The Firefighters’ Pension Scheme (England) (Amendment) Order 2008

11.  In Part 11 (pensionable pay, pension contributions and purchase of additional service)—

(a) in rule 1 (pensionable pay)—

(i) in paragraph (1), for the words from “other than” to the end of sub-paragraph (a), substitute “except any allowance or emoluments paid to him on a temporary basis, other than payments in respect of his continual professional development (see rule 7B of Part 3), and”; and

(ii) in paragraph (5), for “December” (in both places), substitute “September”;

(b) in rule 2 (final pensionable pay)—

(i) after paragraph (1), insert—

“(1A) Where the pensionable pay received by a firefighter in respect of the 365 pensionable pay days referred to in paragraph (1) includes an amount in respect of his continual professional development (see rule 7B of Part 3), that amount shall be disregarded for the purpose of ascertaining his final pensionable pay.”;

(ii) in paragraph (2)(a)(i), omit the words after “higher rate”;

(iii) in paragraph (4), for “paragraph (6)” substitute “paragraph (7)”;

(iv) after paragraph (5) insert—

“(5A) The final pensionable pay of a firefighter member who—

(a) is entitled to a long service increment; and

(b) retires after 30th September 2006 and before 1st October 2007, or becomes entitled to a deferred pension under rule 3 of Part 3 within that period,

shall be calculated—

(i) as if his long service increment had accrued at the rate of £990 per annum (disregarding the reduction that had effect in relation to times on and after 1st October 2006), and

(ii) disregarding any LS-related payment.

(5B) The final pensionable pay of a firefighter member who—

(a) retires or becomes entitled to a deferred pension on or after 1st October 2007, and

(b) is entitled to additional pension benefit under rule 7A of Part 3 (additional pension benefit: long service,

shall be calculated taking into account whichever of the following paragraphs yields the greater amount—

(i) the calculation is made with regard to the amount credited to him under rule 7A of Part 3 but without regard to his long service increment and any LS-related payment, or

(ii) the calculation is made with regard to his long service increment and any LS-related payment, but without regard to the amount credited to him under rule 7A of Part 3.

(5C) In paragraphs (5A) and (5B) “LS-related payment” means an interim or transitional payment connected with a firefighter member’s long service.”;

(c) for paragraph (6), substitute—

“(6) The final pensionable pay of a retained or volunteer firefighter shall be determined by reference to the final pensionable pay of a regular firefighter employed in a similar role and with equivalent qualifying service.”; and

(d) in rule 9 (periodical contributions in respect of unpaid service or absence), in paragraph (1)(a), for “rule 8(1)” substitute “rule 7(1)”.