PART 4Modification of tax regime
Lifetime allowance charge
13.—(1) This regulation applies to a person (P) who—
(a)is a member of an old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2013 Act (final salary link);
(b)is a member of the new scheme by virtue of pensionable service for the new scheme;
(c)is being paid an upper or a lower tier ill-health pension under regulation 74 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the Firefighters’ Pension Scheme (Wales) Regulations 2015; and
(d)has an ill-health pension paid from the new scheme reduced as a consequence of P becoming entitled to payment of a scheme pension (within the meaning of paragraph 2 of Schedule 28 to the Finance Act 2004(1)) under the old scheme.
(2) Section 216 of the Finance Act 2004(2) (benefit crystallisation events and amounts crystallised) is modified in its application to P as specified in paragraph (3).
(3) The payment of any scheme pension from the old scheme to P is treated as if it was not a benefit crystallisation event within the meaning of section 216 of the Finance Act 2004.
Annual allowance charge
14.—(1) This regulation applies to a person (P), who—
(a)is a member of an old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2013 Act (final salary link);
(b)is a member of the new scheme by virtue of pensionable service for the new scheme; and
(c)becomes entitled to payment of a lower tier ill-health pension under regulation 74 of the Firefighters’ Pension Scheme (Wales) Regulations 2015.
(2) Section 234 of the Finance Act 2004(3) (defined benefits arrangements) is modified in its application to P as specified in paragraph (3).
(3) When calculating the closing value of P’s rights under the new scheme for the pension input period during which P becomes entitled to payment of the lower tier ill-health pension, the element of the lower tier ill-health pension that represents pensionable service for the old scheme is not to be counted as being part of the closing value.
2004 c. 12. Paragraph 2 was amended by sections 101 and 104 of, and paragraph 11 of Schedule 10 and Part 4 of Schedule 11 to, the Finance Act 2005 (c. 7); by section 161 of, and paragraph 20 of Schedule 23 to, the Finance Act 2006 (c. 25); by section 70 of, and paragraph 7 of Schedule 20 to, the Finance Act 2007 (c. 11); by section 51 of the Finance Act 2013 (c. 29); and by S.I. 2007/493.
Section 216 was amended by section 101 of, and paragraphs 1 and 31 of Schedule 10 to, the Finance Act 2005 (c. 7); section 161 of, and paragraphs 1 and 30 of Schedule 23 to, the Finance Act 2006 (c. 25); by section 92 of, and paragraphs 1, 4 and 5 of Schedule 29 to, the Finance Act 2008 (c. 9); and by section 65 of, and paragraphs 43, 62 and 73 of Schedule 16 to, the Finance Act 2011 (c. 11).
Section 234 was amended by section 66 of, and paragraphs 1, 10 and 17 of Schedule 17 to, the Finance Act 2011 (c. 11).