The Police and Firefighters’ Pensions (Amendment) Regulations 2018

CHAPTER 1

Amendments to the Firefighters’ Pension Scheme Order 1992

39.  The Firefighters’ Pension Scheme Order 1992(1) is amended in accordance with regulations 40 and 41.

Increases to split pensions: 1992 Scheme

40.  In rule B5A (entitlement to two pensions)(2) after paragraph (3) insert—

“(3A) The amount of the first pension determined under paragraph (3) or (4B)(a), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter’s last day of service at the higher rate of pay, to which the Pensions (Increase) Act 1971(3) applied.”.

Commutation of small pension credits: 1992 Scheme

41.  In rule IA2(1)(4) (commutation of the pension credit benefits), for “In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)” substitute “Where the amount of pension payable under rule IA1 does not exceed the trivial commutation lump sum limit in paragraph 7 of Schedule 29 to the Finance Act 2004 (lump sum rule)(5)”.

(1)

S.I. 1992/129; notwithstanding the repeal of the Fire Services Act 1947 and the Fire Services Act 1959 by sections 52 and 54 of and, Schedule 2 to the Fire and Rescue Services Act 2004 (by virtue of which this Order would have lapsed), it continues in force by virtue of article 3(1) of SI 2004/2306, and article 3(1) of SI 2004/2918; the name of the scheme in England and Scotland was changed to the Firefighters’ Pension Scheme by article 4(1) of S.I. 2004/2306.

(2)

Rule B5A was inserted in relation to England by S.I. 2008/214 and was amended in relation to England by S.I. 2013/1392 and S.I. 2015/589.

(3)

1971 c. 56.

(4)

Rule IA2 was inserted by S.I. 2001/3691; paragraph (1) was amended in relation to England by S.I. 2005/2980; the rule was revoked in relation to England, with savings, by S.I. 2006/3432.

(5)

2004 c. 12; there are amendments to Part 1 of Schedule 29 not relevant to these Regulations.