The Firefighters’ Pension Scheme (Wales) (Amendment)Order 2014

(16) (1) A person who is entitled to join this Scheme as a special firefighter member and is a standard member of this Scheme in respect of service which the person would otherwise be able to reckon as special pensionable service may apply in writing to the authority for a statement of the amount of service to be treated as accrued if the person converted the person’s special membership to standard membership of this Scheme. (2) Any application under paragraph (1) must be made at the same time as an application under rule 5A(5) (purchase of service during the limited period)of Part 11. (3) At the same time as the authority give the notice under rule 5A(13) of Part 11, the authority must provide a statement of the additional service to be treated as pensionable service if the person converted their special membership to standard membership. (4) For the purpose of calculating the pensionable service that a person would be treated as having accrued in this Scheme as a standard member on the conversion of the person’s accrued rights as a special firefighter member, the authority must apply the conversion factors set out in the tables in Annex 3 applying the factors to the age the person was on 6 April 2006. (5) Where the applicant elects in writing to convert special membership to standard membership, the election must be made at the same time as the election to purchase service during the limited period under paragraphs (1), (3) or (7) of rule 6A of Part 11 and may not be made at any other time. (6) An authority must not accept a person’s election to convert membership from special membership to standard membership if the aggregate of— (a) the pensionable service treated as accrued; and (b) the prospective pensionable service, on the assumption that the person continues to be a standard member of this Scheme until he or she reaches normal retirement age, would exceed 40 years by the time of his or her 60th birthday. (7) When the payments required by rule 6A(12) of Part 11 have been made— (a) the additional pensionable service notified by the authority under paragraph (3) must be added to the pensionable service as a standard member; (b) from the date the authority add that service, the member ceases to be a special firefighter member. (8) An election under paragraph (5) is made by giving written notice to the authority and takes effect on the day on which the notice is received by the authority. (17) (1) This rule applies— (a) to a person who is entitled to join this Scheme as a special firefighter member and who is a standard member of this Scheme; (b) in respect of pensionable service which the person would be entitled to treat as special pensionable service. (2) A person to whom this rule applies may apply to the authority for a statement of the amount of service which the person would be entitled to treat as special pensionable service if the person converted standard membership to special membership and the amount of the payments required by sub-paragraphs (b) and (c) of paragraph (5). (3) An application under paragraph (2) must be made in writing at the same time as an application under rule 5A(5) (purchase of service during the limited period) of Part 11. (4) At the same time as the authority give the notice under rule 5A(13) of Part 11, the authority must provide— (a) a statement of the amount of service to be treated as special pensionable service if the applicant were to elect to convert the applicant’s accrued rights as a standard member to the applicant’s special membership; (b) a statement of the amount of the payments required by paragraph (5). (5) Where the member elects to transfer the member’s accrued rights as a standard member of this Scheme to the member’s special membership— (a) the member may only make the election at the same time as the member makes an election to pay mandatory special period pension contributions under rule 6A of Part 11; (b) the member must pay an amount representing the difference between the pension contribution under rule 3(1) of Part 11 which the member has paid as a standard member and the pension contribution required to be paid as a special member under paragraph (1A) of that rule; (c) the member must pay interest on the amount payable under sub-paragraph (b) in accordance with paragraph (13); (d) the member must pay those amounts in the same manner in which the member chooses to pay mandatory special period pension contributions under rule 6A of Part 11. (6) When the payments required by paragraph (5) have been paid, and subject to paragraph (7), the member’s pensionable service as a standard member is converted to special pensionable service. (7) Where a member’s pensionable service includes a period (“the transferred-in period”) which the member is entitled to count as pensionable service in accordance with rules 10 and 11 of this Part, the transferred-in period is converted to special pensionable service in accordance with guidance and tables provided by the Scheme Actuary for the purposes of this paragraph. (8) Subject to paragraph (9), where rule 6A(3) (election to purchase service during the limited period) of Part 11 applies, and the member does not within the period specified in that paragraph pay a lump sum equivalent to the balance of the payment referred to in paragraph (5)(b), ascertained in accordance with tables provided by the Scheme Actuary, the period of service as a standard member converted to special pensionable service is treated as if it were the period ascertained in accordance with the formula— $$A×( B/C )$ where— A is the period of service as a standard member which the member elected to convert, B is the period of that service in respect of which the payment referred to in paragraph (5)(b) has been paid, and C is the period of that service in respect of which the payment referred to in paragraph (5)(b) would have been paid in accordance with the member’s election.