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Statutory Instruments

2007 No. 1072 (W.110)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Pension Scheme (Wales) Order 2007

Made

28 March 2007

Coming into force

29 March 2007

Contents

Go to Preamble

  1. 1.Title, commencement and application

  2. 2.New pension scheme for firefighters in Wales

  3. 3.1992 scheme ceasing to have effect in Wales, with savings

  4. 4.Continuation of schemes for retained firefighters

  5. SCHEDULE 1

    THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)

    1. ANNEX 1

      ILL-HEALTH PENSIONS

    2. ANNEX 2

      APPEALS TO BOARD OF MEDICAL REFEREES

  6. SCHEDULE 2

    TRANSITIONAL ARRANGEMENTS

Go to Explanatory Note

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 34, 60 and 62 of the Fire and Rescue Services Act 2004(1) and having consulted such persons as it considers appropriate in accordance with section 34(5) of that Act, hereby makes the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Firefighters' Pension Scheme (Wales) Order 2007.

(2) Subject to paragraph (3), this Order comes into force on 29 March 2007, and has effect from 6 April 2006.

(3) Part 13 of Schedule 1 comes into force on 1 April 2007.

(4) This Order applies in relation to Wales.

New pension scheme for firefighters in Wales

2.  The New Firefighters' Pension Scheme (Wales), which is set out in Schedule 1 to this Order, and which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by Welsh fire and rescue authorities as firefighters (including persons who die while so employed), has effect.

1992 scheme ceasing to have effect in Wales, with savings

3.—(1) Subject to paragraphs (2) and (3), the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(2) (“the 1992 scheme”) does not have effect in relation to a person who takes up employment with a Welsh fire and rescue authority on or after 6 April 2006.

(2) Paragraph (1) does not apply to a person who—

(a) transfers to the employment of a Welsh fire and rescue authority from employment with a fire and rescue authority in England or Scotland or with the Northern Ireland Fire and Rescue Service Board; and

(b) immediately before 6 April 2006, was a member of the firefighters' pension scheme established by the authority from whose employment the person transfers.

(3) Where at any time in the period beginning on 6 April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 scheme on taking up employment with a Welsh fire and rescue authority—

(a) on the date on which this Order comes into force—

(i) the 1992 scheme ceases to have effect in relation to that person, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and

(ii) the provisions of the New Firefighters' Pension Scheme (Wales) have effect in relation to that person; and

(b) pensionable service that was reckonable service for the purposes of the 1992 scheme is treated as pensionable service reckonable under the New Firefighters' Pension Scheme (Wales).

(4) The 1992 scheme continues to have effect in relation to a person who, immediately before 6 April 2006, was a member of it or was entitled to, or in receipt of, an award under it.

Continuation of schemes for retained firefighters

4.—(1) This article applies where, immediately before the date on which this Order comes into force, a Welsh fire and rescue authority maintain a scheme for the payment of pensions to and in respect of retained firefighters (“the retained scheme”).

(2) Subject to paragraph (3), the authority may continue to maintain the retained scheme on and after the date on which this Order comes into force, for the benefit of persons who were members of that scheme before 6 April 2006, as if it were a scheme established under the Fire and Rescue Services Act 2004.

(3) The authority must not —

(a) in respect of a retained firefighter who becomes a member of the New Firefighters' Pension Scheme (Wales), make any contribution to the retained scheme on or after the date on which the firefighter’s membership of that Scheme commences, or

(b) use their Firefighters' Pension Fund(3) for the making of employer’s contributions to the retained scheme.

(4) In this article “retained firefighter” (“diffoddwr tân wrth gefn”) means a person employed by a fire and rescue authority—

(a) as a firefighter, but not as a regular firefighter, and

(b) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that the person receives.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 March 2007

Article 2

SCHEDULE 1 THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)

CONTENTS

  1. PART 1

    TITLE AND INTERPRETATION

    1. 1. Title

    2. 2. Interpretation

    3. 3. Disablement

  2. PART 2

    SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

    1. 1. Scheme membership

    2. 2. Eligibility conditions

    3. 3. Normal retirement age and normal benefit age

    4. 4. Last day of membership

    5. 5. Election not to make pension contributions

    6. 6. Rejoining the Scheme

  3. PART 3

    PERSONAL AWARDS

    1. 1. Ordinary pension

    2. 2. Award on ill-health retirement

    3. 3. Deferred pension

    4. 4. Cancellation of deferred pension

    5. 5. Pension on member-initiated early retirement

    6. 6. Pension on authority-initiated early retirement

    7. 7. Entitlement to two pensions

    8. 8. Refund of aggregate pension contributions

    9. 9. Commutation: general

    10. 10. Commutation: small pensions

    11. 11. Allocation of pension

    12. 12. Pension debit members

  4. PART 4

    SURVIVORS' PENSIONS

    1. CHAPTER 1

      SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS

      1. 1. Pensions for surviving spouses, civil partners and nominated partners

      2. 2. Amount of survivor’s pension: general

      3. 3. Amount of survivor’s pension: special cases

      4. 4. Bereavement pension: survivors

      5. 5. Commutation of pensions for surviving spouses, civil partners and nominated partners

