The Firefighters’ Pension Scheme (Amendment)(England)Order 2012

Made27th March 2012

Laid before Parliament29th March 2012

Coming into force1st April 2012

The Secretary of State, in exercise of the powers conferred by sections 26(1) to (5) of the Fire Services Act 19471, makes the following Order:

Citation and commencement

1. (1)

This Order may be cited as the Firefighters’ Pension Scheme (Amendment)(England) Order 2012.

(2)

This Order shall come into force on 1st April 2012.

Amendment of the Firemen’s Pension Scheme Order 1992

2.

Schedule 2 to the Firemen’s Pension Scheme Order 19922 (in which the Firefighters’ Pension Scheme is set out), as it has effect in England3, shall be amended in accordance with articles 3 and 4 of this Order.

3.

In rule G2 (pension contributions)—

(a)

in paragraph (1), for “specified in paragraph (1A)” substitute “specified in the Table in paragraph 3 of Part A1 of Schedule 8;” and

(b)

omit paragraph (1A).

4.

In Schedule 8 for—

“PURCHASE OF INCREASED BENEFITS”

substitute—

“PENSION CONTRIBUTION AND PURCHASE OF INCREASED BENEFITS
PART A1PENSION CONTRIBUTIONS
1.
(1)
In the case of a whole-time regular firefighter the pension contribution mentioned in rule G2(1) is the percentage of his pensionable pay ascertained from the Table in paragraph 3 by reference to the amount of his pensionable pay in the first column of that Table.
(2)
For the purposes of sub-paragraph (1)—
(a)
where there has been a permanent material change to the terms and conditions of a regular firefighter’s employment which affects his pensionable pay, from the date of that change his pensionable pay in the first and second columns shall be calculated by reference to the revised amount;
(b)
pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a regular firefighter by the fire and rescue authority in respect of his continual professional development, but those payments will be included in his pensionable pay for the purposes of the application of the rate ascertained from that Table.
2.
(1)
In the case of a part-time regular firefighter, the pension contribution mentioned in rule G2(1) is the percentage of his pensionable pay ascertained from the Table in paragraph 3 by reference to the amount of pensionable pay which he would have received had he been a whole-time regular firefighter.
(2)
For the purposes of sub-paragraph (1)—
(a)
where there has been a permanent material change to the terms and conditions of a part-time regular firefighter’s employment which affects his pensionable pay, from the date of that change his pensionable pay in the first and second columns shall be calculated by reference to the revised amount;
(b)
pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a part-time regular firefighter by the fire and rescue authority in respect of his continual professional development, but those payments will be included in his pensionable pay for the purposes of the application of the rate ascertained from that Table.
3.
The following Table is that referred to in paragraphs 1 and 2.
Pensionable pay
Contribution rate from 1^st April 2012
Up to and including £15,000
11.0% of pensionable pay
More than £15,000 and up to and including £30,000
11.6% of pensionable pay
More than £30,000 and up to and including £40,000
11.7% of pensionable pay
More than £40,000 and up to and including £50,000
11.8% of pensionable pay
More than £50,000 and up to and including £60,000
11.9% of pensionable pay
More than £60,000 and up to and including £100,000
12.2% of pensionable pay
More than £100,000 and up to and including £120,000
12.5% of pensionable pay
More than £120,000
13.0% of pensionable pay”

Pensionable pay	Contribution rate from 1^st April 2012
Up to and including £15,000	11.0% of pensionable pay
More than £15,000 and up to and including £30,000	11.6% of pensionable pay
More than £30,000 and up to and including £40,000	11.7% of pensionable pay
More than £40,000 and up to and including £50,000	11.8% of pensionable pay
More than £50,000 and up to and including £60,000	11.9% of pensionable pay
More than £60,000 and up to and including £100,000	12.2% of pensionable pay
More than £100,000 and up to and including £120,000	12.5% of pensionable pay
More than £120,000	13.0% of pensionable pay”

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

27th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Firefighters’ Pension Scheme 1992 (set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992) as it has effect in England.

The amendment is to provide a different rate for pension contributions payable by members of the Firefighters’ Pension Scheme which increase according to the amount of pensionable pay which the member receives. The contribution rates are specified in paragraph 3 of the Table in Part A1 of Schedule 8. The contribution rate which applies to a part-time regular firefighter is that which is specified as though he had been a whole-time firefighter. Where there is a change in a firefighter’s pensionable pay, the contribution rate which applies from that date, is that specified for the revised amount of pensionable pay. For the purposes of ascertaining the rate of contribution, the pensionable pay does not include any payments made for continual professional development although these payments are included in pensionable pay for the purposes of calculating the pension contribution to be paid.