The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (Wales) Order 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 2 to the Firemen’s Pension Scheme Order 1992 (which sets out the Firefighters’ Pension Scheme (Wales) 1992) and Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007 (which sets out “the 2007 Pension Scheme”), to extend the period during which persons who were employed in Wales as retained firefighters have access to a pension scheme.

The Firefighters’ Pension Scheme (Wales) (Amendment) Order 2014 amended the 2007 Pension Scheme to provide those persons who were employed in Wales as retained firefighters during the period from 1 July 2000 to 5 April 2006 inclusive with access to a pension scheme for that period. This Order extends that period so that it can begin from 7 April 2000, or, in cases where a person was employed as a retained firefighter on 7 April 2000 and first took up that employment on an earlier date, this Order extends that period so that it begins on that earlier date (“the extended limited period”).

Schedule 1 to this Order amends the 2007 Pension Scheme.

Paragraphs 1 and 2 amend Parts 1 (title and interpretation) and 2 (scheme membership, cessation and retirement) of the 2007 Pension Scheme to provide for the extended limited period.

Paragraph 3 amends Part 3 (personal awards) of the 2007 Pension Scheme to provide for applications for recalculations of retrospective awards on ill-health retirement where a person purchases service in relation to the extended limited period.

Paragraph 4 inserts new rules 1B and 1C into Part 5 (awards on death) of the 2007 Pension Scheme to provide for the award of death grants in relation to the extended limited period.

Paragraph 5 makes minor amendments to Part 10 (qualifying service and pensionable service) of the 2007 Pension Scheme to reflect the extended limited period.

Paragraph 6 inserts new rules 5B, 5C, 6D and 6E into Part 11 (pensionable pay, pension contributions and purchase of additional service) of the 2007 Pension Scheme. They provide for the purchase of service during the extended limited period and make provision in relation to payments to an authority for that service.

Paragraph 7 amends Part 12 (transfers into and out of the Scheme) of the 2007 Pension Scheme and inserts rules 19 and 20 into that Part, to provide for the conversion of service purchased during the extended limited period. It also provides for cases where a conversion decision was made previously, and service is now purchased during the extended limited period.

Paragraphs 8 and 9 amend Part 14 (payment of awards) and Annex 1 (ill health pensions) of the 2007 Pension Scheme respectively to make provision relating to the extended limited period.

Article 3 of this Order makes a consequential amendment to the Firefighter’s Pension Scheme (Wales) 1992, which is set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992.

This Order also amends the Firefighters’ Compensation Scheme (Wales) Order 2007. Schedule 2 amends Schedule 1 to that Order to allow awards to be made in relation to injury sustained while a person is performing certain duties other than fire-fighting under a temporary secondary employment with the same fire and rescue authority. In those cases, any injury will be treated as if it were sustained under the person’s primary employment, and consequently an award will be based on service and pay under that primary employment. The amendments also provide that where a person is performing duties under a secondary retained employment with the same fire and rescue authority, any injury will be treated as if it were sustained under the person’s regular service employment, meaning that an award will be based on the person’s service and pay under that regular service contract.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Fire Services Branch, Welsh Government, Rhydycar, Merthyr Tydfil, CF48 1UZ and is published on www.gov.wales.