Search Legislation

The Firefighters’ Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015

What Version

 Help about what version

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

(a)after rule 1A (special membership) insert—

Cessation of firefighter membership and special firefighter membership

1B.  A person ceases to be a firefighter member or a special firefighter member of this Scheme—

(a)where the member is not a full protection member of this Scheme or a tapered protection member of this Scheme, on the scheme closing date;

(b)where the member is a tapered protection member of this Scheme, on the tapered protection closing date or, if earlier, on the date on which the member ceases to be a tapered protection member;

(c)where the member is a full protection member of this Scheme, on the date on which the member retires from scheme employment in the 2015 Scheme or, if earlier, on the date on which the member ceases to be a full protection member of this Scheme.

Standard membership of this Scheme after the transition date

1C.(1) In the case of a standard member of this Scheme to whom rule 1B applies and who joins the 2015 Scheme with continuity of service—

(a)if that person (P) remains in pensionable service in that Scheme, P is a connected member of this Scheme in respect of the membership to which paragraph (4) applies;

(b)if P opts out of pensionable service in the 2015 Scheme or leaves scheme employment in the 2015 Scheme before reaching normal retirement age, P is a deferred member of this Scheme;

(c)if P opts into the 2015 Scheme or takes up scheme employment in the 2015 Scheme and paragraph (2) applies, P is again a connected member of this Scheme.

(2) This paragraph applies if P re-enters pensionable service under the 2015 Scheme after a gap in pensionable service not exceeding 5 years.

(3) In the case of a standard member of this Scheme to whom rule 1B applies and who joins the 2015 Scheme with a gap in pensionable service of more than 5 years, that member is a deferred member of this Scheme.

(4) This paragraph applies in relation to the active member’s account of the 2015 Scheme to which the qualifying service of the membership of this Scheme was added for the purposes of regulation 66 (qualifying service) of the 2015 Regulations or, if the entries from the account were transferred to another active member’s account under regulation 158 (transfer of pension account entries) of those Regulations, to that active member’s account.

Special membership of this Scheme after the transition date

1D.(1) In the case of a special member of this Scheme to whom rule 1B applies—

(a)if that person (S) was a special firefighter member of this Scheme who joins the 2015 Scheme immediately after rule 1B applied to S, or who had joined this Scheme as a special member on or after the date on which rule 1B applied to S, S is a connected special member of this Scheme in respect of the membership to which paragraph (2) applies;

(b)if that person (D) was a special firefighter member of this Scheme who joins the 2015 Scheme with a gap in pensionable service after rule 1B applied to D, or who had joined this Scheme as a special member with a gap in pensionable service after the date on which rule 1B applied to D, D is a special deferred member of this Scheme in respect of the membership to which paragraph (2) applies;

(c)if S opts out of pensionable service in the 2015 Scheme or leaves scheme employment under the 2015 Scheme before reaching normal retirement age, S is a special deferred member of this Scheme.

(2) This paragraph applies in relation to the active member’s account of the 2015 Scheme to which the qualifying service of the membership of this Scheme was added for the purposes of regulation 66 (qualifying service) of the 2015 Regulations or, if the entries from the account were transferred to another active member’s account under regulation 158 (transfer of pension account entries) of those Regulations, to that member’s account.

Membership of this Scheme where ill-health award paid from 2015 Scheme

1E.(1) A person who is entitled to the payment of an equivalent amount to the NFPS lower tier ill-health pension under the 2015 Scheme continues to be a connected member, or connected special member of this Scheme.

(2) A person who was entitled to an ill-health award under this Scheme or under the 2015 Scheme and who accepts an offer of employment referred to in rule 2 of Part 9 of this Scheme or referred to in regulation 78(3)(b) of the 2015 Scheme, continues to be a connected member, or a connected special member, of this Scheme.;

(b)in rule 3 (normal retirement age and normal benefit age), after paragraph (4) insert—

(5) The normal retirement age of connected members is 60.

(6) The normal retirement age of connected special members is 55.; and

(c)in rule 4 (last day of membership)—

(i)in paragraph (1) for “Where a firefighter member” substitute “Subject to paragraphs (3) to (5), where a firefighter member”;

(ii)after paragraph (2) insert—

(3) The last day of membership of a firefighter member or a special firefighter member, who is not a full protection member of this Scheme or a tapered protection member of this Scheme, is to be taken as the scheme closing date.

(4) The last day of membership of a firefighter member or a special firefighter member, who is a tapered protected member of this Scheme, is to be taken as the tapered protection closing date or, if earlier, the date on which that member ceases to be a tapered protection member.

(5) The last day of membership of a firefighter member or a special firefighter member who is a full protection member of this Scheme is to be taken as the date on which that member ceases to be a full protection member of this Scheme.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources