The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023

Application and interpretation of Section 2

21.—(1) This Section applies where, before 1 October 2023, the scheme manager has provided information for the purpose of determining amounts under section 29 of WRPA 1999 in respect of a remedy member’s remediable service.

(2) In this Section—

“alternative amount” (“swm amgen”) has the meaning given in regulation 22;

“alternative reduction amount” (“swm lleihau amgen”) and “alternative reduction amounts” (“symiau lleihau amgen”) have the meaning given in regulation 25(3) and (4);

“alternative scheme” (“cynllun amgen”), in relation to a pension sharing order that does not relate to mixed service, means—

(a)

where the initial scheme is D’s legacy scheme, the 2015 scheme;

(b)

where the initial scheme is the 2015 scheme, D’s legacy scheme;

“C’s pension account” (“cyfrif pensiwn C”) has the meaning given in regulation 24(4);

“initial amount” (“swm cychwynnol”) means the total amount determined for the purposes of the relevant pension sharing order under section 29(2) and (3) of WRPA 1999 in relation to D’s remediable shareable rights;

“initial reduction amount” (“swm lleihau cychwynnol”) means the amount by which D’s remediable relevant benefits were reduced pursuant to the relevant pension sharing order;

“initial scheme” (“cynllun cychwynnol”), in relation to a relevant pension sharing order that does not relate to mixed service, means the firefighters’ pension scheme in respect of which an initial amount or initial reduction amount was determined;

“remediable credit adjustment” (“addasiad credyd rhwymedïol”) has the meaning given in regulation 23(2).

(3) For the purposes of this Section, a relevant pension sharing order relates to mixed service if it complies with paragraph (4).

(4) A relevant pension sharing order complies with this paragraph if—

(a) it specifies an appropriate amount in accordance with section 29(2) or (3) of WRPA 1999,

(b) the amount is specified by reference to the value of remediable relevant benefits to which D is entitled,

(c) D is entitled to those benefits by virtue of remediable shareable rights secured in both D’s legacy scheme and the 2015 scheme,

(and, accordingly, a relevant pension sharing order does not relate to mixed service if it specifies an appropriate amount by reference to remediable shareable rights secured in only one of those schemes).