member who—

• (a) was in pensionable service in the 1992 Scheme until the day before the transition date;

• (b) has continued in pensionable service in scheme employment, or has been treated as an active member of this scheme, until that member dies; and

• (c) dies as an active member of this scheme.

• (2) Awards for an eligible child are not payable under Part D (awards on death- children) and a bereavement pension is not payable under rule E8A of the 1992 Scheme in respect of that member.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS

29

• (1) This paragraph applies in relation to a transition member (T) who is a member of the NFPS and who dies as an active member of this scheme.

• (2) Subject to paragraph (3), where T dies as a pensioner member of the NFPS, the amount of the lump sum death benefit payable under this scheme is the greater of the amount of the lump sum death benefit payable under regulation 96(2) and the amount of post–retirement death grant payable under rule 2 (post-retirement death grant) of Part 5 of the NFPS.

• (3) Where T at the time of T’s death was a pensioner member of this scheme and an active member of this scheme, and regulation 98 (lump sum payable on death in certain cases) applies, in a case where the greater amount of the lump sum death benefit payable is that under regulation 97 (lump sum payable on death of pensioner member), “regulation 96” in sub-paragraph (2) is to be read as “regulation 97”.

Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme

30

• (1) This paragraph applies in relation to a transition member (T) who is a member of the 1992 Scheme and who dies as an active member of this scheme.

• (2) Sub-paragraph (3) applies where paragraph (7) of rule A3 of the 1992 Scheme applied to T immediately before T died and a lump sum death grant of an amount specified in regulation 96(2) (lump sum payable on death of active member) of this scheme is payable to those persons that the scheme manager determines under regulation 95 (person to whom lump sum death benefit payable) and—

• (a) a lump sum death grant has been paid under rule E1 of the 1992 Scheme,

• (b) a payment of the balance of contributions has been made under rule E4 of the 1992 Scheme, or

• (c) a dependent relative’s gratuity has been paid under rule E3 of the 1992 Scheme.

• (3) Where this sub-paragraph applies, any payments which are referred to in sub-paragraphs (a), or (b), or (c) of paragraph (2) and which have been made must be deducted from the lump sum death grant payable under regulation 96.

• (4) Sub-paragraph (5) applies where T dies as a deferred member of the 1992 Scheme or in receipt of a pension from that Scheme and a lump sum death grant of an amount specified in regulation 96(2) of this scheme is payable to those persons that the scheme manager determines under regulation 95 and—

• (a) a dependent relative’s gratuity has been paid under rule E3 of the 1992 Scheme, or

• (b) an amount of post retirement death grant has been paid under rule E4.

• (5) Where this sub-paragraph applies, the payments which are referred to in sub-paragraphs (a) or (b) of paragraph (4) and which have been made must be deducted from the amount of lump sum death grant payable under regulation 96.

PART 3C — Transitional provisions relating to the NFPS and the 1992 Scheme

Pensionable service under the NFPS

31

• (1) This paragraph applies in relation to a transition member (T) who is a connected member of the NFPS, or a connected special member of the NFPS, and has continuity of service.

• (2) The following provisions of Chapter 2 (purchase of additional service) of Part 11 (pensionable pay, pension contributions and purchase of additional service) of the NFPS continue to apply after the transition date as if T continued in pensionable service under that scheme—

• (a) the provisions relating to the payment of periodical contributions for the purchase of additional service if T had made an election to purchase additional service under rule 6 (election to purchase additional service) or if T returns to pensionable service as a firefighter after a period of unpaid service or absence and T elects to purchase additional service in respect of the period before the transition date under that rule;

• (b) the provisions relating to the payment of the mandatory special period pension contributions payable in respect of an election to purchase service during the limited period under rule 6A (election to purchase service during the limited period).

• (3) In determining whether T qualifies under the NFPS for retirement benefits (other than an award on ill-health retirement or a deferred pension), T’s pensionable service under the NFPS terminates when T’s pensionable service under this scheme terminates.

Final salary of certain transition members for any purposes of the NFPS

32

• (1) This paragraph applies to a transition member (T) with continuity of service who is in pensionable service under this scheme and is a member of the NFPS.

• (2) Subject to sub-paragraphs (3) to (5), in determining T’s final pensionable pay for any purposes of the NFPS under Schedule 7 to the 2013 Act (final salary link)—

• (a) the provisions of paragraph 1 or paragraph 2 of that Schedule apply as if “final salary” were a reference to “final pensionable pay”, and

• (b) pensionable pay derived from service under this scheme is to be regarded as derived from service under the NFPS.

• (3) Where T’s pensionable pay derived from service under this scheme at a time when T’s final pensionable pay is determined for any purposes of the NFPS under Schedule 7 (final salary link) to the 2013 Act is lower than T’s pensionable pay derived from service under the NFPS on the day before the transition date—

• (a) sub-paragraph (2) does not apply, and

• (b) T’s final pensionable pay is determined in accordance with rule 1 (pensionable pay) and rule 2 (final pensionable pay) of Part 11 of the NFPS.

• (4) Where T’s pensionable pay derived from service under this scheme at the time when T’s final pensionable pay is determined for any purposes of the NFPS under Schedule 7 to the 2013 Act (final salary link) is lower than the pensionable pay for any year after the transition date, the pensionable pay for the year of service before the reduction in pensionable pay is to be regarded for the purposes of Schedule 7 as the pensionable pay derived from service under the NFPS.

• (5) The definition of pensionable pay derived from service under this scheme in regulation 17 (pensionable pay) is modified for the purposes of sub-paragraphs (2) and (4) by the omission of paragraph (1)(d) of that regulation and in a case where T is being paid an allowance or supplement within the meaning of paragraph (6) of rule 1 to Part 11 of the NFPS which the employer would have treated as pensionable under that Scheme were the member still a firefighter member of that Scheme, that amount is treated as included in pensionable pay for the purposes of determining T’s final pensionable pay under the NFPS.

Final salary of certain transition members for any purposes of the 1992 Scheme

33

• (1) This paragraph applies in relation to a transition member (T) with continuity of service who is in pensionable service under this scheme and is a member of the 1992 Scheme.

• (2) Subject to sub-paragraphs (3) to (5), in determining T’s average pensionable pay for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link)—

• (a) the provisions of paragraph 1 of that Schedule apply as if “final salary” were a reference to “average pensionable pay”, and

• (b) pensionable pay derived from service under this scheme is to be regarded as derived from service under the 1992 Scheme.

• (3) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link) is lower than T’s pensionable pay derived from service under the 1992 scheme on the day before the transition date—

• (a) paragraph (2) does not apply, and

• (b) T’s average pensionable pay is determined in accordance with rule G1 (pensionable pay and average pensionable pay) of the 1992 Scheme.

• (4) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link) is lower than the pensionable pay for any year after the transition date, the pensionable pay for the year of service before the reduction in pensionable pay is to be regarded for the purposes of Schedule 7 as the pensionable pay derived from service under the 1992 Scheme.

• (5) The definition of pensionable pay derived from service under this scheme in regulation 17 is modified for the purposes of sub-paragraphs (2) and (4) by the omission of paragraph (1)(d) of that regulation and in a case where the member of the 1992 Scheme is being paid an allowance or supplement within the meaning of paragraph (9) of rule G1 (pensionable pay and average pensionable pay) which the employer would have treated as pensionable pay under that Scheme were the member still entitled to reckon pensionable service in that Scheme, that amount is included in pensionable pay for the purposes of determining T’s average pensionable pay under the 1992 Scheme.

Continuous pensionable service under the 1992 Scheme

34

• (1) This paragraph applies to a transition member (T) who was in pensionable service under the 1992 Scheme on the date before that member’s transition date and joined this scheme on the transition date, and has remained in pensionable service under this scheme until the date on which T qualifies under the 1992 Scheme for an award under that Scheme.

• (2) The requirement in paragraph (1) that T has remained in pensionable service under this scheme is satisfied where T has been or is treated as an active member of this scheme.

• (3) In determining whether T qualifies under the 1992 Scheme for retirement benefits (other than an award on ill-health retirement or to a deferred pension), T’s pensionable service under the 1992 Scheme terminates when T’s pensionable service under this scheme terminates.

• (4) For the purposes of calculating the pension under rule B1A of the 1992 Scheme and for the commutation under rule B7 (commutation – general provision) of that Scheme, pensionable service under this scheme is reckonable under rule F2 (current service) of that Scheme as 2015 pensionable service.

• (5) Where T had elected to pay periodical contributions for increased benefits under rule G6 (election to purchase increased benefits) of the 1992 Scheme, these continue to be payable as if T continued in pensionable service under the 1992 Scheme until T leaves pensionable service under the 2015 Scheme.

• (6) If after the transition date T returns to work following a period of maternity or adoption leave and is entitled to elect to pay pension contributions under rule G2A (optional pension contributions during maternity and adoption leave) of the 1992 Scheme in respect of that period, the election may only be made in respect of the period before the transition date.

• (7) Where this paragraph applies and T is entitled to an ordinary pension under rule B1 (ordinary pension) of the 1992 Scheme or a short service award under rule B2 (short service award) of that Scheme, T’s ordinary pension, or short service award, as the case may be, is calculated in accordance with Part 2A of Schedule 2 of the 1992 Scheme and Part 1 and Part 2 of Schedule 2 to that Scheme do not apply.

Deferred member of the 1992 Scheme

35

A transition member with accrued benefits in the 1992 Scheme to whom paragraph 34 does not apply is a deferred member of the 1992 Scheme.

Deferred member of the NFPS

36

• (1) A transition member with continuity of service (T), who is a connected member of the NFPS or a connected special member of the NFPS, does not become a deferred member of that Scheme unless T becomes a deferred member of this scheme in relation to the active member’s account to which the qualifying service for that connected member of the NFPS or connected special member of the NFPS was added.

• (2) If T opts out of this scheme in relation to a scheme employment, or leaves scheme employment before being entitled to a pension in relation to that pensionable service, and T has at least 3 months’ qualifying service—

• (a) T becomes a deferred member of the NFPS in relation to pensionable service under that scheme; and

• (b) any periodical payments for additional service under the NFPS cease to be payable.

• (3) If T re-enters pensionable service under this scheme after a gap in service not exceeding 5 years, T ceases to be a deferred member of the NFPS.

Scheme manager determines member of the NFPS is not entitled to an ill-health award

37

• (1) This paragraph applies if the authority has decided to obtain the written opinion of an IQMP concerning whether a member of the NFPS is permanently disabled, or able to undertake regular employment before making a determination as to whether a member is entitled to an ill-health award, and the determination has not been made before the member’s transition date.

• (2) If the authority subsequently determines that the member of the NFPS is not entitled to an ill-health award, the member joins this scheme on whichever is the latest of—

• (a) the member’s transition date;

• (b) if the member decides not to appeal, the expiry of 28 days from the date on which the member received the last of the documents which the authority is required to supply under rule 4 (appeals against decisions based on medical advice) of Part 8 of the NFPS;

• (c) if the member withdraws the appeal, the date of the withdrawal of the appeal; and

• (d) where the member’s appeal has been heard, the expiry of 28 days of the receipt of the report by the board of medical referees where no statement has been supplied by the authority to the Secretary of State, or where the board reconsiders its decision, the notice confirming the decision or the revised decision.

• (3) If the authority subsequently determines that the member of the NFPS is entitled to an ill- health award—

• (a) the member shall not join this scheme;

• (b) the member shall continue to be a member of the NFPS; and

• (c) the ill-health award shall be payable under rule 2 of Part 3 (award on ill-health retirement) of the NFPS.

