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The Firefighters' Pension Scheme (Wales) Order 2007

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Options for active members of the 1992 Scheme

2.—(1) Sub-paragraph (2) applies in relation to each person who —

(a)was a member of the 1992 Scheme both before 6 April 2006 and immediately before the coming into force of this Order, and

(b)was not at any time before the coming into force of this Order in receipt of a pension or entitled to a deferred pension under that Scheme.

(2) A fire and rescue authority must, not later than 30 March 2007, give to each person to whom this sub-paragraph applies a written statement —

(a)of the pensionable service that the authority would treat the person as having accrued in the new scheme (calculated in accordance with paragraph 3) if the person were to elect to transfer the person’s accrued rights under the 1992 Scheme to the new scheme, and

(b)that, if the person wishes to make that election, the person must do so by written notice to the authority not later than 28 April 2007.

(3) A person’s notice under sub-paragraph (2)(b) must state —

(a)the date, which may be either 6 April 2006 or such later date as the person specifies in the notice, on which the person wishes to be treated as becoming a member of the new scheme, and

(b)whether the person wishes —

(i)to retain the person’s accrued rights in the 1992 Scheme, or

(ii)to transfer those rights, subject to paragraph 3, to the new scheme.

(4) A fire and rescue authority must not accept a person’s election to transfer the person’s accrued rights if the aggregate of —

(a)the person’s pensionable service treated as accrued as mentioned in sub-paragraph (2)(a), and

(b)the person’s prospective pensionable service, on the assumption that the person continues to be a member of the new scheme until the person reaches the age of sixty,

would exceed forty five years by the time of the person’s sixtieth birthday.

(5) Where a fire and rescue authority accept a person’s election to transfer that person’s accrued rights, they must —

(a)within twenty eight days after the date on which they receive the person’s notice under sub-paragraph (2)(b), make all the arrangements necessary to give effect to that election, and

(b)within twenty eight days of making those arrangements, supply the person with a written statement of the pensionable service credited in the new scheme in consequence of the transfer of the person’s accrued rights.

(6) A person whose election to transfer the person’s accrued rights has been accepted must be treated —

(a)where 6 April 2006 is specified in the person’s notice under sub-paragraph (2)(b), as having ceased to be a member of the 1992 Scheme on 5 April 2006,

(b)where a date later than 6 April 2006 is specified in the person’s notice under sub-paragraph (2)(b), as having ceased to be a member of the 1992 Scheme on the day before that later date, and

(c)as having become a member of the new scheme on the day after that on which the person is treated as having ceased to be a member of the 1992 Scheme.

(7) Where a person is treated as becoming a member of the new scheme on 6 April 2006 —

(a)pensionable service that the person accrued in the 1992 Scheme on and after that date must be disregarded for the purposes of the 1992 Scheme;

(b)the person’s pensionable and qualifying service on and after that date is, insofar as it does not accrue in the new scheme, treated as having accrued in the new scheme; and

(c)the authority must refund to the person the amount of the difference between the pension contributions —

(i)that the person made, as a member of the 1992 Scheme, in respect of the period beginning on 6 April 2006 and ending on the date on which all necessary arrangements to give effect to the person’s election have been made, and

(ii)that the person would have made, as a member of the new scheme, in respect of that period.

(8) In the case of a person mentioned in sub-paragraph (6)(b) who specifies in their notice under sub-paragraph (2)(b) a date later than 6 April 2006, sub-paragraph (7) applies as if —

(a)references to 6 April 2006 (in whatever terms) were references to that later date; and

(b)where that later date is on or after the coming into force of this Order, paragraph (c) were omitted.

(9) Where a person in relation to whom sub-paragraph (2) applies had elected under rule G6 of the 1992 Scheme to purchase increased benefits —

(a)the person’s election under that rule is, notwithstanding paragraph (5)(b) of that rule, treated as revoked with effect from 6 April 2006 or, where the person specifies a later date in the person’s notice under sub-paragraph (2)(b), that later date;

(b)nothing in paragraph (a) affects the person’s entitlement to make an election under rule 6 of Chapter 2 of Part 11 of the new scheme (election to purchase additional service); and

(c)for the purposes of rule 5(4) of that Chapter, the calculation under sub-paragraph (a) or, as the case may be, the determination under sub-paragraph (b), must be made on the basis of the person’s age at the time of the person’s election under rule G6 of the 1992 Scheme.

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