The Firefighters’ Pensions (Remediable Service) Regulations 2023

Application and interpretation of Chapter 1

17.—(1) This Chapter applies in relation to—

(a) a pension credit member (“C”),

(b) the corresponding pension debit member (“D”), and

(c) the pension sharing order by virtue of which C became a pension credit member in relation to D’s remediable service as a firefighter (the “relevant pension sharing order”).

(2) In this Chapter—

“appropriate person” means—

(a)

D, or

(b)

where D is deceased, D’s personal representatives;

“C” means the pension credit member mentioned in paragraph (1)(a);

“cash equivalent” means an amount calculated in accordance with regulations made under section 30 of WRPA 1999(1);

“corresponding pension debit member” means the remedy member referred to in sub-paragraph (c) of the definition of “pension credit member”;

“D” means the corresponding debit member mentioned in paragraph (1)(b);

“pension credit member” means a member of a firefighters‘ pension scheme who has rights under the scheme—

(a)

which are attributable (directly or indirectly) to a pension credit(2);

(b)

which arise by virtue of a pension sharing order with a transfer day on or after 1st April 2015, and

(c)

the value of which was determined (to any extent) by reference to the value of benefits payable in respect of the remediable service as a firefighter of a remedy member;

“pension sharing order” means the order or provision by virtue of which section 29 of WRPA 1999 applies in relation to a pension credit member and the corresponding pension debit member;

“relevant pension sharing order” has the meaning given in paragraph (1)(c);

“remediable relevant benefits” means the benefits or future benefits described in section 29(4) and (5) of WRPA 1999 to which D is entitled by virtue of remediable shareable rights;

“remediable shareable rights” means D’s shareable rights secured by virtue of D’s remediable service as a firefighter during the period beginning on 1st April 2015 and ending on the earlier of—

(a)

the day before the transfer date, or

(b)

the last day of D’s remediable service as a firefighter;

“shareable rights” has the meaning given in section 27(2) of WRPA 1999;

“transfer day” means the day on which the relevant pension sharing order takes effect;

“valuation day” has the meaning given in section 29(7) of WRPA 1999.

(1)

In accordance with section 110(1) of the PSPJOA 2022, “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30).

(2)

See section 19(7) of the PSPJOA 2022 for the meanings of “pension debit” and “pension credit”.