The Firefighters’ Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015

• (i) in paragraph (1) for “Subject to paragraphs (2) and (3)” substitute “Subject to paragraphs (1A), (2) and (3)”;

• (ii) after paragraph (1) insert—

(1A) Where additional pension benefit under rule B5B or B5C is payable to a person, who is entitled to a continuous service pension under rule B1A, it is payable from normal pension age or at the age ascertained in accordance with paragraph (3)(i) of rule B1A if that is earlier.

• (iii) after paragraph (2) insert—

(2A) Where a person to whom paragraph (6) of rule A3 applies is not entitled to a continuous service pension under rule B1A or to an ill-health award under regulation 74 of the 2015 Regulations, paragraph (2) of this rule applies to that person as if that person were a firefighter who had resigned or been dismissed or made an election under rule G3.

• (iv) after paragraph (3) insert—

(3A) Where the firefighter is entitled to an ill-health award under regulation 74 of the 2015 Regulations, additional pension benefit is payable under this Scheme at the same time as the equivalent amount to the 1992 Scheme lower tier ill-health pension is payable.

• (j) in rule B7 (commutation – general provision)—

• (i) after paragraph (1) insert—

(1A) This rule also applies to a pension under rule B1A and to the equivalent amount to the 1992 Scheme lower tier ill-health pension where that amount is included in the annual rate of a retirement pension for a person under regulation 68(2)(ba) (annual rate of retirement pension (active members)) of the 2015 Regulations.

• (ii) in paragraph (2) for “Subject to paragraph (2A)” substitute “Subject to paragraphs (2A) and (2B)” and after paragraph (2A) insert—

(2B) Where a person is entitled to a continued pension under rule B2A, that person may not commute a portion of that pension under this rule.

• (iii) in paragraph (5) for “Subject to paragraph (5A)” substitute “Subject to paragraphs (5A) and (5B)” and after paragraph (5A) insert—

(5B) In the case of a person who is entitled to a pension under rule B1A or to the equivalent amount to the 1992 Scheme lower tier ill-health pension where the annual rate of a retirement pension under regulation 68(2)(ba) of the 2015 Regulations includes that amount, the reference to “pensionable service” in sub-paragraph (a) of paragraph (5) includes “2015 pensionable service”.

• (k) in rule B9 (allocation), after sub-paragraph (1) insert—

(1A) This rule applies to a pension under rule B1A.

3

In Part C (awards on death – spouses) in rule C1 (spouse’s ordinary pension), in paragraph (1) for “This rule applies” substitute “Subject to paragraph (1A), this rule applies” and after paragraph (1) insert—

(1A) This rule does not apply to a person who dies leaving a spouse or civil partner while serving as a regular firefighter if paragraph (6) of rule A3 applied to that person.

4

In Part D (awards on death – children) in rule D1 (child’s ordinary allowance), in paragraph (1) for “This rule applies” substitute “Subject to paragraph (1A) this rule applies” and after paragraph (1) insert—

(1A) This rule does not apply to a person who dies leaving a child while serving as a regular firefighter if paragraph (6) of rule A3 applied to that person.

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In Part E (awards on death – additional provisions)—

• (a) in paragraph (1) of rule E1 (lump sum death grant) for “On the death of” substitute “Subject to paragraph (1A), on the death of” and after that paragraph insert—

(1A) This rule does not apply to a person who dies while serving as a regular firefighter if paragraph (6) of rule A3 applied to that person.

• (b) in paragraph (1) of rule E3 (dependent relative’s gratuity) for “This rule applies” substitute “Subject to paragraph (1A), this rule applies” and after that paragraph insert—

(1A) This rule does not apply to a person who dies while serving as a regular firefighter if paragraph (6) of rule A3 applied to that person.

• (c) in paragraph (1) of rule E4 (payment of balance of contributions to estate) for “This rule applies” substitute “Subject to paragraph (1A), this rule applies” and after that paragraph insert—

(1A) This rule does not apply to a person who dies while serving as a regular firefighter if paragraph (6) of rule A3 applied to that person.

