The Firefighters’ Pension Schemes (England) (Amendment) Order 2023

Amendment of Part 3

3.—(1) Part 3 (personal awards) is amended as follows.

(2) In rule 2A (retrospective award on ill-health retirement), for paragraph (3) substitute—

“(3) An application under paragraph (2) must be made—

(a) where the person is purchasing service following an application under rule 5A (purchase of service during the limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the authority under rule 5A(13) of that Part;

(b) where the person is purchasing service following an application made under rule 5B (purchase of service during the extended limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(13) of that Part.”.

(3) In rule 2A, after paragraph (14), insert—

“(15) A member who was, on or before the second initial date, in receipt of a retrospective award under this rule may apply for a recalculated retrospective award, where the member has purchased additional service following an application made under rule 5B of Part 11 (“the additional service”).

(16) An application under paragraph (15) must be made during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(13) of Part 11.

(17) Following an application under paragraph (15), the authority must pay a lump sum equal to the difference between—

(a) the amount of the lump sum and pension paid under paragraph (12) before the date of the application under paragraph (15), and

(b) the lump sum and pension amount that would have been paid under paragraph (12) before the date of the application, had those payments taken into account the additional service.

(18) From the date of the application under paragraph (15), the authority must pay an ill-health pension calculated in accordance with paragraph (12), which takes into account the additional service.

(19) An application under paragraph (15) must be referred to the Scheme Actuary, who must calculate the amounts payable under paragraphs (17) and (18).”.