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This is the original version (as it was originally made).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.

7.  In Part G (pensionable pay and contributions)—

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

(i)in paragraph (1) for “Subject to paragraphs (2) and (9)” substitute “Subject to paragraphs (2), (9) and (10)”;

(ii)after paragraph (9) insert—

(10) Where paragraph (6) of rule A3 (exclusive application to regular firefighters) applies to a regular firefighter and paragraph 1 of Schedule 7 (final salary link) to the 2013 Act applies to that person, paragraph (1) of this rule does not apply and the average pensionable pay is determined in accordance with Schedule 7 so that the member’s pensionable pay under the 2015 Regulations, as modified by paragraph 34 of Schedule 2 to those Regulations, derived from service in the 2015 Scheme is to be regarded as derived from service in this Scheme.

(11) Where paragraph (10) and paragraph 34(4) of Schedule 2 to the 2015 Regulations apply to a member of this Scheme, the pensionable pay to be regarded as derived from service in this Scheme is the pensionable pay derived from service in the 2015 Scheme under the 2015 Regulations as modified by paragraph 34 of Schedule 2 to those Regulations for the last year of pensionable service before the reduction in pensionable pay.

(12) Where the pensionable pay under the 2015 Regulations is the pensionable pay of the person employed as a retained firefighter or as a volunteer firefighter for the purposes of paragraphs (10) and (11), the pensionable pay under the 2015 Regulations is that of a wholetime regular firefighter employed in a similar role and with equivalent qualifying service.

(13) Where paragraph 34(3) of Schedule 2 to the 2015 Regulations applies to a person to whom paragraph (6) of rule A3 applies, average pensionable pay is determined in accordance with paragraph (3) of this rule and paragraph (10) does not apply in the case of that person.

(14) Subject to paragraph (13), where paragraph (10) applies—

(a)in sub-paragraph (a) of paragraph (4) “the date of the person’s last day of service as a regular firefighter” is to be read as “the date of the person’s last day of service in scheme employment in the 2015 Scheme”;

(b)in sub-paragraph (b) of paragraph (4) “in a period during which contributions were payable under rule G2” is to be read as “in a period during which member contributions were payable under regulation 119 of the 2015 Regulations”; and

(c)in sub-paragraph (e) of paragraph (6), where any unpaid period of additional maternity leave or adoption leave is within a period for which the pensionable pay derived from 2015 Scheme service is treated as pensionable pay derived from this Scheme, “contributions have been paid under rule G2A” is to be read as “contributions have been paid under regulation 122 of the 2015 Regulations”.

(15) In a case where paragraphs (1) and (11) apply, in sub-paragraph (a) of paragraph (4) “the date of the person’s last day of service as a regular firefighter” is to be read as “the date of the person’s last day of service in scheme employment in the 2015 Scheme before the reduction of pensionable pay”.;

(b)in rule G2A (optional pension contributions during maternity and adoption leave), after paragraph (3) insert—

(3A) Where the regular firefighter returns to work, or ceases to be employed, after the date on which paragraph (6) of rule A3 applies to that person, the election under paragraph (3) may only be made in respect of the period before paragraph (6) applied to that person.;

(c)in rule G7 (payment of periodical contributions for increased benefits), after paragraph (3) insert—

(4A) In the case of a person to whom paragraph (7) of rule A3 applies—

(a)periodical payments continue to be payable whilst paragraph (7) applies;

(b)where the person is entitled to the payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension under regulation 74 of the 2015 Regulations and following review of that award under regulation 77 of those Regulations, accepts the offer of employment, the contributions again become payable.;

(d)in rule G8 (effect of payment for increased benefits), in sub-paragraph (a) of paragraph (1), after “pension under rule” insert “B1A” and after “B5(” insert “continued”.

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