Scheme manager determines member of the 1992 Scheme is not entitled to an ill-health award

38

• (1) This paragraph applies if the authority has decided to obtain the written opinion of an IQMP under rule H1 (determination by fire authority) of the 1992 Scheme concerning whether a member of that Scheme is permanently disabled, or able to undertake regular employment before making a determination as to whether a member is entitled to an ill-health award, and the determination has not been made before the member’s transition date.

• (2) If the authority subsequently determines that the member of the 1992 Scheme is not entitled to an ill-health award, the member joins this scheme on whichever is the latest of—

• (a) the member’s transition date;

• (b) if the member decides not to appeal, the expiry of 28 days from the date on which the member received the last of the documents which the authority is required to supply under rule H2 (appeal against opinion on a medical issue) of Part H of the 1992 Scheme;

• (c) if the member withdraws the appeal, the date of the withdrawal of the appeal; and

• (d) where the member’s appeal has been heard, the expiry of 28 days of the receipt of the report by the board of medical referees, or where the board reconsiders its decision, the notice confirming the decision or the revised decision.

• (3) If the authority subsequently determines that the member of the 1992 Scheme is entitled to an ill-health award—

• (a) the member shall not join this scheme;

• (b) the member shall continue to be a member of the 1992 Scheme; and

• (c) the ill-health award shall be payable under rule B3 (ill-health awards) of the 1992 Scheme.

Repayment of contributions under the NFPS

39

If a transition member with continuity of service (T) opts out of this scheme and T has less than 3 months’ qualifying service in the NFPS and this scheme—

• (a) T must be repaid pension contributions and special pension contributions and mandatory special period pension contributions paid under the NFPS; and

• (b) any further periodical payments for additional service to be paid under the NFPS cease to be payable.

Qualifying for retirement benefits under the NFPS

40

In determining whether a transition member with continuity of service qualifies for retirement benefits under the NFPS, the member’s qualifying service includes the total of—

• (a) the member’s qualifying service under the NFPS; and

• (b) the member’s qualifying service under this scheme.

Qualifying for retirement benefits under the 1992 Scheme

41

In determining whether a transition member with continuity of service qualifies for retirement benefits under the 1992 Scheme, the member’s qualifying service includes the total of—

• (a) the member’s qualifying service under the 1992 Scheme; and

• (b) the member’s qualifying service under this scheme.

Final salary link not to apply again to a pension in payment under the NFPS

42

Where any element of a pension under the NFPS which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 of Schedule 7 to the 2013 Act).

Final salary link not to apply again to a pension in payment under the 1992 Scheme

43

Where any element of a pension under the 1992 Scheme which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 (final salary link) to the 2013 Act in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 to Schedule 7 to the Act).

PART 3D — Transfer of final salary benefits

Meaning of “final salary benefit”

44

• (1) In this Part, “final salary benefit” means benefit accrued under a final salary scheme, subject to sub-paragraph (2).

• (2) Where only part of the pension entitlement payable under a final salary scheme to or in respect of person which is based on the pensionable service of that person is or may be determined by reference to the person’s final salary, “final salary benefit” means the benefit in respect of which the pension entitlement is so determined.

Acceptance of club transfer value payments

45

Any part of a club transfer value payment from another scheme that relates to a member’s final salary benefit must be paid into the NFPS.

Member of this scheme or the NFPS

46

• (1) This paragraph applies to a person who transfers final salary benefits into the NFPS.

• (2) Unless the person is a protected member of the NFPS the person’s service in relation to the final salary benefits which have been transferred into the NFPS is taken to be qualifying service for the purposes of this Scheme and, the person—

• (a) becomes a member of this scheme; and

• (b) is taken to be a transition member with continuity of service.

