The Firefighters’ Pension Scheme (Wales) Regulations 2015

Made: 9 March 2015

Laid before the National Assembly for Walest: 10 March 2015

Coming into force: 1 April 2015

In accordance with section 21 of that Act, the Welsh Ministers have consulted the representatives of such persons as appear to the Welsh Ministers likely to be affected by these Regulations.

PART 1 — Preliminary

Title and commencement

1

• (1) The title of these Regulations is the Firefighters’ Pension Scheme (Wales) Regulations 2015.

• (2) These Regulations come into force on 1 April 2015.

Establishment of Firefighters’ Pension Scheme (Wales) 2015

2

• (1) These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of fire and rescue workers[^f00006] who are firefighters in Wales.

• (2) This scheme is to be known as the Firefighters’ Pension Scheme (Wales) 2015.

Interpretation

3

In these Regulations, unless the context otherwise requires—

• “1992 Scheme” (“Cynllun 1992”) means the Firefighters’ Pension Scheme 1992 as set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992[^f00007] as it has effect in Wales;

• “2013 Act” (“Deddf 2013”) means the Public Service Pensions Act 2013;

• “FA 2004” (“DC 2004”) means the Finance Act 2004[^f00008];

• “NFPS” (“CPNDT”) means the New Firefighters’ Pension Scheme (Wales) as set out in Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007[^f00009];

• “PIA 1971” (“DPC 1971”) means the Pensions (Increase) Act 1971[^f00010];

• “PSA 1993” (“DCauP 1993”) means the Pension Schemes Act 1993[^f00011];

• “WRPA 1999” (“DDLlPh 1999”) means the Welfare Reform and Pensions Act 1999[^f00012];

• “accrued added pension” (“pensiwn ychwanegol cronedig”) has the meaning given in regulation 32(4) (calculation of amount of accrued pension for purpose of deferment or retirement);

• “accrued earned pension” (“pensiwn enilledig cronedig”) has the meaning given in regulation 32(3) (calculation of amount of accrued pension for purpose of deferment or retirement);

• “active member” (“aelod actif”) has the meaning given in regulation 28 (active membership);

• “active member’s account” (“cyfrif aelod actif”) means the account established under regulation 40 (establishment of active member’s account);

• “actuarial guidance” (“canllawiau actiwaraidd”) means actuarial guidance issued by the Welsh Ministers after consultation with the scheme actuary;

• “added pension election” (“dewisiad pensiwn ychwanegol”) means the election to make added pension payments;

• “added pension payments” (“taliadau pensiwn ychwanegol”) means periodical payments or a lump sum payment for added pension made to this scheme;

• “additional adoption leave” (“absenoldeb mabwysiadu ychwanegol”) means leave under section 75B of the Employment Rights Act 1996[^f00013];

• “additional maternity leave” (“absenoldeb mamolaeth ychwanegol”) means leave under section 73 of the Employment Rights Act 1996[^f00014];

• “additional paternity leave” (“absenoldeb tadolaeth ychwanegol”) means leave under the Additional Paternity Leave Regulations 2010[^f00015];

• “adjusted lower tier ill-health pension” (“pensiwn addasedig afiechyd haen isaf”) has the meaning given in regulation 75(4) (annual rate of ill-health awards);

• “age addition” (“ychwanegiad oedran”) has the meaning given in regulation 35 (determination of “the age addition”);

• “allocation amount” (“swm y dyraniad”) means the amount of the pension allocated as a result of making an allocation election;

• “allocation election” (“dewisiad i ddyrannu”) means an election under regulation 81 (allocation election);

• “amount of accrued added pension” (“swm y pensiwn ychwanegol cronedig”) has the meaning given in regulation 32(4) (calculation of amount of accrued pension for purpose of deferment or retirement);

• “amount of accrued earned pension” (“swm y pensiwn enilledig cronedig”) has the meaning given in regulation 32(3) (calculation of amount of accrued pension for purpose of deferment or retirement);

• “amount of added pension” (“swm y pensiwn ychwanegol”) means the amounts credited to the added pension account under paragraphs 11 or 14 of Schedule 1;

• “annual allowance” (“lwfans blynyddol”) has the meaning given in section 228 (annual allowance) of FA 2004[^f00016];

• “annual allowance charge” (“tâl lwfans blynyddol”) has the meaning given in section 227 (annual allowance charge) of FA 2004[^f00017];

• “assumed age addition” (“ychwanegiad oedran tybiedig”) has the meaning given in regulation 36 (determination of “the assumed age addition”);

• “assumed pensionable pay” (“tâl pensiynadwy tybiedig”) has the meaning given in regulation 27 (meaning of “assumed pensionable pay”);

• “authority” (“awdurdod”) means a fire and rescue authority for an area in Wales determined in accordance with section 1 of the Fire and Rescue Services Act 2004[^f00018];

• “award” (“dyfarniad”) means an award of a benefit under these Regulations;

• “beginning date” (“dyddiad cychwyn”), in relation to a pension not attributable (directly or indirectly) to a pension credit, means the date on which the pension is deemed to begin for the purpose of section 8(2) (meaning of “pension” and other supplementary provisions) of PIA 1971[^f00019];

• “child-related leave” (“absenoldeb cysylltiedig â phlentyn”) means—ordinary adoption leave,ordinary maternity leave,additional maternity or adoption leave,paternity leave,additional paternity leave, ...a period of parental leave , or parental bereavement leave;

• “closing date” (“dyddiad cau”), in relation to a transition member, has the meaning given in paragraph 1 of Schedule 2 (transitional provisions);

• “club scheme” (“cynllun clwb”) means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive club transfer value payments under the club transfer arrangements;

• “club transfer” (“trosglwyddiad clwb”) means a transfer to or from this scheme under the club transfer arrangements;

• “club transfer arrangements” (“trefniadau trosglwyddiadau clwb”) means arrangements approved by the Welsh Ministers as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving club transfer value payments;

• “club transfer earned pension” (“pensiwn enilledig trosglwyddiad clwb”) means pension attributable to the receipt of a club transfer value payment;

• “club transfer value” (“gwerth trosglwyddiad clwb”) has the meaning given in regulation 141 (interpretation in relation to Part 10);

• “club transfer value payment” (“taliad gwerth trosglwyddiad clwb”) means payment of a club transfer value;

• “cohabiting partner” (“partner sy’n cyd-fyw”) has the meaning given in regulation 85 (meaning of “surviving partner”);

• “the commutation amount” (“swm y cymudiad”), in relation to a pension, means the amount of the pension exchanged for a lump sum as a result of the exercise of the commutation option;

• “commutation option” (“opsiwn cymudo”) means the option to exchange part of a pension for a lump sum—exercisable under regulation 80 (option to commute part of pension) in relation to a retirement pension, orexercisable under regulation 118 (commutation of part of pension) in relation to a pension credit member’s pension;

• “connected member of the NFPS” (“aelod cysylltiedig o CPNDT”) has the meaning given in rule 1C of Part 2 of the NFPS;

• “connected scheme” (“cynllun cysylltiedig”) means another statutory pension scheme that is connected, within the meaning of section 4(6) of the 2013 Act, with this scheme;

• “connected special member of the NFPS” (“aelod arbennig cysylltiedig o CPNDT”) has the meaning given in rule 1D of Part 2 of the NFPS;

• “continuity of service” (“parhad gwasanaeth”), in relation to a transition member, has the meaning given in paragraph 2 of Schedule 2;

• “continued pension” (“pensiwn parhaus”) means—in relation to a member of the NFPS, the entitlement to a pension under rule 1B of Part 3 of the NFPS,in relation to a member of the 1992 Scheme, the entitlement to a pension under rule B2A of the 1992 Scheme;

• “continuous period of pensionable service” (“cyfnod di-dor o wasanaeth pensiynadwy”), in relation to this scheme, means a period of pensionable service under this scheme disregarding any gap in pensionable service not exceeding five years unless otherwise provided;

