The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019

CHAPTER 1 Firefighters’ Pension Scheme Order 1992

Amendments to the Firefighters’ Pension Scheme Order 1992

12.  Schedule 2 to the Firefighters’ Pension Scheme Order 1992(1) (“the Order”) (in which the Firefighters’ Pension Scheme is set out) is amended in accordance with regulations 13 to 17.

Amendment to Part B (personal awards)

13.  In rule B5A (entitlement to two pensions)(2)—

(a) in paragraph (2), for “exceeds” substitute “is lower than”;

(b) in paragraph (6), after “B1” insert “B1A,”;

(c) in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.

Amendments to Part C (awards on death – spouses)

14.—(1) In rule C1 (spouse’s ordinary pension)—

(a) in paragraph (2)(3), after “spouse” insert “or surviving civil partner”;

(b) omit paragraph (2A)(4).

(2) In rule C4 (spouse’s accrued pension)(5) in paragraph (3)—

(a) in sub-paragraph (a,) after “spouse” insert “or surviving civil partner”;

(b) omit sub-paragraph (b) and the “and” preceding it.

(3) In rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)(6)—

(a) in paragraph (2), after “spouse” insert “or surviving civil partner”;

(b) omit paragraph (3).

(4) In rule C6 (spouse or civil partner’s requisite benefit and temporary pension), in paragraph (4)(7)—

(a) in sub-paragraph (a) omit “in the case of a surviving spouse,”;

(b) omit sub-paragraph (b) and the “and” preceding it.

(5) In rule C8 (limitation where spouses living apart) in paragraph (2)(8)—

(a) in sub-paragraph (a), omit “in the case of a surviving spouse,”;

(b) omit sub-paragraph (b) and the “and” preceding it.

Amendments to Part J (special cases)

15.  In rule J1 (guaranteed minimum pensions)(9)—

(a) for paragraph (2)(b) substitute—

“(b) in the case of a person who dies at any time and leaves a widow, a surviving same-sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased person’s guaranteed minimum, and”;

(b) in paragraph (2), omit sub-paragraph (d) and the “and” preceding it;

(c) in paragraph (4), for “, (c) or (d)” substitute “or (c)”.

Amendment to Schedule 1 to the scheme

16.  Omit paragraphs 1 and 2 of Part 3 (provision relating to same sex couples) of Schedule 1 to the Firefighters’ Pension Scheme (in Schedule 2 to the Order)(10).

Amendments to Schedule 3 to the scheme

17.  In Schedule 3 (awards on death – spouses) to the Firefighters’ Pension Scheme (in Schedule 2 to the Order)—

(a) in Part 3 (spouse’s accrued pension)—

(i) in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”,

(ii) in paragraph 3(1), after “spouse” insert “or surviving civil partner”;

(b) in Part 4 (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1)(11) and 2(1), after “surviving spouse” insert “or surviving civil partner”.

(1)

S.I. 1992/129; 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 by article 2 of, and paragraph 1 of the Schedule to, S.I. 2008/214; there are amendments to paragraph (2) which are not relevant to this instrument; paragraph (9) was inserted by regulation 4 of, and paragraph 2(h) of Schedule 3 to, S.I. 2015/589.

(3)

Paragraph 2 of rule C1 was substituted by article 2 of, and paragraph 3(a) of the Schedule to, S.I. 2013/1392.

(4)

Paragraph (2A) of rule C1 was inserted by article 2 of, and paragraph 3(b) of Schedule 1 to, S.I. 2005/3228.

(5)

Paragraph (3) of rule C4 was substituted by article 2 of, and paragraph 6(b) of Schedule 1 to, S.I. 2005/3228.

(6)

Rule C5 was substituted by article 2 of, and paragraph 7 of Schedule 1 to, S.I. 2005/3228; paragraphs (2) and (3) were amended by article 2 of, and paragraph 17 of Schedule 1 to, S.I. 2006/1810.

(7)

Rule C6 was substituted by article 2 of, and paragraph 18 of Schedule 1 to, S.I. 2006/1810.

(8)

Paragraph (2) of rule C8 was substituted by article 2 of, and paragraph 10(b) of Schedule 1 to, S.I. 2005/3228; it was amended by article 2 of, and paragraph 20(b) of Schedule 1 to, S.I. 2006/1810.

(9)

Paragraph (2)(b) of rule J1 was amended by article 2 of, and paragraph 20(a) of Schedule 1 to, S.I. 2005/3228; paragraph (2)(d) was substituted by article 2 of, and paragraph 11 of the Schedule to, S.I. 2013/1392.

(10)

Part 3 of Schedule 1 to the scheme was inserted by article 4 of, and paragraph 17 of Part 2 of Schedule 3 to, S.I. 2014/560; there is an amendment to paragraph 1 not relevant to this instrument.

(11)

Part 4 was substituted in relation to England by article 2 of, and paragraph 83(b) of the Schedule to, S.I. 2005/2980; paragraph 1(1) was amended by article 2 of, and paragraph 62(c)(i) of Schedule 1 to, S.I. 2006/1810.