The Police and Firefighters’ Pensions (Remediable Service) (Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831) and the Firefighters’ Pensions (Remediable Service) Regulations 2023 (S.I. 2023/843) (together “the Remediable Service Regulations”).

The Remediable Service Regulations make provision, further to that in the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“PSPJOA 2022”), to remedy the unlawful discrimination on the basis of age that was found to result from the transitional protections afforded to certain cohorts of members of legacy pension schemes (the schemes established by the Police Pensions Regulations 1987 (S.I. 1987/257), the Police Pensions Regulations 2006 (S.I. 2006/3415), the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129) and the Firefighters’ Pension Scheme (England) Order 2006 (S.I. 2006/3432)).

These Regulations correct minor errors in the Remediable Service Regulations and make additional provision that was omitted from those Regulations.

Regulation 2 amends the Police Pensions (Remediable Service) Regulations 2023. Regulation 2(4) makes new provision for a member who would have been able to transfer in service to the scheme established by the Police Pensions Regulations 1987 or the Police Pensions Regulations 2006 during the relevant period. Such service may now be transferred in, provided certain conditions are met.

Regulation 3 amends the Firefighters’ Pensions (Remediable Service) Regulations 2023. Regulation 3(3) makes new provision for the re-assessment of entitlement to ill-health benefits for certain members with remediable service.

These Regulations are scheme regulations under the Public Service Pensions Act 2013 (c. 25) and in accordance with PSPJOA 2022 in relation to a member’s remediable service in a police or firefighters’ pension scheme. They are, to the extent required by section 27 of PSPJOA 2022, made in accordance with Treasury directions under that section (in the form of the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022). These Regulations have retrospective effect, which is authorised by section 3(3)(b) of the Public Service Pensions Act 2013.

An impact assessment has not been completed for these Regulations as no, or no significant, impact on the private, voluntary or public sectors is foreseen.