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The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023

Type Welsh-Statutory-Instrument

Publication 2023-09-04

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 4 September 2023

Laid before Senedd Cymru: 6 September 2023

Coming into force: 1 October 2023

These Regulations are made in accordance with Treasury directions made under section 27 of the PSPJOA 2022.

PART 1 — Introductory provisions

Title, application and coming into force

1

(1) The title of these Regulations is the Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023.

(2) These Regulations apply in, or as regards, Wales.

(3) These Regulations come into force on 1 October 2023.

Interpretation

2

(1) In these Regulations—

“the PSPJOA 2022” (“DPGCSB 2022”) means the Public Service Pensions and Judicial Offices Act 2022;

“the 1992 Order” (“Gorchymyn 1992”) means the Firemen’s Pension Scheme Order 1992[^f00003] and “the 1992 scheme” (“Cynllun 1992”) means the pension scheme set out in Schedule 2 to that Order as it has effect in Wales;

“the 2007 Order” (“Gorchymyn 2007”) means the Firefighters’ Pension Scheme (Wales) Order 2007[^f00004] and “the 2007 scheme” (“cynllun 2007”) means the pension scheme set out in Schedule 1 to those Regulations;

“the 2015 Regulations” (“Rheoliadau 2015”) means the Firefighters’ Pension Scheme (Wales) Regulations 2015[^f00005], “the 2015 scheme” means the pension scheme set out in those Regulations, and— “2015 scheme benefits” means benefits under the 2015 Regulations; “2015 scheme service”, in relation to a member, means the member’s remediable service in an employment that is pensionable service under the 2015 Regulations (whether or not by virtue of section 2(1) of the PSPJOA 2022);

“the PSP Directions 2022” (“Cyfarwyddydau PGC 2022”) means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022[^f00006];

“death benefit” (“budd marwolaeth”) means a benefit payable under a firefighters’ pension scheme in relation to member of that scheme who has died;

“deferred choice decision” (“penderfyniad dewis gohiriedig”) has the meaning given in regulation 14(1);

“deferred choice decision-maker” (“penderfynwr dewis gohiriedig”) means the person who may make a deferred choice election decision under regulation 14(2);

“deferred choice member” (“aelod dewis gohiriedig”) means a member with remediable service who is not an immediate choice member;

“end of the section 10 election period” (“diwedd y cyfnod dewisiad adran 10”), in relation to a deferred choice member, means the time determined in accordance with— where the member is the deferred choice decision-maker, regulation 15(3)(b); where a person other than the member is the deferred choice decision-maker, regulation 16(3)(b); a “firefighters’ pension scheme” (“cynllun pensiwn diffoddwyr tân”) means the 1992 scheme, the 2007 scheme or the 2015 scheme;

“immediate choice decision” (“penderfyniad dewis ar unwaith”) has the meaning given in regulation 10(1);

“immediate choice decision-maker” (“penderfynwr dewis ar unwaith”) means the person who may make an immediate choice decision under regulation 10(2);

“immediate choice member” (“aelod dewis ar unwaith”) means a member with remediable service who, immediately before 1 October 2023, was deceased or entitled to the present payment of a pension, other than a deferred choice pension, under the 1992 scheme, the 2007 scheme or the 2015 scheme; and “deferred choice pension” (“pensiwn dewis gohiriedig”) means a pension the rate of which— is not determined (to any extent) by reference to the member’s remediable service, and is not affected by the coming into force of section 2(1) of the PSPJOA 2022; the “legacy scheme” (“cynllun gwaddol”), in relation to a member’s remediable service, means whichever of the 1992 scheme or 2007 scheme is the relevant Chapter 1 legacy scheme[^f00007] for the member, and— “legacy scheme benefits” means benefits calculated in accordance with that scheme; “legacy scheme service” means a member’s remediable service[^f00008] in an employment that is pensionable under the legacy scheme (whether or not by virtue of section 2(1) of the PSPJOA 2022);

“member” (“aelod”) means an active, deferred, deceased, pension credit or pensioner member[^f00009] of a firefighters’ pension scheme;

“opted-out service election” (“dewisiad gwasanaeth a optiwyd allan”) has the meaning given in regulation 6(1);

“remediable service” (“gwasanaeth rhwymedïol”) means, in relation to a member, the member’s remediable service in an employment that is pensionable service under a firefighters’ pension scheme;

“remedy member” (“aelod rhwymedi”) means a deferred choice member or an immediate choice member;

“section 6 election” (“dewisiad adran 6”) has the meaning given in regulation 10(1)(a);

“section 10 election” (“dewisiad adran 10”) has the meaning given in regulation 14(1)(a).

