The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (England) Order 2017

Amendment of the Firemen’s Pension Scheme Order 1992

2.—(1) Schedule 2 to the Firemen’s Pension Scheme Order 1992(1) is amended as follows.

(2) In Part B (personal awards), in rule B1A(3)(2) (continuous service pension)—

(a) in sub-paragraph (a), for “paragraph (1)(a)”, substitute “paragraph (1)(b)”; and

(b) for sub-paragraph (b), substitute—

“(b) paragraph (1) of this rule applies as if the age ascertained under sub-paragraph (a) above were substituted for “normal pension age.”.

(3) In Part C (awards on death-spouses), in rule C9 (effect of remarriage)—

(a) in paragraph (1), for “A person”, substitute “Subject to paragraphs (3) to (5), a person”;

(b) in paragraph (2), for “Where a person”, substitute “Subject to paragraphs (3) to (5), where a person”; and

(c) after paragraph (2), insert—

“(3) Paragraphs (1) and (2) do not apply if the person (“P”), entitled to a pension or gratuity under this Part—

(a) marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st April 2015; and

(b) immediately before the beginning of that marriage, remarriage or formation of a civil partnership or subsequent civil partnership the condition set out in paragraph (4) is satisfied.

(4) The condition in this paragraph is that—

(a) P is either—

(i) entitled to a pension under rule C1 (spouse’s ordinary pension), rule C4 (spouse’s accrued pension), rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership), rule C6 (spouse or civil partner’s requisite benefit and temporary pension) or rule C8 (limitation where spouses living apart); or

(ii) receiving a gratuity under rule C8(7); and

(b) the deceased spouse or civil partner of P (“D”) died as a result of an injury—

(i) received in the exercise of D’s duties as a firefighter; or

(ii) sustained while on a journey necessary to enable D to report for duty or return home after duty.

(5) If on or after 1st April 2015 P is the subject of a decision by the fire and rescue authority to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership.”.

(4) In Part G (pensionable pay and contributions)—

(a) In rule G1 (pensionable pay and average pensionable pay)—

(i) in paragraphs (10) and (11)(3) for “paragraph 34 of Schedule 2”, substitute “paragraph 33 of Schedule 2”;

(ii) in paragraph (13) for “paragraph 34(3) of Schedule 2”, substitute “paragraph 33(3) of Schedule 2”; and

(b) in rule G2 (pension contributions)—

(i) in paragraph (1) for “paragraph (1B)”(4), substitute “paragraphs (1B) to (1D);

(ii) after paragraph (1B) insert—

“(1C) A firefighter who is—

(a) below the age of 50 and has reckoned 30 years pensionable service; and

(b) entitled to be credited with additional pension benefit under rule B5B or B5C shall, until they attain the age of 50, pay pension contributions to the fire and rescue authority only in relation to that additional pension benefit.

(1D) Contributions payable under paragraph (1C) are payable—

(a) at the rate of 11% in the period starting on 1st December 2006 and ending on 31st March 2012; and

(b) on and after 1st April 2012 at the rate specified in the Table in paragraph 3 of Part A1 of Schedule 8.”; and

(iii) for paragraph (4), substitute—

“(4) The annual contribution shall be such percentage of the authority’s estimate of the aggregate of the pensionable pay, for the year in respect of which the contribution is made, of those firefighters employed by the authority who are—

(a) required by paragraph (1) to make pensions contributions in that year; and

(b) below the age of 50 and have reckoned 30 years pensionable service,

as shall have been notified to them for that year by the Secretary of State.”.

(5) In Part 2A(5) (continuous service pension) of Schedule 2 (personal awards), for “40 years”, where the words occur for the first time, substitute “30 years”.

(1)

S.I. 1992/129; amended by S.I. 1997/2309, 1997/2851, 1998/1010, 2001/3649, 2001/3691, 2004/1912, 2006/1810, 2006/3433, 2008/214, 2012/953, 2013/1392, 2015/579, S.I. 2016/878.

(2)

Rule B1A was inserted by S.I. 2015/589.

(3)

Rule G1(10) to (13) was inserted by S.I. 2015/589

(4)

Rule G2(1B) was inserted by S.I. 2016/878

(5)

Part 2A was inserted by S.I. 2015/589.