• (d) in paragraph (1) of rule E8A (bereavement pension: children) for “This rule applies” substitute “Subject to paragraph (1A), this rule applies” and after that paragraph insert—

(1A) This rule does not apply where the deceased died while serving as a regular firefighter if paragraph (6) of rule A3 had applied to the deceased.

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In Part F (pensionable service and transfer values)—

• (a) in rule F2 (current service)—

• (i) in paragraph (2), after sub-paragraph (a) insert—

(ab) any period of service as a regular firefighter beginning with the day on which paragraph (6) of rule A3 applies to that person, or

• (ii) after paragraph (7) insert—

(8) A person to whom paragraph (7) of rule A3 applies is entitled to reckon as 2015 pensionable service any continuous pensionable service in relation to the active member’s account in the 2015 Scheme to which pensionable service in this Scheme was added for the purpose of regulation 66 (qualifying service) of the 2015 Regulations for the period whilst paragraph (7) of rule A3 continues to apply.

• (b) in rule F9 (payment of transfer values)—

• (i) in paragraph (1) for “Subject to paragraphs (2) to (8A)” substitute “Subject to paragraphs (1A) to (8A)”;

• (ii) after paragraph (1) insert—

(1A) A transfer value may not be paid if— (a) paragraph (6) of rule A3 applies to the person, and (b) paragraph 1(1) of Schedule 7 to the 2013 Act applies to that person by virtue of the person’s pensionable service in the 2015 Scheme so that person’s final salary falls to be determined by reference to paragraph 1(2) of that Schedule. (1B) A transfer value may not be paid if paragraph (7) of rule A3 applies to the person and that person is receiving payment of the equivalent amount to the 1992 Scheme lower tier ill-health pension from the 2015 Scheme under the 2015 Regulations.

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In Part G (pensionable pay and contributions)—

• (a) in rule G1 (pensionable pay and average pensionable pay)—

• (i) in paragraph (1) for “Subject to paragraphs (2) and (9)” substitute “Subject to paragraphs (2), (9) and (10)”;

• (ii) after paragraph (9) insert—

(10) Where paragraph (6) of rule A3 (exclusive application to regular firefighters) applies to a regular firefighter and paragraph 1 of Schedule 7 (final salary link) to the 2013 Act applies to that person, paragraph (1) of this rule does not apply and the average pensionable pay is determined in accordance with Schedule 7 so that the member’s pensionable pay under the 2015 Regulations, as modified by paragraph 34 of Schedule 2 to those Regulations, derived from service in the 2015 Scheme is to be regarded as derived from service in this Scheme. (11) Where paragraph (10) and paragraph 34(4) of Schedule 2 to the 2015 Regulations apply to a member of this Scheme, the pensionable pay to be regarded as derived from service in this Scheme is the pensionable pay derived from service in the 2015 Scheme under the 2015 Regulations as modified by paragraph 34 of Schedule 2 to those Regulations for the last year of pensionable service before the reduction in pensionable pay. (12) Where the pensionable pay under the 2015 Regulations is the pensionable pay of the person employed as a retained firefighter or as a volunteer firefighter for the purposes of paragraphs (10) and (11), the pensionable pay under the 2015 Regulations is that of a wholetime regular firefighter employed in a similar role and with equivalent qualifying service. (13) Where paragraph 34(3) of Schedule 2 to the 2015 Regulations applies to a person to whom paragraph (6) of rule A3 applies, average pensionable pay is determined in accordance with paragraph (3) of this rule and paragraph (10) does not apply in the case of that person. (14) Subject to paragraph (13), where paragraph (10) applies— (a) in sub-paragraph (a) of paragraph (4) “the date of the person’s last day of service as a regular firefighter” is to be read as “the date of the person’s last day of service in scheme employment in the 2015 Scheme”; (b) in sub-paragraph (b) of paragraph (4) “in a period during which contributions were payable under rule G2” is to be read as “in a period during which member contributions were payable under regulation 119 of the 2015 Regulations”; and (c) in sub-paragraph (e) of paragraph (6), where any unpaid period of additional maternity leave or adoption leave is within a period for which the pensionable pay derived from 2015 Scheme service is treated as pensionable pay derived from this Scheme, “contributions have been paid under rule G2A” is to be read as “contributions have been paid under regulation 122 of the 2015 Regulations”. (15) In a case where paragraphs (1) and (11) apply, in sub-paragraph (a) of paragraph (4) “the date of the person’s last day of service as a regular firefighter” is to be read as “the date of the person’s last day of service in scheme employment in the 2015 Scheme before the reduction of pensionable pay”.

