The Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2018

• Citation: S.I. 2018/576 (W.)
• Sections: 9

Section 1 Title and commencement

(1) The title of these Regulations is the Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2018.

(2) These Regulations come into force on 1 June 2018.

(3) Subject to paragraph (4), the amendments made by these Regulations have effect from 1 April 2015.

(4) The amendments made by regulation 8(3) have effect from 1 June 2018.

Section 2 Amendment of the Firefighters’ Pension Scheme (Wales) Regulations 2015

The Firefighters’ Pension Scheme (Wales) Regulations 2015 which establish the Firefighters’ Pension Scheme (Wales) 2015 are amended in accordance with regulations 3 to 8.

Section 3 Amendment of Part 3 (scheme membership)

In Part 3 (scheme membership), in the English text of regulation 30 (pension credit member), for “WPRA 1999” substitute “ WRPA 1999” .

Section 4 Amendment of Part 5 (retirement benefits)

In Part 5 (retirement benefits), in regulation 80A (option to commute part of an equivalent amount), after paragraph (3) insert—

(4) Where the person is entitled to the immediate payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule B7 (commutation – general provision) of the 1992 Scheme.

Section 5 Amendment of Part 6 (death benefits)

(1) Part 6 (death benefits) is amended as follows.

(2) In regulation 87(1) (surviving partner’s pension payable on death of active member), for “more than”, substitute “at least”.

(3) In regulation 101(3) and (4) (bereavement pension: eligible child), for “surviving partner’s pension”, in each place where the words occur, substitute “eligible child’s pension”.

Section 6 Amendment of Part 8 (contributions)

(1) Part 8 (contributions) is amended as follows.

(2) In regulation 120(2) (contributions during absence from work due to illness, injury, trade dispute or authorised absence), after “may” insert “elect to”.

(3) In regulation 128(5) (refund of employer additional contribution for ill health award following review), after “in respect of P”, in the first place where those words occur, insert “from the date when the entitlement ceased”.

Section 7 Amendment of Part 9 (firefighters’ pension fund)

In Part 9 (firefighters’ pension fund), in the English text of regulation 137(2)(b) (actual deficits), after “must repay it” insert “to”.

Section 8 Amendment of Schedule 2 (transitional provisions)

(1) Schedule 2 is amended as follows.

(2) In Part 3A (payment of ill-health benefits to transition members)—

(a) in paragraph 22(2)(a), after “rule 2” insert “of Part 3”; and

(b) in paragraph 25(2), for both occurrences of “B1A(3)(i)” substitute “B1A(3)(a)”.

(3) In Part 3C (transitional provisions relating to the NFPS and the 1992 Scheme)—

(a) in paragraph 37—

(i) for the heading “Scheme manager determines member of the NFPS is not entitled to an ill-health award” substitute “Authority determines the entitlement of a member of the NFPS to an ill-health award”;

(ii) in sub-paragraph (2), for “If this paragraph applies,” substitute “If the authority subsequently determines that the member of the NFPS is not entitled to an ill-health award,”; and

(iii) after sub-paragraph (2) insert—

(3) If the authority subsequently determines that the member of the NFPS is entitled to an ill-health award—

(a) the member does not join this scheme;

(b) the member continues to be a member of the NFPS; and

(c) the ill-health award is payable under rule 2 of Part 3 (awards on ill-health retirement) of the NFPS.

(b) in paragraph 38—

(i) for the heading “Scheme manager determines member of the 1992 Scheme is not entitled to an ill-health award” substitute “Authority determines the entitlement of a member of the 1992 Scheme to an ill-health award”;

(ii) in the opening words of sub-paragraph (2), for “If this paragraph applies,” substitute “If the authority subsequently determines that the member of the 1992 Scheme is not entitled to an ill-health award,”;

(iii) in sub-paragraph (2)(b), for “H2A (appeals against opinion based on medical advice)” substitute “H2 (appeal against opinion on a medical issue)”; and

(iv) after sub-paragraph (2) insert—

(3) If the authority subsequently determines that the member of the 1992 Scheme is entitled to an ill-health award—

(a) the member does not join this scheme;

(b) the member continues to be a member of the 1992 Scheme; and

(c) the ill-health award is payable under rule B3 (ill-health awards) of the 1992 Scheme.

Section 9 Amendment of the Firefighters’ Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015

In the preamble to the Firefighters’ Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015 omit “(6) and (7),”.