• “death benefits” (“buddion marwolaeth”) means any of the following—a surviving partner’s pension,an eligible child’s pension, ora lump sum death benefit;

• “deferred member” (“aelod gohiriedig”) has the meaning given in regulation 29 (deferred membership);

• “deferred member’s account” (“cyfrif aelod gohiriedig”) has the meaning given in regulation 53 (establishment of deferred member’s account);

• “deferred member of the 1992 Scheme” (“aelod gohiriedig o Gynllun 1992”) means a person who is entitled to a deferred pension under rule B5 of the 1992 Scheme;

• “deferred member of the NFPS” (“aelod gohiriedig o CPNDT”) has the meaning given in rule 2(1) of Part 1 of the NFPS;

• “deferred pension age” (“oedran pensiwn gohiriedig”) is the same as a person’s state pension age, or 65 if that is higher;

• “early payment reduction” (“gostyngiad talu’n gynnar”) has the meaning given in regulation 70 (early payment reduction);

• “earned pension” (“pensiwn enilledig”) means earned pension payable without actuarial reduction at normal pension age;

• “eligible child” (“plentyn cymwys”) has the meaning given in regulation 94 (meaning of “eligible child”);

• “eligible child’s pension” (“pensiwn plentyn cymwys”) has the meaning given in regulation 93 (eligible child’s pension);

• “eligible person” (“person cymwys”) has the meaning given in regulation 16 (eligible persons);

• “equivalent amount to the 1992 Scheme lower tier ill-health pension” (“swm cyfwerth â’r pensiwn afiechyd haen isaf Cynllun 1992”) has the meaning given in regulation 74(5) (entitlement to lower tier ill-health pension and higher tier ill-health pension);

• “equivalent amount to the NFPS lower tier ill-health pension” (“swm cyfwerth â’r pensiwn afiechyd haen isaf CPNDT”) has the meaning given in regulation 74(5)(a) (entitlement to lower tier ill-health pension and to higher tier ill-health pension);

• “financial year” (“blwyddyn ariannol”) means a period of one year beginning with 1 April and ending with 31 March;

• “Firefighters’ Pensions Scheme Advisory Board for Wales” (“Bwrdd Cynghori Cynllun Pensiwn y Diffoddwyr Tân ar gyfer Cymru”) means a board established under regulation 10 (scheme advisory board: establishment);

• “GMP age” (“oedran LlPG”) means 65 in the case of a man or 60 in the case of a woman;

• “guaranteed minimum” (“lleiafswm gwarantedig”) means the guaranteed minimum as defined in sections 14[^f00020] (earner’s guaranteed minimum) and 17[^f00021] (minimum pensions for widows and widowers) of PSA 1993—as increased in accordance with the requirements of section 109[^f00022] of that Act (annual increase of guaranteed minimum pensions), andif a reduction has been made under section 15A[^f00023] of that Act (reduction of guaranteed minimum in consequence of pension debit), as reduced in accordance with that section;

• “higher tier ill-health pension” (“pensiwn afiechyd haen uchaf”) means a higher tier ill-health pension payable under regulation 74(2) (entitlement to lower tier ill-health pension and higher tier ill-health pension);

• “ill-health award” (“dyfarniad afiechyd”) means—a lower tier ill-health pension, anda higher tier ill-health pension where this has also been awarded;

• “index adjustment” (“addasiad mynegai”) means—in relation to the opening balance of earned pension for any scheme year, the change in earnings and the index supplement for the previous scheme year[^f00024], andin relation to the opening balance of club transfer earned pension for any scheme year, the in-service revaluation index that the sending scheme would have applied to the transferred pension for that scheme year, had it not been transferred;

• “index supplement” (“atodiad mynegai”) means an amount of earned pension equal to the value of the index adjustment where the change in earnings is increased—for 2021, by 0.2% above the amount specified in the Public Service Pensions Revaluation Order 2021;for 2022, by 0.4% above the amount specified in the Public Service Pensions Revaluation Order 2022;