Editorial notes

[^key-c49792f3ae25820a2248b541c548c678]: Sch. 2 para. 10 in force at 1.4.2015, see reg. 1(2)

[^key-61653014eb00117f439bf44226544263]: Sch. 2 para. 3 in force at 1.4.2015, see reg. 1(2)

[^key-447abca3b76ee9ca45ad44c5632678f0]: Sch. 2 para. 9 in force at 1.4.2015, see reg. 1(2)

[^key-410e0a4e03fb98d63e21f230ed33643e]: Sch. 2 para. 15 in force at 1.4.2015, see reg. 1(2)

[^key-2e83c34cfbf55ffe20bb0fda12c63539]: Sch. 2 para. 18 in force at 1.4.2015, see reg. 1(2)

[^key-1e135eb294cc6019cbca43e295747cc6]: Sch. 2 para. 1 in force at 1.4.2015, see reg. 1(2)

[^key-b0feef9367ebf9ab0ec47f6cdb488cac]: Sch. 1 para. 5 in force at 1.4.2015, see reg. 1(2)

[^key-7b03d994284a9044f65d9eb3a33fa328]: Reg. 1 in force at 1.4.2015, see reg. 1(2)

[^key-2096411b02ce96885fa0456d1caa7496]: Reg. 3 in force at 1.4.2015, see reg. 1(2)

[^key-32b4c397e3dfccfc38e1ba4ff81859d3]: Reg. 18 in force at 1.4.2015, see reg. 1(2)

[^key-7375c65d7fdd33f740016db614a260c9]: Reg. 113 in force at 1.4.2015, see reg. 1(2)

[^key-e31c3810ebb3b780555a95effe5de0af]: Reg. 4 in force at 1.4.2015, see reg. 1(2)

[^key-46f3a60bf92b924c17031f3dbdb9f7ff]: Reg. 6 in force at 1.4.2015, see reg. 1(2)

[^key-27c374aaf99d6a7b63fca17bf5b2b603]: Reg. 51 in force at 1.4.2015, see reg. 1(2)

[^key-9eb482bc6130316d333b4386f7ce651c]: Reg. 59 in force at 1.4.2015, see reg. 1(2)

[^key-e433fd8313c6f80abf19777fffe4fb77]: Reg. 62 in force at 1.4.2015, see reg. 1(2)

[^key-bb1693e5f1fb1e95433c35eaf0327f61]: Reg. 65 in force at 1.4.2015, see reg. 1(2)

[^key-f9021e16820bdf97c322715aa7cc0ef4]: Reg. 66 in force at 1.4.2015, see reg. 1(2)

[^key-a5f814dfe5d42baf2089cb630be0b38e]: Reg. 69 in force at 1.4.2015, see reg. 1(2)

[^key-307837a2c5ce798ba7ad0eeed7e64d52]: Reg. 77 in force at 1.4.2015, see reg. 1(2)

[^key-ebcdc3b7f36d102f77d5e0d36adc93c4]: Reg. 78 in force at 1.4.2015, see reg. 1(2)

[^key-355ac2f46e88aaa8ea4093bf56b4fab9]: Reg. 86 in force at 1.4.2015, see reg. 1(2)

[^key-c8f569a84d6b7b6b67afaf235e83864e]: Reg. 93 in force at 1.4.2015, see reg. 1(2)

[^key-4fb0ccfaa3394a4a29cac88a56c7f04e]: Reg. 96 in force at 1.4.2015, see reg. 1(2)

[^key-ee20308876e885b96c3968eeb735025d]: Reg. 21 in force at 1.4.2015, see reg. 1(2)

[^key-bac1e65e53d892cb58d6457e59cc01f6]: Reg. 71 in force at 1.4.2015, see reg. 1(2)

[^key-48630d1cabc9cb14ca0e561142bce6f6]: Reg. 92 in force at 1.4.2015, see reg. 1(2)

[^key-bb0f13550e75b428b94072c62354fdfe]: Reg. 111 in force at 1.4.2015, see reg. 1(2)

[^key-791acab947e5921578916d0b4d6b3fad]: Reg. 119 in force at 1.4.2015, see reg. 1(2)

[^key-976be6416e0979c0f51e970450f4dfc7]: Reg. 128 in force at 1.4.2015, see reg. 1(2)

[^key-9c83de4caad666b174176cbbc178509f]: Reg. 154 in force at 1.4.2015, see reg. 1(2)