2014 No. 446

Fire And Rescue Services, England
Pensions, England

The Firefighters’ Pension Scheme (Amendment) (England) Order 2014

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 26(1) to (5) of the Fire Services Act 19471 makes the following Order:

Citation, commencement, application and interpretation1

1

This Order may be cited as the Firefighters’ Pension Scheme (Amendment) (England) Order 2014 and comes into force on 1st April 2014.

2

The Order applies in relation to England only2.

3

In this Order, “the Scheme” means the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 19923.

Amendment of the Firemen’s Pension Scheme Order 19922

1

Schedule 2 to the Firemen’s Pension Scheme Order 1992 is amended as follows.

2

In Schedule 1 (interpretation) to the Scheme, in Part 1 (glossary of expressions)4

a

after the entry for the expression “mixed-rate service”—

i

in the first column insert “New Firefighters’ Pension Scheme (England)”, and

ii

in the second column insert “the New Firefighters’ Pension Scheme (England) set out in Schedule 1 to the Firefighters’ Pension Scheme (England) Order 20065.”;

b

in the entry for the expression “retained firefighter and volunteer firefighter”—

i

in the first column omit “and volunteer firefighter”; and

ii

in the second column after “regular firefighter” insert “or as a volunteer firefighter”;

c

after the entry for the expression “tax year”—

i

in the first column insert “volunteer firefighter”; and

ii

in the second column insert—

A person employed by an authority—

a

as a firefighter but not as a regular firefighter or as a retained firefighter;

b

on terms under which he is, or may be, required to engage in firefighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire fighting);

c

otherwise than in a temporary capacity; and

d

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.

3

In Schedule 6 (pensionable service and transfer values)6 to the Scheme, in Part 4 (amount of transfer value)—

a

in paragraph 2 for “Where” substitute “Subject to paragraph 7, where”;

b

after paragraph 6, insert—

7

Where a transfer value is payable to the scheme managers of the New Firefighters’ Pension Scheme (England) in the case of a person who—

a

immediately after the termination of his employment as a regular firefighter on or after 1st July 2000, took up employment as a retained firefighter;

b

is a special firefighter member of the New Firefighters’ Pension Scheme (England) under rule 1A(1) of Part 2 (scheme membership, cessation and retirement) of that Scheme from 1st July 2000, or if later, from the date before 6th April 2006 on which he took up employment as a retained firefighter;

c

has elected under rule 6A (election to purchase service during the limited period) of Part 11 (pensionable pay, pension contributions and purchase of additional service) of the New Firefighters’ Pension Scheme (England) to pay the pension contributions required as a special firefighter member from that date;

d

has elected under rule 11A (transfer of accrued rights under the 1992 Scheme to special membership under this Scheme) of Part 12 (transfers into and out of the Scheme) of the New Firefighters’ Pension Scheme (England) to transfer his accrued rights under this Scheme to his special membership of the New Firefighters’ Pension Scheme (England) at the same time as his election under rule 6A of Part 11 of that Scheme,

the amount of the transfer value is the equivalent value to the total of A/45 of pensionable service where A is the total in years of pensionable service, not exceeding 30 years.

4

Part A1 of Schedule 8 (pension contributions) to the Scheme is amended as follows—

a

for paragraph 1(2)(b) substitute—

b

pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a regular firefighter by the fire and rescue authority in respect of any benefits which are pensionable under rule B5C of Part B, but those payments shall be included in his pensionable pay for the purposes of the application of the rate specified in the second column.

b

for paragraph 2(2)(b) substitute—

b

pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a part-time regular firefighter by the fire and rescue authority in respect of any benefits which are pensionable under rule B5C of Part B, but those payments shall be included in his pensionable pay for the purposes of the application of the rate specified in the second column.

c

for the Table in paragraph 3 substitute—

Pensionable pay

Contribution rate from 1st April 2014 (percentage of pensionable pay)

Up to and including £15,000

11.0%

More than £15,000 and up to and including £21,000

12.2%

More than £21,000 and up to and including £30,000

14.2%

More than £30,000 and up to and including £40,000

14.7%

More than £40,000 and up to and including £50,000

15.2%

More than £50,000 and up to and including £60,000

15.5%

More than £60,000 and up to and including £100,000

16.0%

More than £100,000 and up to and including £120,000

16.5%

More than £120,000

17.0%

Signed by authority of the Secretary of State for Communities and Local Government

Brandon LewisParliamentary Under Secretary of StateDepartment for Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Firefighters’ Pension Scheme 1992 (set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992) as it has effect in England.

Article 2(2) amends the definition of “retained firefighter” and “volunteer firefighter” so that they are now defined separately.

Article 2(3) is consequential on the amendments made to the New Firefighters’ Pension Scheme (England) by the Firefighters’ Pension Scheme (England) (Amendment) Order 2014 (S.I. 2014/445) which provide those persons who were employed in England as retained firefighters between 1st July 2000 and 6th April 2006 with access to a pension scheme for that period. Article 2(3) amends Part 4 of Schedule 6 to the Firefighters’ Pension Scheme 1992 to provide a different amount of transfer value where the member of that Scheme meets certain requirements.

Article 2(4) amends Part A1 of Schedule 8 to the Scheme to specify the pension contribution rates for regular firefighters payable from 1st April 2014.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.