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

7.  In part G (pensionable pay and contributions)—

(a) in rule G1 (pensionable pay and average pensionable pay)—

(i) in paragraph (1)—

(aa) for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (9)”;

(bb) in sub-paragraph (a) for “part-time employee)” substitute “part-time employee) other than those amounts payable to the firefighter in respect of the benefits within rule B5C(5)”; and

(cc) for sub-paragraph (b) substitute—

“(b) the amount (if any) of any benefits which are pensionable under rule B5C(1).”;

(ii) for paragraph (4), substitute—

“(4) The relevant date—

(a) for the purposes of rule C7 (spouse’s or civil partner’s award where no other award payable), and the Compensation Scheme, is the date of the person’s last day of service as a regular firefighter, and

(b) for all other purposes of this Scheme, is the date of the person’s last day of service in a period during which contributions were payable under rule G2.”;

(iii) in paragraph (7C), omit “: continual professional development”; and

(iv) after paragraph (8) add—

“(9) Where before 1st July 2013 and after that date, any allowance or supplement is being paid to a firefighter which a fire and rescue authority treats as pensionable, but is not—

(a) pensionable pay within the meaning of paragraph (1)(a);

(b) additional pension benefit under rule B5B (long service increment); nor

(c) a payment in respect of a firefighter’s continual professional development under rule B5C,

that allowance or supplement is to continue to be treated as pensionable for so long as the firefighter receives it without any break in payment.”;

(b) in rule G2 (pension contributions)(1), after paragraph (4), insert—

“(4A) The Welsh Ministers must consult with the Scheme Actuary before making a notification under paragraph (4).”;

(c) in rule G2A (optional pension contributions during maternity and adoption leave)(2), after paragraph (2), insert—

“(2A) But in calculating the pay on which the contributions are made, any amount which the firefighter receives on account of a day’s work carried out under regulation 12A of the Maternity and Parental Leave etc Regulations 1999(3) or regulation 21A of the Paternity and Adoption Leave Regulations 2002(4)and which exceeds any maternity, paternity or parental leave pay due for that day, is to be disregarded.”;

(d) after rule G2A insert—

“G2B Aggregate pension contributions for the purposes of awards

(1) A regular firefighter’s aggregate pension contributions comprise—

(a) all payments made by the firefighter to a fire and rescue authority that fall within paragraph (2),

(b) all payments made by the firefighter in accordance with a notice under rule F2 (current service),

(c) all payments made by the firefighter in accordance with an election under rule G2A,

(d) all payments made by the firefighter in accordance with an election under rule G6, and

(e) if paragraph (3) applies, the amount of the notional award described in paragraph (4).

(2) The payments that fall within this paragraph are payments under this Scheme or a previous Scheme that relate to a period of service which the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon as pensionable service and have not been refunded to him, including payments made—

(a) by way of rateable deductions from pay,

(b) by way of such additional and further payments as were mentioned in articles 57 to 59 of the 1973 Scheme(5), or

(c) in accordance with such an undertaking as is mentioned in Part 1 of Schedule 6.

(3) This paragraph applies where the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon pensionable service by reason of a period of service or employment otherwise than as a regular firefighter (“the previous employment period”).

(4) The notional award mentioned in paragraph (1)(e) is the award by way of return of contributions or analogous payment that would have been paid to the regular firefighter if, at the end of the previous employment period, the firefighter had voluntarily retired in circumstances entitling the firefighter to such an award under the applicable superannuation arrangements.”;

(e) in rule G3 (election not to pay pension contributions)—

(i) in paragraph (1), for “Subject to paragraphs (1A) and (8)” substitute “Subject to paragraph (1A)”;

(ii) in paragraph (1A), omit “continual professional development”;

(iii) in paragraph (2), for “Subject to paragraphs (3) and (3A), an election” substitute “An election”; and

(iv) omit paragraphs (3) to (8);

(f) omit rule G4 (continued payment of additional and further contributions); and

(g) in rule G6 (election to purchase increased benefits), for paragraph (4) substitute—

“(4) An election to pay periodical contributions must be made at least 2 years before the person’s normal pension age, but no such election may be made if the fire and rescue authority so resolve, unless the person has at their own expense undergone a medical examination and satisfied the authority as to his or her good health.”

(1)

Rule G2(3) to (5) inserted by S.I. 2007/1074 (W. 112).

(2)

Rule G2A inserted by S.I. 2004/1912.

(3)

S.I. 1999/3312.

(4)

S.I. 2002/2788.

(5)

S.I. 1973/966.