(2) For the purposes of these Regulations, a reference in the PSPJOA 2022 to section 2(1) of that Act coming into force is a reference to that section coming into force in relation to members of a firefighters’ pension scheme.

(3) A term used in these Regulations which—

(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1, section 109 or section 110 of the PSPJOA 2022, and

(b) is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

(4) A term used in these Regulations which—

(a) is defined in the 1992 Order, the 2007 Order or the 2015 Regulations (“the relevant Regulations”), and

(b) is not defined differently—

(i) in these Regulations, or

(ii) in, or for the purposes of, a provision in Chapter 1 of Part 1, section 109 or section 110 of the PSPJOA 2022,

has, in relation to the scheme established by the relevant Regulations, the meaning given in those Regulations.

Delegation

3

The scheme manager may delegate any functions of the scheme manager under these Regulations, including this power to delegate.

PART 2 — Remediable Service Statements

Requirement to provide a remediable service statement

4

(1) The scheme manager must provide a remediable service statement in respect of a remedy member (“M”) in accordance with—

(a) section 29 of the PSPJOA 2022,

(b) any Treasury directions made under section 29(6) of that Act, and

(2) A remediable service statement must be provided in respect of M—

(a) on or before the relevant date[^f00010],

(b) where M is, in relation to their remediable service, for the time being—

(i) an active member[^f00011], at least once in each year ending with the anniversary of the relevant date,

(ii) a deferred member[^f00012], in response to a request by the person mentioned in paragraph (3)[^f00013], or

(iii) a pensioner member, once only, and

(i) under regulation 15(2) that M intends to claim benefits in relation to M’s remediable service, or

(ii) that M has died.

(3) The remediable service statement must be provided to—

(a) M, or

(b) where M has died—

(i) the person who is for the time being the eligible decision-maker in relation to M’s remediable service under the Schedule, and

(ii) within 18 months of the scheme manager receiving notification that M has died.

(4) The remediable service statement must include—

(a) where M is an immediate choice member, information about—

(i) the irrevocability of an immediate choice decision, and

(ii) the benefits which will be payable if no immediate choice decision is made before the end of the section 6 election period;

(b) where M is a deferred choice member, information about—

(i) the revocability (or otherwise) of a deferred choice decision, and

(ii) the benefits that will be payable if no deferred choice decision is made before the end of the section 10 election period;

(c) where M is deceased, the identity, or a description of the identity, of the person or persons who may make an immediate choice decision or a deferred choice decision in relation to M’s remediable service.

(5) For further provision about—

(a) what a remediable service statement must include, see—

(i) section 29(5) of the PSPJOA 2022;

(ii) direction 20(1) of the PSP Directions 2022;

(b) when a remediable service statement must be combined with a benefit information statement provided under section 14 of the Public Service Pensions Act 2013, see direction 20(2) of the PSP Directions 2022.

PART 3 — Decisions in relation to remediable service

CHAPTER 1 — Opted-out service elections

Application and interpretation of Chapter 1

5

(1) This Chapter applies to and in respect of a member (“M”) with opted-out service in an employment in relation to a legacy scheme[^f00014].

(2) In this Chapter—

“opted-out service decision-maker” (“penderfynwr gwasanaeth a otiwyd allan”) means the person who may make an opted-out service election in accordance with regulation 6(2);

“relevant opted-out service” (“gwasanaeth a otiwyd allan perthnasol”) means the service referred to in paragraph (1).

Election in relation to opted-out service

6

(1) An election (an “opted-out service election”) may be made in relation to M’s relevant opted-out service in accordance with this Chapter and section 5 of the PSPJOA 2022.

(2) An opted-out service election may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.

(3) Where the scheme manager is the eligible decision-maker, they must decide not to make an opted-out service election.

(4) See section 5(2) to (4) of the PSPJOA 2022 about the effect, timing and irrevocability of an opted-out service election.

Opted-out service election: additional requirements

7

(1) An opted-out service election must not be made unless a remediable service statement has been provided in accordance with regulation 4.

(2) An opted-out service election must be made—

(a) in writing to the scheme manager;

(b) by the end of 12 months beginning with the date of receiving a remedial service statement in accordance with regulation 4(2)(a), or within such longer period as the scheme manager considers reasonable in all the circumstances.

Opted-out service election: lapse

8

Where—

(a) the end of the election period in relation to M has passed, and

(b) no opted-out service election has been communicated to the scheme manager in accordance with regulation 7(2),

the entitlement to make an opted-out service election under regulation 6 lapses.

CHAPTER 2 — Immediate choice decision for 2015 scheme or legacy scheme benefits

Application and interpretation of Chapter 2

9

(1) This Chapter applies in respect of the remediable service of an immediate choice member (“M”).

(2) Where M has remediable service in multiple employments, this Chapter applies separately in relation to the remediable service in each employment.

