The Firefighters' Pension Scheme (Wales) (Contributions) (Amendment) Order 2012

Welsh Statutory Instruments

2012 No. 972 (W.127)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Pension Scheme (Wales) (Contributions) (Amendment) Order 2012

Made

28 March 2012

Laid before the National Assembly for Wales

29 March 2012

Coming into force

1 April 2012

This Order is made in exercise of the powers conferred by sections 34, 60 and 62 of the Fire and Rescue Services Act 2004(1).

As required by section 34(5) of that Act, the Welsh Ministers consulted such persons as they considered appropriate before making the Order.

The Welsh Ministers make the following Order:

Title and commencement

1.—(1) The title of this Order is The Firefighters' Pension Scheme (Wales) (Contributions) (Amendment) Order 2012.

(2) This Order comes into force on 1 April 2012.

Amendment of the Firefighters' Pension Scheme (Wales) Order 2007

2.  Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007(2) (in which the New Firefighters' Pension Scheme (Wales) is set out) is amended in accordance with articles 3 and 4 of this Order.

3.  In Chapter 1 of Part 11 (pensionable pay, pension contributions and purchase of additional service), in rule 3(1) (pension contributions) for “at the rate of 8.5 per cent. of the firefighter member’s pensionable pay for the time being” substitute “at the rate of the firefighter member’s pensionable pay for the time being, specified in the Table in Annex A1 ”.

4.  After Part 15 insert—

“ANNEX A1 PENSION CONTRIBUTIONS

1.   The rate of the pension contribution mentioned in rule 3(1) of Part 11 is that specified in the Table below by reference to the amount of the pensionable pay of the firefighter member in the first column of the Table.

2.   The amount of pensionable pay of a retained or volunteer firefighter for the purpose of the first column of the Table is that firefighter’s reference pay.

3.   The amount of pensionable pay of a part-time regular firefighter for the purpose of the first column of the Table is the amount of pensionable pay of a whole-time regular firefighter of equivalent role and length of service.

4.   Where there has been a permanent material change to the terms and conditions of a firefighter member’s employment which affects the member’s pensionable pay, from the date of that change pensionable pay must be calculated by reference to the revised amount.

5.   Pensionable pay in the first column of the Table below does not include payments made to a regular firefighter by the fire and rescue authority in respect of his continual professional development, but those payments will be included in the firefighter’s pensionable pay for the purposes of the application of the rate specified in the second column.

Pensionable pay	Contribution rate from 1st April 2012
Up to and including £15,000	8.5% of pensionable pay
More than £15,000 and up to and including £30,000	8.8% of pensionable pay
More than £30,000 and up to and including £40,000	8.9% of pensionable pay
More than £40,000 and up to and including £50,000	9.0% of pensionable pay
More than £50,000 and up to and including £60,000	9.1% of pensionable pay
More than £60,000 and up to and including £100,000	9.3% of pensionable pay
More than £100,000 and up to and including £120,000	9.5% of pensionable pay
More than £120,000	9.7% of pensionable pay”

Carl Sargeant

Minister for Local Government and Communities, one of the Welsh Ministers

28 March 2012

Explanatory Note

(This note is not part of the Order)

This Order amends the New Firefighters' Pension Scheme (Wales) set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)), with effect from 1 April 2012.

The amendment provides for a different rate for pension contributions payable by firefighter members of the New Firefighters' Pension Scheme (Wales) which increase according to the amount of pensionable pay which the firefighter member receives.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Fire and Armed Forces Branch, Welsh Government, Rhydycar, Merthyr Tydfil, CF48 1UZ or by calling 0300 062 8254.

(1)

2004 c. 21. Powers under sections 34 and 60 of the Fire and Rescue Services Act 2004 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by section 62 of the Fire and Rescue Services Act 2004. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2008 (c. 32), they were transferred to the Welsh Ministers.

(2)

S.I. 2007/1072 (W.110) as amended by S.I. 2009/1225 (W.108).