$ (9) Where the special member dies before the payment referred to in paragraph (5)(b) has been made in full, it is treated as having been made in full and the period of service as a standard member which the member had elected to convert is treated as special pensionable service. (10) This paragraph applies where a special member’s pensionable service as a standard member has been converted to special pensionable service in accordance with this rule and— (a) where the member is required to make the payment referred to in paragraph (5)(b) by lump sum, the lump sum has not been paid within six months of the election under paragraph (5) or such longer period as the authority may notify in writing to the person; or (b) where the member is required to make the payment by periodic contribution, three or more consecutive periodic contributions have not been paid and the amount remains outstanding. (11) Where paragraph (10) applies in the circumstances referred to in paragraph (10)(a)— (a) the election to convert is treated as having been revoked; and (b) any contributions that the member has paid must be credited against the mandatory special period pension contributions payable by the member. (12) Where paragraph (10) applies in the circumstances referred to in paragraph (10)(b)— (a) the authority must require, by written notice, the member to pay the outstanding amount within a period of 28 days beginning with the date the notice is served on the member, and to resume the periodical contributions; (b) if payment of the outstanding amount is not made within that period, or if a subsequent periodic contribution is not made within 28 days of it being due, the election to convert is treated as revoked; and (c) any contributions that the member has paid must be credited against the mandatory special period pension contributions payable by the member. (13) Interest on the amount referred to in paragraph (5)(b) (“the relevant amount”) is calculated as follows— (a) for the purposes of this paragraph, it is assumed that the pension contributions due under rule 3(1A) of Part 11 (pension contributions) were payable at the same time as the contributions which the member paid under rule 3(1) of that Part; (b) interest starts to accrue on the relevant amount from the beginning of the period of pensionable service which is to be treated as special pensionable service in accordance with this rule and ceases to accrue on the calculation date; (c) where the relevant amount is to be paid by lump sum, interest is calculated by applying the past interest rate to that amount compounded monthly between the month each contribution under rule 3(1A) of Part 11 would have been made in accordance with sub-paragraph (a) until the calculation date; (d) where the relevant amount is to be paid by periodic contribution— (i) interest is calculated as for a lump sum payment under sub-paragraph (c); (ii) the amount of interest payable is then adjusted in accordance with tables provided by the Scheme Actuary so as to allow for interest at the future interest rate in relation to the period from the calculation date to the date that the contribution is paid, so as to discharge liability over a period of ten years; (e) for the purpose of this rule— - “calculation date” (“dyddiad cyfrifo”) means— in the case of a lump sum contribution, the date when the lump sum is paid; and in the case of payment of the relevant amount by periodic contribution, the date when the member joined this Scheme as a special member; - “future interest rate” (“cyfradd llog y dyfodol”) is a rate equivalent to 1.5% plus the FTSE Actuaries UK Gilt 10 years yield index less the average of the FTSE Actuaries UK Index-linked Gilt 5 to 15 years index with assumed inflation rates of 0% and 5%; - “past interest rate” (“cyfradd llog gynt”) is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period in question. (14) An election under paragraph (5) must be made by giving written notice to the authority and takes effect on the day on which the notice is received by the authority. (18) (1) This rule applies— (a) to a person who is entitled to be a special pensioner member and who is in receipt of an ordinary pension, a higher tier ill-health pension or a lower tier ill-health pension; (b) in respect of pensionable service which the person would be entitled to treat as special pensionable service. (2) A person to whom this rule applies may apply to the authority for a statement of the amount of pensionable service which the member would be entitled to treat as special pensionable service and the amount of the payments required by sub-paragraphs (b) and (c) of paragraph (5). (3) An application under paragraph (2) must be made in writing at the same time as an application under rule 5A(5) (purchase of service during the limited period) of Part 11. (4) At the same time as the authority give the notice under rule 5A(13) of Part 11, the authority must provide— (a) a statement of the amount of pensionable service which may be treated as special pensionable service; and (b) a statement of the amount of the payments required by paragraph (5). (5) Where the member elects to have pensionable service treated as special pensionable service— (a) the member may only make the election at the same time as the member makes an election to pay mandatory special period pension contributions under rule 6A of Part 11; (b) the member must pay an amount representing the difference between the pension contribution under rule 3(1) of Part 11 which the member has paid as a standard member and the pension contribution required to be paid as a special member under paragraph (1A) of that rule; (c) the member must pay interest on the amount payable under sub-paragraph (b) in accordance with paragraph (12); (d) the member must pay that amount by lump sum payment. (6) When the payment required by paragraph (5) has been paid, and subject to paragraph (7)— (a) the member’s pensionable service as a standard member must be treated as special pensionable service; (b) the member must continue to receive the member’s ordinary or ill-health pension in respect of the member’s pensionable service as a standard member; (c) the member must, in addition, receive the member’s special member’s ordinary pension or ill-health pension in respect of the member’s special pensionable service as a special member but the special member’s ordinary pension or ill-health pension in respect of the member’s special pensionable service is reduced in accordance with tables produced by the Scheme Actuary so that the total amount of pension that the member receives in accordance with sub-paragraph (b) and this sub-paragraph does not exceed the amount the member would have received as a special member if— (i) the member had not been an ordinary member of the Scheme; and (ii) all of the member’s service from the start of the mandatory special period to the date that the member’s special member’s ordinary pension or ill-health pension, as the case may be, becomes payable and which is eligible to be treated as special pensionable service, was treated as special pensionable service. (7) Where a member’s pensionable service includes a period (“the transferred-in period”) which the member is entitled to count as pensionable service in accordance with rules 10 and 11 of this Part, the transferred-in period is converted to special pensionable service in accordance with guidance and tables provided by the Scheme Actuary for the purposes of this paragraph. (8) Subject to paragraph (9), where rule 6A(5) or (9) (election to purchase service during the limited period) of Part 11 applies, and the member does not within the period specified in that paragraph pay a lump sum equivalent to the balance of the payment referred to in paragraph (5)(b), ascertained in accordance with tables provided by the Scheme Actuary, the period of service as a standard member converted to special pensionable service is treated as if it were the period ascertained in accordance with the formula— $$A×( B/C )$ where— A is the period of service as a standard member which the member elected to convert, B is the period of that service in respect of which the payment referred to in paragraph (5)(b) has been paid, and C is the period of that service in respect of which the payment referred to in paragraph (5)(b) would have been paid in accordance with the election.$ (9) Where the special member dies before the payment referred to in paragraph (5)(b) has been made in full, it must be treated as having been made in full and the period of service as a standard member which the member had elected to convert must be treated as special pensionable service. (10) This paragraph applies where— (a) a member’s pensionable service as a standard member has been converted to special pensionable service in accordance with this rule; and (b) the lump sum due in respect of the amount payable in accordance with paragraph (5)(b) has not been paid within six months of the election under paragraph (5) or such longer period as the authority may notify in writing to the person. (11) Where paragraph (10) applies— (a) the election to convert must be treated as having been revoked; and (b) any amount that the member has paid in respect of the amount due under paragraph (5)(b) must be credited against the mandatory special period pension contributions payable by the member. (12) Interest on the amount referred to in paragraph (5)(b) (“the relevant amount”) is calculated as follows— (a) for the purposes of this paragraph, it is assumed that the pension contributions due under rule 3(1A) of Part 11 (pension contributions) were payable at the same time as the contributions which the member paid under rule 3(1) of that Part; (b) interest starts to accrue on the relevant amount from the beginning of the period of pensionable service which is to be treated as special pensionable service in accordance with this rule and ceases to accrue on the calculation date; (c) where the relevant amount is to be paid by lump sum, interest is calculated by applying the past interest rate to that amount compounded monthly between the month each contribution under rule 3(1A) of Part 11 would have been made in accordance with sub-paragraph (a) until the calculation date; (d) where the relevant amount is to be paid by periodic contribution— (i) interest is calculated as for a lump sum payment under sub-paragraph (c); (ii) the amount of interest payable is then adjusted in accordance with tables provided by the Scheme Actuary so as to allow for interest at the future interest rate in relation to the period from the calculation date to the date that the contribution is paid, so as to discharge liability over a period of ten years; (e) for the purpose of this rule— - “calculation date” (“dyddiad cyfrifo”) means— in the case of a lump sum contribution, the date when the lump sum is paid; and in the case of payment of the relevant amount by periodic contribution, the date when the member joined this Scheme as a special member; - “future interest rate” (“cyfradd llog y dyfodol”) is a rate equivalent to 1.5% plus the FTSE Actuaries UK Gilt 10 years yield index less the average of the FTSE Actuaries UK Index-linked Gilt 5 to 15 years index with assumed inflation rates of 0% and 5%; - “past interest rate” (“cyfradd llog gynt”) is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period in question. (13) An election under paragraph (5) must be made by giving written notice to the authority and takes effect on the day on which the notice is received by the authority.