    2. CHAPTER 2

      CHILDREN'S PENSIONS

      1. 6. Child’s pension

      2. 7. Child’s pension: limitations and duration

      3. 8. Amount of child’s pension

      4. 9. Bereavement pension: children

      5. 10. Pension for child where no survivor’s pension paid

      6. 11. Child’s pension in respect of pension debit member

      7. 12. Commutation of child’s pension

  5. PART 5

    AWARDS ON DEATH

    1. 1. Death grant

    2. 2. Post-retirement death grant

  6. PART 6

    PENSION SHARING ON DIVORCE

    1. 1. Pension credit member’s entitlement to pension

    2. 2. Commutation of whole of pension credit benefits

    3. 3. Commutation of part of pension credit benefits

    4. 4. Application of general rules

    5. 5. Post-retirement death grant: pension credit members

  7. PART 7

    RESERVISTS

    1. 1. Interpretation of Part 7

    2. 2. Continuity of employment

    3. 3. Awards on death or permanent disablement

    4. 4. Reservists who do not resume employment with their former authority

  8. PART 8

    DETERMINATION OF QUESTIONS AND APPEALS

    1. 1. Interpretation of Part 8

    2. 2. Determinations and decisions by fire and rescue authority

    3. 3. Review of medical opinion

    4. 4. Appeals against decisions based on medical advice

    5. 5. Appeals on other issues

  9. PART 9

    REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

    1. 1. Review of ill-health pension

    2. 2. Consequences of review

    3. 3. Withdrawal of pension during service as firefighter

    4. 4. Withdrawal of early payment of deferred pension

    5. 5. Withdrawal of pension on conviction of certain offences

    6. 6. Forfeiture of award

  10. PART 10

    QUALIFYING SERVICE AND PENSIONABLE SERVICE

    1. 1. Qualifying service

    2. 2. Reckoning of pensionable service

    3. 3. Non-reckonable service

    4. 4. Reckoning of unpaid period of absence

    5. 5. Reckoning of maternity, paternity and adoption leave, etc.

    6. 6. Calculation of pensionable service

  11. PART 11

    PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE

    1. CHAPTER 1

      PENSIONABLE PAY AND PENSION CONTRIBUTIONS

      1. 1. Pensionable pay

      2. 2. Final pensionable pay

      3. 3. Pension contributions

      4. 4. Optional pension contributions during maternity and adoption leave

    2. CHAPTER 2

      PURCHASE OF ADDITIONAL SERVICE

      1. 5. Purchase of additional service

      2. 6. Election to purchase additional service

      3. 7. Duration of periodical contributions and premature cessation

      4. 8. Discontinuance and resumption of periodical contributions

      5. 9. Periodical contributions in respect of periods of unpaid service or unpaid absence

      6. 10. Effect of purchasing additional service by lump sum payment

  12. PART 12

    TRANSFERS INTO AND OUT OF THE SCHEME

    1. CHAPTER 1

      INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT

      1. 1. Interpretation of Part 12

      2. 2. Entitlement to transfer value payment

    2. CHAPTER 2

      TRANSFERS OUT OF THE SCHEME

      1. 3. Applications for statements of entitlement

      2. 4. Applications for transfer value payments

      3. 5. Ways in which transfer value payments may be applied

      4. 6. Calculating amounts of transfer value payments

      5. 7. Effect of transfers-out

    3. CHAPTER 3

      TRANSFERS INTO THE SCHEME

      1. 8. Applications for acceptance of transfer value payment from another scheme

      2. 9. Procedure for applications under rule 8

      3. 10. Acceptance of transfer value payments

      4. 11. Calculation of transferred-in pensionable service

    4. CHAPTER 4

      TRANSFERS BETWEEN WELSH AUTHORITIES

      1. 12. Transfer of pension history between Welsh authorities

    5. CHAPTER 5

      MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS

      1. 13. Interpretation of Chapter 5

      2. 14. Mis-sold pensions

      3. 15. Calculation of amount of restitution payment

  13. PART 13

    FIREFIGHTERS' PENSION FUND

    1. 1. Firefighters' Pension Fund: payments, receipts and transfers

    2. 2. Payments and transfers into Firefighters' Pension Fund

    3. 3. Transfers from Firefighters' Pension Fund

    4. 4. Excess amounts: information

    5. 5. Excess amounts: estimated deficits

    6. 6. Excess amounts — estimated surpluses

    7. 7. Excess amounts — actual deficits

    8. 8. Excess amounts — actual surpluses

    9. 9. Duty to provide information

    10. 10. Duty to have regard to guidance

  14. PART 14

    PAYMENT OF AWARDS

    1. 1. Authorities responsible for payment of awards

    2. 2. Deduction of tax and lifetime allowance charges

    3. 3. Payment of awards

    4. 4. Pensions under more than one contract of employment

    5. 5. Payments for minors and persons incapable of managing their affairs

    6. 6. Payment of awards; further supplementary provision

  15. PART 15

    MISCELLANEOUS PROVISIONS

    1. 1. Guaranteed minimum pensions, etc.

    2. 2. Survivors' guaranteed minimum pensions

    3. 3. Information for authorities

    4. 4. Annual benefit statements

    5. 5. Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Wales) Order 2007 in force

    6. 6. Death on or before 31 March 2007 of retained or volunteer firefighter employed before 6 April 2006

  16. AMEX 1

    Ill Health Provisions

  17. AMEX 2

    Appeals to Board of Medical Referees

(2)

S.I. 1992/129. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). The 1947 Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004, but the Scheme was renamed as Firefighters' Pension (Wales) Scheme and continued in force by articles 3 and 4 of the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918)(W.257). Back [2]

(3)

Firefighters' Pensions Funds were established under Part LA of the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129). Part LA was inserted by S.I. 2007/1072 (W.110). Back [3]

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