• “initial period” (“cyfnod dechreuol”) has the meaning given in regulation 86 (meaning of “initial period”);

• “in-service revaluation index” (“mynegai ailbrisio mewn-gwasanaeth”), in relation to a pension scheme, means the percentage increase or decrease by which the pensionable earnings of a person, or a proportion of those earnings accrued as a pension, are revalued whilst the person is in pensionable service in that pension scheme and, in this scheme, includes the index supplement;

• “IQMP” (“YMCA”) means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given in section 55(1) of the Medical Act 1983[^f00025];

• “last active scheme year” (“blwyddyn gynllun actif olaf”) means the scheme year in which an active member of this scheme ceases to be in pensionable service under this scheme;

• “last day of pensionable service” (“diwrnod olaf o wasanaeth pensiynadwy”) means the last day of a continuous period of pensionable service under this scheme;

• “leaving year” (“blwyddyn ymadael”) means the scheme year in which the relevant last day falls;

• “local pension board” (“bwrdd pensiynau lleol”) means a board established under regulation 5 (local pension boards: establishment);

• “lower tier ill-health pension” (“pensiwn afiechyd haen isaf”) means a lower tier ill-health pension payable under regulation 74(1) (entitlement to lower tier ill-health pension and higher tier ill-health pension);

• “member” (“aelod”), in relation to this scheme, means an active member, deferred member, or pensioner member of this scheme;

• “member contributions” (“cyfraniadau aelodau”) has the meaning given in regulation 119(8) (member contributions);

• “normal pension age” (“oedran pensiwn arferol”), in relation to this scheme, means 60 as required by section 10(2) of the 2013 Act;

• “occupational pension scheme” (“cynllun pensiwn galwedigaethol”) has the meaning given in section 1 of PSA 1993[^f00026];

• “opening balance” (“balans agoriadol”), in relation to a description of pension for a scheme year other than added pension, has the meaning given in regulation 44 (opening balance, index adjustment and age addition) and in relation to added pension, has the meaning given in regulation 49 (account to specify opening balance and PIA index adjustment);

• “ordinary adoption leave” (“absenoldeb mabwysiadu arferol”) means leave under section 75A of the Employment Rights Act 1996[^f00027];

• “ordinary maternity leave” (“absenoldeb mamolaeth arferol”) means leave under section 71 of the Employment Rights Act 1996[^f00028];

• “parental bereavement leave” (“absenoldeb profedigaeth rhiant”) has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020;

• “parental leave” (“absenoldeb rhiant”) has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999[^f00029];

• “partial retirement option” (“opsiwn o ran-ymddeoliad”) means the option exercisable under regulation 72 (exercise of partial retirement option);

• “paternity leave” (“absenoldeb tadolaeth”) means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002[^f00030];

• “pay period” (“cyfnod tâl”) means the period in respect of which a payment of pensionable pay is made;

• “pension credit” (“credyd pensiwn”) means a credit under section 29(1)(b) of WRPA 1999;

• “pension credit member” (“aelod â chredyd pensiwn”) has the meaning given by regulation 30 (pension credit member);

• “pension credit member’s account” (“cyfrif aelod â chredyd pensiwn”) has the meaning given in regulation 63 (establishment of pension credit member’s account);

• “pension credit member’s pension” (“pensiwn aelod â chredyd pensiwn”) means a pension payable under regulation 114 (entitlement to pension credit member’s pension);

• “pension credit rights” (“hawliau credyd pensiwn”) has the meaning given in section 124(1) of the Pensions Act 1995[^f00031];

• “pension debit member” (“aelod â debyd pensiwn”), in relation to this scheme, means a person who is a member of this scheme whose benefits or future benefits under this scheme have been reduced under section 31 of WRPA 1999 (reduction of benefit under pension sharing order);

• “pensionable pay” (“tâl pensiynadwy”) has the meaning given in regulation 26 (pensionable pay);