The Firefighters’ Pension Scheme (Amendment) (No.2) (England) Order 2013

14.  In Part LA (Firefighters’ Pension Fund)—

(a) in rule LA2 (special payments and transfers into Firefighters’ Pension Fund)—

(i) in paragraph (1), for “paragraphs (2) to (8)” substitute “paragraphs (2) to (10)”;

(ii) in paragraph (4)—

(aa) in sub-paragraph (b) for “ill-health award,” substitute “ill-health award; or”; and

(bb) after sub-paragraph (b), insert—

“(c) with an entitlement to payment of a deferred pension under rule B5(4)(b),”;

(iii) in paragraph (6)—

(aa) in sub-paragraph (a), omit “or”;

(bb) in sub-paragraph (b), for “comes into force.” substitute “comes into force; or”; and

(cc) after sub-paragraph (b), insert—

“(c) on the date on which a deferred pension under rule B5(4)(b) comes into payment.”; and

(iv) after paragraph (8), insert—

“(9) Where an authority exercises its discretion not to withdraw the payment in whole or in part of any pension under rule K4 (withdrawal of pension whilst employed by a fire and rescue authority), the authority shall in the financial year in which payment is not withdrawn, transfer into the FPF an amount equal to the amount of pension paid during that financial year to that person which could have been abated or withdrawn.

(10) Where an authority pays an increased lump sum under rule B7(5A) (commutation–general provision), in respect of a firefighter, the authority shall in the financial year in which payment is made transfer into the FPF an amount equal to the difference between the actual commuted portion of the pension and the commuted lump sum of two and a quarter times the full amount of the pension paid during that financial year to that firefighter.”; and

(b) in rule LA3 (transfer from firefighters’ pension fund), for paragraph (5)(a) substitute—

“(a) a higher tier ill-health pension or a lower tier ill-health pension, or a deferred pension under rule B5(4)(b) is wholly and permanently withdrawn under rule K5 (withdrawal of pension on conviction of certain offences); and”.