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

(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 (active members) under regulation 59(2)(ba) of the 2014 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 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.

5

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.

6

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 57 (qualifying service) of the 2014 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 of 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 Scheme.

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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 2014 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 2014 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 2014 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 2014 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 2014 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 2014 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 110 of the 2014 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 “where contributions have been paid under regulation 113 of the 2014 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 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, 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 65 of the 2014 Regulations and following review of that award under regulation 68 of those Regulations, accepts the offer of employment, the contributions again become payable.

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

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In Part 1 (glossary of expressions) of Schedule 1 (interpretation) in the appropriate place insert—

• “The 2013 Act” The Public Service Pensions Act 2013.
• “The 2014 Regulations” The Firefighters’ Pension Scheme (England) Regulations 2014.
• “2015 pensionable service” Construe in accordance with rule F2(8).
• “The 2015 Scheme” The Firefighters’ Pension Scheme (England) 2015 which is established in the Firefighters’ Pension Scheme (England) Regulations 2014.
• “Continued pension” Construe in accordance with rule B2A.
• “Continuous service pension” Construe in accordance with rule B1A.
• “Equivalent amount to the 1992 lower tier ill-health pension” Construe in accordance with regulation 65(5) of the 2014 Regulations.
• “Full protection member of this Scheme” A person who is a full protection member of this Scheme by virtue of paragraph 9 of Schedule 2 to the 2014 Regulations.
• “Scheme closing date” 31st March 2015.
• “Tapered protection closing date” Construe in accordance with paragraph 3 of Schedule 2 to the 2014 Regulations.
• “Tapered protection member of this Scheme” A person who is a tapered protection member of this Scheme by virtue of paragraph 15 of Schedule 2 to the 2014 Regulations.

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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 x B/C x APP Where— APP is the person’s average pensionable pay, B is the period in years of the person’s pensionable service until the day before his transition date, C is the period in years of his pensionable service and of his 2015 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 his pensionable service and of his 2015 pensionable service up to 20 years, F is the period in years by which his pensionable service and his 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

We consent to the making of these Regulations

David Evennett — John Penrose — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th March 2015

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 — 6th 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 2006 (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 (England) Regulations 2014 (2014 Regulations).

The amendments to Schedule 2 to the 2014 Regulations provide for the ill-health benefits and survivorship benefits in relation to an active member of the Firefighters’ Pension Scheme (England) 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 the Schedule 7 to the Public Service Pensions Act 2013 (final salary link). Further amendments are made in connection with this to the definitions of “pensionable pay” and “final pensionable pay” in the NFPS and to the definition of “pensionable pay” and “average pensionable pay” in the 1992 Scheme.

Footnotes