PART 4Modification of tax regime

Annual allowance charge14.

(1)

This regulation applies to a person (P) who—

(a)

is a member of an old scheme whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 to the 2013 Act;

(b)

is a member of the new scheme by virtue of pensionable service for the new scheme; and

(c)

becomes entitled to payment of a lower tier ill-health pension under regulation 65 of the Firefighters’ Pension Scheme (England) Regulations 2014.

(2)

Section 234 of the Finance Act 200419 (defined benefits arrangements) is modified in its application to P as specified in paragraph (3).

(3)

When calculating the closing value of P’s rights under the new scheme for the pension input period during which P becomes entitled to payment of the lower tier ill-health pension, the element of the lower tier ill-health pension that represents pensionable service for the old scheme is not to be counted as being part of the closing value.