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

6.  In Part 12 (transfers into and out of the Scheme)—

(a) in Chapter 1 (interpretation of Part 12 and entitlement to transfer value payment)—

(i) in rule 1 (interpretation of Part 12), in the appropriate place insert—

““final salary benefit” (“budd cyflog terfynol”) means benefit accrued under a final salary scheme as defined in section 37 (general interpretation) of the 2013 Act;”;

(ii) in rule 2 (entitlement to transfer value payment), in paragraph (2), after “Subject to” insert “paragraph (2A) and to” and after paragraph (2) insert—

“(2A) A transition member (T), who is a connected member of this Scheme or has received a lower tier ill-health pension under the 2015 Scheme, is not entitled to require the payment of a transfer value in respect of the rights to benefits that have accrued to or in respect of T under this Scheme.”;

(b) in Chapter 3 (transfers into the Scheme)—

(i) in rule 8 (applications for acceptance of transfer value payment from another scheme), after paragraph (3) insert—

“(4) A person who is a protected member of this Scheme, or a person who becomes an active member of the 2015 Scheme, may apply for a transfer value payment from another public service pension scheme which is a final salary scheme, or includes final salary benefit, to be accepted by the authority for the purposes of this Scheme.”;

(ii) in rule 9 (procedure for applications under rule 8), in paragraph (2) for “Subject to paragraph (4)” substitute “Subject to paragraphs (4) and (5),” and after paragraph (4) insert—

“(5) Where the application is made by a person who joins this Scheme as firefighter member (other than as a special firefighter member) the application must be made within one year of the person becoming a firefighter member of this Scheme or within one year of the person becoming an active member of the 2015 Scheme, as the case may be.”;

(iii) in rule 10 (acceptance of transfer value payments), in paragraph (1) for “Subject to paragraph (3) below” substitute “Subject to paragraphs (3) and (4) below” and after paragraph (3) insert—

“(4) Where the application under rule 8 is made by a person to whom paragraph (4) of that rule applies, paragraphs (2) and (3) (limit on maximum amount of pensionable service that may be accrued) of rule 2 of Part 10 do not apply to that transfer value payment and the authority must accept the transfer value payment unless paragraph (3) of this rule applies.”