Amendment of Part 13 (firefighters’ pension fund)

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In Part 13 (Firefighters’ Pension Fund), in rule 2 (payments and transfers into Firefighters’ Pension Fund), after paragraph (10) insert—

(11) Where an authority exercises their discretion not to withdraw or abate the whole or any part of a pension under rule 3 (withdrawal of pension during service as a firefighter) of Part 9 (review, withdrawal and forfeiture of awards), the authority must in the financial year in which payment is not withdrawn or abated, transfer into the FPF an amount equal to the amount of pension paid during that financial year to that person which might have been abated or withdrawn.

Amendment of Part 14 (payment of awards)

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• (1) Part 14 is amended as follows.

• (2) In rule 1 (authorities responsible for payment of awards)—

• (a) in paragraph (1) for “An award” substitute “Subject to paragraph (3), an award”;

• (b) after paragraph (2) insert—

(3) An award payable to or in respect of a special member by reason of the member having been employed as a retained firefighter is payable by the authority by whom the member was employed, or, in the case of a special member whose contracts of employment as a retained firefighter are treated as one employment in accordance with rule 4(2) of this Part, the authority which last employed the member.

• (3) In rule 4 (pensions under more than one contract of employment)—

• (a) renumber the existing paragraph as “(1)”;

• (b) at the end insert—

(2) Where a person is, or is eligible to be, a special member of this Scheme in respect of more than one contract of employment (whether with the same or different authorities) the person may elect to treat those employments as one employment. (3) An election under paragraph (2) must be made by giving notice in writing to the authority which last employed the person at the same time as the application under rule 5A(5) of Part 11.

Annex ZA – commuted portion: special members

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Before Annex A1 insert—

Amendment of Annex A1 (pension contributions)

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• (1) Annex A1 is amended as follows.

• (2) For paragraph 5 substitute—

(5) Pensionable pay in the first column of the Table below does not include payments made to a firefighter member by the authority in respect of any benefits which are pensionable under rule 7B(1) of Part 3, but those payments must be included in the member’s pensionable pay for the purposes of the application of the rate specified in the second column.

Annex AB1 – pension contributions for special members

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After Annex A1, insert—

Annex AB1 (1) The rate of the pension contribution mentioned in rule 3(1A) of Part 11 is that specified in the Table below by reference to the amount of the pensionable pay of the special firefighter member in the first column of the Table and by reference to the appropriate period. (2) The amount of pensionable pay of a retained firefighter for the purpose of the first column of the Table is that firefighter’s reference pay. (3) The amount of pensionable pay of a part-time regular firefighter for the purpose of the first column of the Table is the amount of pensionable pay of a whole-time regular firefighter of equivalent role and length of service. (4) Where there has been a permanent material change to the terms and conditions of a firefighter member’s employment which affects the member’s pensionable pay, from the date of that change pensionable pay is calculated by reference to the revised amount. (5) In relation to any period before 1 July 2013, pensionable pay in the first column of the Table below does not include any payments made to a special firefighter member by the authority in respect of the member’s continual professional development, but those payments must be included in the member’s pensionable pay for the purposes of the application of the rate specified in the second or third column, as the case may be. (6) In relation to any period which commences on or after 1 July 2013, pensionable pay in the first column of the Table below does not include any payments made to a special firefighter member by the authority in respect of any benefits which are pensionable under rule 7B(1) of Part 3, but those payments must be included in the member’s pensionable pay for the purposes of the application of the rate specified in the second or third column, as the case may be.

Amendment of Annex 1 (ill health pensions)

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In Annex 1 after paragraph 3 insert—

(4) Where a special deferred member or a special pensioner member is entitled to a retrospective award on ill-health retirement, paragraph 2 applies with the substitution of “45” for “60”, “thirty” for “forty” and “special pensionable service” for “pensionable service”. (5) (1) Where the person entitled to a lower tier ill-health pension or a higher tier ill-health pension is a special member, who is not also a standard member, paragraphs 1 and 2 apply with the substitution of “forty-five” for “sixty”, “45” for “60”, “thirty” for “forty” and “special pensionable service” for “pensionable service”. (2) Where a person to whom sub-paragraph (1) of this paragraph applies is a retained firefighter, sub-paragraph (3) of paragraph 1 applies with the insertion after “actual annual pensionable pay” of “during the firefighter’s special pensionable service”. (6) In the case of a person who joined this Scheme as a special pensioner member or a special deferred member the person’s final pensionable pay is the amount determined by the authority and set out in the notice given under rule 5A(13) of Part 11.

Amendment of Annex 2 (appeals to board of medical referees)

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• (1) In Annex 2—

• (a) in sub-paragraph (3)(a) of paragraph 4, after “desirable” insert “so as to provide the board with sufficient information”;

• (b) after paragraph 8 insert—

(8A) (1) Where the parties have received a copy of the report supplied under paragraph 8 and the parties agree that the board has made an error of fact which materially affects the board’s decision, the authority must within 28 days of receipt of the report— (a) supply the Welsh Ministers with two copies of a statement agreed between the parties setting out— (i) the error of fact; (ii) the correct fact, and (b) invite the board to reconsider its decision. (2) The Welsh Ministers must within 14 days of receipt of the statement supply a copy of it to the board. (3) As soon as reasonably practicable after receiving the statement, the board must reconsider its decision. (4) Within 14 days of that reconsideration the board must— (a) give written notice to the Welsh Ministers that it has confirmed its decision, or revised its decision (as the case may be), and (b) if it has revised its decision, supply the Welsh Ministers with a written report of its revised decision. (5) The Welsh Ministers must supply to the appellant and the authority a copy of the written notice confirming the board’s decision, or a copy of the written report of the board’s revised decision (as the case may be).

• (c) for sub-paragraph (3) of paragraph 10 substitute—

(3) Where— (a) the appellant gives notice to the board— (i) withdrawing the appeal; (ii) requesting cancellation of, postponement of, or adjournment of the date appointed for an interview or medical examination under paragraph 6(2), and the notice is given less than 22 working days before the date appointed under paragraph 6(2), or (b) the appellant’s acts or omissions cause the board to cancel, postpone or otherwise adjourn the date appointed under paragraph 6(2) less than 22 working days before the date so appointed, the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.

Annex 3 – converting membership from special membership to standard membership

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After Annex 2 insert the following—

Annex 3

Signed

Leighton Andrews — Minister for Public Services, one of the Welsh Ministers — 8 December 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007. The amendments—

• make minor corrections to the New Firefighters’ Pension Scheme (Wales) (“the Scheme”) set out in that Schedule;

• amend the Scheme to provide those persons who were employed in Wales as retained firefighters during the period from 1 July 2000 to 5 April 2006 inclusive with access to a pension scheme for that period;

• introduce new provisions.

Except as mentioned below the Order has effect from 1 April 2014. Power to give the Order retrospective effect is conferred by section 34 of the Fire and Rescue Services Act 2004.

The amendments made by paragraphs 3(5), 7(3) and 9(8)(a) of the Schedule are to make minor changes to the Scheme and have retrospective effect from 1 July 2013.

A minor change made by paragraph 2(2) is to ensure that those who took up employment as a firefighter before 6 April 2006 and were either not eligible to be a member of the Firefighters’ Pension Scheme 1992 or made an election not to pay pension contributions required by that scheme, are treated as a firefighter member of the Scheme when automatically enrolled into that Scheme. This amendment has retrospective effect from 31 December 2012.

Part 2 of the Scheme (membership, cessation and retirement) is amended to enable eligible retained firefighters to join the Scheme from the date their service began or from 1 July 2000 if later. The normal retirement age and normal benefit age of special members differ from those for ordinary members (paragraph 2 of the Schedule to the Order).

Part 3 of the Scheme (personal awards) is amended (paragraph 3). First, a new rule 1A is inserted in setting out the conditions for a special member to receive a special member’s ordinary pension; and new rule 2A sets out the conditions for receipt of a retrospective award on ill-health retirement. Other rules in Part 3 are amended so as to apply to special members.

Secondly, a correction is made so that it is clear which pensionable service can count for the additional pension benefit: long service increment in rule 7A (paragraph 3(10)(a)). The amendment only includes service with a Welsh Fire and Rescue Authority and has retrospective effect from 1 July 2013.

Thirdly, a new rule 7B is inserted (paragraph 3(11)) which extends additional pension benefit so that it covers—

• payments to reward additional skills and responsibilities outside the requirements of the firefighter member’s duties under the contract of employment but which are within the wider functions of the job;

• any additional pay received whilst on temporary promotion or whilst temporarily carrying out the duties of a higher role;

• any non-consolidated performance related payment.

Any payments in respect of a firefighter member’s continuing professional development continue to be covered by additional pension benefit.