• (b) in rule G2A (optional pension contributions during maternity and adoption leave), after paragraph (3) insert—

(3A) Where the regular firefighter returns to work, or ceases to be employed, after the date on which paragraph (6) of rule A3 applies to that person, the election under paragraph (3) may only be made in respect of the period before paragraph (6) applied to that person.

• (c) in rule G7 (payment of periodical contributions for increased benefits), after paragraph (3) insert—

(4A) In the case of a person to whom paragraph (7) of rule A3 applies— (a) periodical payments continue to be payable whilst paragraph (7) applies; (b) where the person is entitled to the payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension under regulation 74 of the 2015 Regulations and following review of that award under regulation 77 of those Regulations, accepts the offer of employment, the contributions again become payable.

• (d) in rule G8 (effect of payment for increased benefits), in sub-paragraph (a) of paragraph (1), after “pension under rule” insert “B1A” and after “B5(” insert “continued”.

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In Part I (glossary of expressions) of Schedule 1 (interpretation), in the appropriate places insert—

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In Schedule 2—

• (a) after Part 2 insert—

(1) Subject to Parts 6A and 8 of this Schedule, the amount of a continuous service pension of a member of this Scheme to whom paragraph (7) of rule A3 applies, or has applied, is— $$A/60×B/C×APP$ Where— APP is person’s average pensionable pay, B is the period in years of the person’s pensionable service until the day before the person’s transition date, C is the period in years of the person’s pensionable service and of the person’s 2015 Scheme pensionable service (subject to a maximum of pensionable service of 40 years), A is the sum of E + (F x 2) and must not exceed 40 years Where— E is the period in years of the person’s pensionable service and of the person’s 2015 pensionable service up to 20 years, F is the period in years by which the person’s pensionable service and the person’s 2015 pensionable service exceeds 20 years.$

• (b) in Part 6A—

• (i) in paragraph 1, after sub-paragraph (b) insert—

(ba) continuous service pension under Part 2A,

• (ii) after paragraph 2 insert—

(3) Where the award listed in paragraph 1 is a continuous service pension, the reference to “pensionable service” in paragraphs 1 and 2 includes 2015 pensionable service.

Signed

Leighton Andrews — Minister for Public Services, one of the Welsh Ministers — 31 March 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make transitional provisions for a member of the Firefighters’ Pension Scheme 1992 (“the 1992 Scheme”) and a member of the New Firefighters’ Pension Scheme (Wales) 2007 (NFPS) who are no longer able to remain active members of those Schemes following the transitional provisions in Schedule 2 to the Firefighters’ Pension Scheme (Wales) Regulations 2015 (“the 2015 Regulations”).

The amendments to Schedule 2 to the 2015 Regulations provide for the ill-health benefits and survivorship benefits in relation to an active member of the Firefighters’ Pension Scheme (Wales) 2015 who is treated as an “active member” of the 1992 Scheme and the NFPS for this purpose. The amendments provide when a member of these Schemes is treated as “active” and when treated as a deferred member. Consequential amendments are made for these purposes to the NFPS and the 1992 Scheme.

The amendments to the Schedule also make consequential amendments in connection with Schedule 7 (final salary link) to the Public Service Pensions Act 2013. Further amendments are made in connection with this to the definitions of “pensionable pay” and “final pensionable pay” in the NFPS and to the definitions of “pensionable pay” and “average pensionable pay” in the 1992 Scheme.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Fire and Armed Forces Branch, Welsh Government, Rhydycar, Merthyr Tydfil, CF48 1UZ or 0300 062 8221.

Footnotes

Editorial notes