Immediate choice decision for 2015 scheme or legacy scheme benefits

10

(1) A decision (an “immediate choice decision”) may be made in accordance with this Chapter—

(a) to make an election (“a section 6 election”) by virtue of section 6 of the PSPJOA 2022 for 2015 scheme benefits in relation to M’s remediable service, or

(b) that no section 6 election is to be made in relation to that service.

(2) An immediate choice decision may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.

(3) Where the scheme manager is the eligible decision-maker, they must make an election for 2015 scheme benefits in relation to M’s remediable service, as soon as reasonably practicable.

(4) An immediate choice decision is made when it is communicated in writing to, and received by, the scheme manager.

(5) An immediate choice decision may only be made before the end of the section 6 election period[^f00015].

(6) An immediate choice decision is irrevocable.

(7) An immediate choice decision to make a section 6 election takes effect as a section 6 election (see sections 6(5) and (7), 7(1)(b) and 9 of the PSPJOA 2022 about the effect of a section 6 election).

(8) Where—

(a) immediately before 1 October 2023, M has remediable service in the 2015 scheme, and

(b) an immediate choice decision is that no section 6 election is to be made in relation to M’s remediable service,

section 6(4) of the PSPJOA 2022 does not apply in relation to M’s 2015 scheme service (and, accordingly, section 2(1) of the PSPJOA 2022 has effect in relation to M’s 2015 scheme service for the purposes mentioned in section 2(3)(b) of that Act from the time the immediate choice decision is made).

(9) The following provisions of the PSPJOA 2022 have effect in relation to a decision that no section 6 election is to be made as they have effect in relation to a section 6 election—

(a) section 6(7) (section 6 election has effect in respect of all remediable service in the employment);

(b) section 7(1)(b) (provision about when a section 6 election is to be treated as having taken effect);

Immediate choice decision: additional requirements

11

(1) An immediate choice decision may not be made unless a remediable service statement has been provided in accordance with regulation 4(2)(a).

(2) The scheme manager must, together with that remediable service statement, provide to the immediate choice decision-maker information about the timing, effect and irrevocability of an immediate choice decision.

(3) An immediate choice decision is to be treated as having been made only if the immediate choice decision-maker (“D”) provides any information specified in a written request from the scheme manager that is—

(a) information in D’s possession, or

(b) information which D can reasonably be expected to obtain.

Immediate choice decision: deemed decision

12

(1) An immediate choice decision is treated as made in relation to M’s remediable service immediately before the end of the section 6 election period where—

(a) the end of the section 6 election period in relation to M has passed, and

(b) no immediate choice decision has been communicated in relation to M’s remediable service.

(2) In cases where M is not deceased, the immediate choice decision in paragraph (1) is that no section 6 election is made and the benefits payable in relation to M’s remediable service are legacy scheme benefits.

(3) In cases where M is deceased, the immediate choice decision in paragraph (1) is that a section 6 election is made and the benefits payable in relation to M’s remediable service are 2015 scheme benefits.

CHAPTER 3 — Deferred choice decision for 2015 scheme or legacy scheme benefits

Application and interpretation of Chapter 3

13

(1) This Chapter applies in respect of the remediable service of a deferred choice member (“M”).

(2) Where M has remediable service in multiple employments, this Chapter applies separately in relation to the remediable service in each employment.

Deferred choice decision for 2015 scheme or legacy scheme benefits: general

14

(1) A decision (a “deferred choice decision”) may be made in accordance with this Chapter—

(a) to make an election (a “section 10 election”) by virtue of section 10 of the PSPJOA 2022 in relation to M’s remediable service, or

(b) that no section 10 election is to be made in relation to that service.

(2) A deferred choice decision may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker determined in accordance with the Schedule.

(3) Where the scheme manager is the eligible decision-maker, they must make an election for 2015 scheme benefits in relation to M’s remediable service, as soon as reasonably practicable.

(4) A deferred choice decision is made when it is communicated in writing to, and received by, the scheme manager.

(5) A deferred choice decision may only be made before the end of the section 10 election period.

(6) A deferred choice decision to make a section 10 election takes effect as a section 10 election (see sections 10(4) and (5), 11(3)(b) and (4) and (7) and 13 of the PSPJOA 2022 about the effect of a section 10 election).

(7) Where the deferred choice decision is that no section 10 election is to be made, the benefits payable to or in respect of M, so far as they are determined by reference to M’s remediable service, are legacy scheme benefits.

(8) The following provisions of the PSPJOA 2022 have effect in relation to a decision that no section 10 election is to be made as they have effect in relation to a section 10 election—

(a) section 10(5) (section 10 election has effect in respect of all remediable service in the employment or office);

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