The amendments made by paragraph 3(10)(b), (c) and (d) and paragraph 3(11) in relation to paragraphs (3) and (4) of the new rule 7B amend the method of uprating additional pension benefit for the long service increment (rule 7A of Part 3) and continuing professional development (rule 7B) from a specific index, retail price index, to an index in accordance with the Pensions (Increase) Act 1971. There is a specific provision to provide that the consumer price index is used for the tax year 2010/2011. These amendments have effect from 11 April 2011 but otherwise the amendments relating to the new rule 7B have retrospective effect from 1 July 2013.

Part 4 of the Scheme (survivors’ pensions) is amended so as to apply to special members (paragraph 4).

Part 5 of the Scheme (awards on death) is adapted for special members and a new rule 1A is inserted providing for death grant for the limited period (paragraph 5).

Parts 6 of the Scheme (pension sharing on divorce), 8 (determination of questions and appeals), 9 (review, withdrawal and forfeiture of awards) and 10 (qualifying service and pensionable service) are amended in respect of special members. A new rule 2A is inserted in Part 10 which sets out the periods of service which may be accrued as special pensionable service by special members on payment of the mandatory special period pension contributions or the special pension contributions (paragraphs 6, 7, 8 and 9).

Part 11 of the Scheme (pensionable pay, pension contributions and purchase of additional service) is amended. The definition of pensionable pay is amended to include payments which are pensionable under additional pension benefit (new rule 7B) and provides that payments which are not within the definition of pensionable pay in rule 1(1)(a) as amended, or additional pension benefits payable for long service or in respect of a firefighter’s continual professional development, should remain pensionable whilst the firefighter continues to receive them (paragraph 10(2)). The payments treated as final pensionable pay are amended to exclude additional pension benefit payments payable within rule 7B of Part 3 (paragraph 10(3)(a)). These amendments have retrospective effect from 1 July 2013.

In respect of special members a new rule 5A is inserted in Part 11 which provides for the purchase of service during the limited period and new rules 6A and 6B are inserted which set out the periods of payment for different types of special member (paragraph 10(3)(b) et seq).

Part 12 of the Scheme (transfers into and out of the Scheme) is amended in respect of special members. In particular, a new chapter 3A and rule 11A are inserted which permit a deferred member of the Firefighters’ Pension Scheme 1992 who joins this Scheme as a special firefighter member to request a transfer value payment to be made in certain circumstances to the member’s special membership of this Scheme. A new chapter 6 and rule 16 are inserted allowing conversion of membership from special membership to standard membership and from standard membership to special membership. A new rule 17 is inserted which enables a standard member of this Scheme in respect of service which they would otherwise be able to reckon as special pensionable service, who joins this Scheme as a special firefighter member, to convert their standard membership of this Scheme to their special membership on payment of the additional pension contribution (paragraph 11).

Part 13 of the Scheme is amended to require a fire and rescue authority to transfer into the Firefighters’ Pension Fund an amount equal to the amount of pension paid to a person in respect of whom the authority choose not to exercise its discretion to withdraw or abate the permitted part of that individual’s pension under rule 3 (withdrawal of pension during service as a firefighter) of Part 9 (review, withdrawal and forfeiture of awards) (paragraph 12). These amendments have retrospective effect from 1 July 2013.

A new Annex ZA is inserted which provides for the calculation of the commuted portion of pensions by special members (paragraph 14). A new Annex AB1 is inserted which provides for the calculation of pension contributions for special members (paragraph 16). Annex 1 is also amended in relation to special members (paragraph 17).

Amendments made to Annex 2 (appeals to board of medical referees) enable—

• the board to reconsider its decision where the parties agree that it has made a material error of fact;

• the authority to recover some or all of the expenses of the board where the appellant has withdrawn the appeal or requested the date for an interview or examination to be cancelled or postponed less than 22 working days before the date appointed (paragraph 18).

These amendments have retrospective effect from 1 July 2013.

The Welsh Ministers’ Regulatory Impact Assessment Code for Subordinate Legislation has been considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of this Order.

A copy of the assessment can be obtained from the Fire Branch, Department for Local Government and Communities, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ (telephone 0300 0628219).

Footnotes

[^f00001]: 2004 c. 21. Powers under sections 34 and 60 of the Fire and Rescue Services Act 2004 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by section 62 of the Fire and Rescue Services Act 2004. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

[^f00002]: S.I. 2007/1072 (W. 110) as amended by S.I. 2009/1225 (W. 108), 2010/234, 2012/972 (W. 127), 2013/735 (W. 87), 2013/1577 (W. 145) and 2014/523 (W. 64) .

[^f00003]: 2004 c. 12.

[^f00004]: See rule 6B(10) of Part 11 for date when an election takes effect.