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The Firefighters’ Pension Scheme (England) (Amendment) (No. 2) Order 2012

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Article 2

SCHEDULEAmendment of Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006

This schedule has no associated Explanatory Memorandum

1.  In Part 1 (citation and interpretation), in rule (2) (interpretation), in paragraph (1), insert the following definitions at the appropriate places—

“the Automatic Enrolment Regulations” mean the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010;(1);

“automatic enrolment date” has the meaning given by section 3(7) (automatic enrolment) of the Pensions Act 2008;;

“automatic re-enrolment date” means the date determined in accordance with regulation 12(2) of the Automatic Enrolment Regulations;;

“automatically enrolled” means becoming a firefighter member of the Scheme on the automatic enrolment date;;

“automatically re-enrolled” means becoming a firefighter member of the Scheme on the automatic re-enrolment date;; and

“opt in” means becoming a firefighter member of the Scheme pursuant to the right in section 7(3) of the Pensions Act 2008 and in accordance with the arrangements prescribed by the Automatic Enrolment Regulations, and similar expressions are to be construed accordingly;.

2.  In Part 2 (scheme membership, cessation and retirement)—

(a)In rule 1 (scheme membership)(3)—

(i)in paragraph (2), for “rule 6(4)” substitute “rule 6”; and

(ii)after paragraph (2) insert—

(2A) Where a person who has made an election not to pay pension contributions under the 1992 Scheme is automatically enrolled in this Scheme, that enrolment shall constitute an election to become a firefighter member of this Scheme.;

(b)in rule 5 (election not to make pension contributions) after paragraph (1) insert—

(Z1)A written notice given under paragraph (1) of this rule should be signed by the firefighter member or, where the notice is in electronic format, it must include a statement confirming that that person personally submitted the notice.; and

(c)in rule 6 (rejoining the Scheme)—

(i)for paragraph (1), substitute—

(1) A person who has made a contributions election may cancel it by giving a signed written notice to the authority or, where the notice is in electronic format, it must include a statement confirming that that person personally submitted the notice.

(ii)after paragraph 1, insert—

(1A) Where a person who has made a contributions election is subsequently automatically enrolled or re-enrolled in the Scheme, that enrolment or re-enrolment shall constitute a cancellation of their contributions election.;

(iii)omit paragraphs (2) and (3); and

(iv)in paragraph (4), after “is received” insert—

or, in the case of a firefighter member who has been automatically enrolled or re-enrolled, with effect from the automatic enrolment or re-enrolment date (as the case may be).

3.  In Part 3 (personal awards), in rule 8 (refund of aggregate pension contributions)—

(a)before paragraph (1), insert—

(Z1) Paragraphs 1 and 2 are subject to paragraph (3).; and

(b)after paragraph (2) insert—

(3) In the case of a firefighter member who makes a contributions election subsequent to being automatically enrolled or re-enrolled in the Scheme, or having opted in to the Scheme, paragraphs (1) and (2) apply with the following modifications—

(a)“three months’ qualifying service” means three months’ qualifying service since being automatically enrolled or re-enrolled, or opting in (as the case may be), on that occasion; and

(b)“aggregate pension contributions” means the payments made by the firefighter member to his employing authority by way of pension contributions since being automatically enrolled or re-enrolled, or opting in (as the case may be), on that occasion..

(2)

As amended by S.I. 2012/215.

(3)

As amended by S.I. 2008/213.

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