Statutory Instruments made by the National Assembly for Wales

(a) a person who on or after 6 April 2006 takes up employment with an authority as a firefighter, and whose role on taking up that employment includes—


(i) resolving operational incidents, or

(ii) leading and supporting others in the resolution of operational incidents;



(b) a person who—



(i) having taken up employment as a firefighter before 6 April 2006,

(ii) having continued in such employment until the date of the member's election, and

(iii) having been a member of the 1992 Scheme,



elects to become a member of this Scheme; and

(c) a person to whom article 3(3) of the Firefighters' Pension Scheme (Wales) Order 2007 refers (persons becoming members of the 1992 Scheme on taking up employment with an authority on or after 6 April 2006 and before that Order comes into force).

    (2) A person may not be a firefighter member of this Scheme if that person makes a contributions election (but the person may again become a firefighter member by virtue of rule 6(4)).

    (3) A person is a deferred member of this Scheme if the person is entitled to a deferred pension under rule 3 of Part 3.

    (4) A person is a pensioner member of this Scheme if the person is in receipt of a pension or other benefits under the Scheme in respect of that person's pensionable service or by reason of service credited to the Scheme under Part 12.

    (5) A person is a dependent member of this Scheme if that person is—

(a) a firefighter member who satisfies an eligibility condition and dies while employed by an authority; or

(b) a former firefighter member who—


(i) has been awarded a deferred pension under rule 3 of Part 3 which has not come into payment,

(ii) is in receipt of a deferred pension under that rule; or

(iii) is in receipt of a pension under any of rules 1, 2, 5 and 6 of Part 3,



{/d3} to the deceased's spouse, civil partner or nominated partner ("the survivor") for the survivor's life (a "survivor's pension").

    (2) A survivor's pension is not payable if the survivor (as the case may be) is convicted of the murder of the deceased; but this is subject to paragraph (4).

    (3) Subject to paragraph (5), where the survivor is convicted of the manslaughter of the deceased, the authority may, as they think fit, withhold the survivor's pension—

(a) in whole or in part, and

(b) permanently or temporarily.

    (4) Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—

(a) a survivor's pension is payable from the day after that on which the deceased died, and

(b) the authority must, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.

    (5) Where—

(a) a conviction of the description mentioned in paragraph (3) is quashed on appeal, and

(b) the authority have withheld any part of the survivor's pension,

(a) a firefighter member who satisfies one of the eligibility conditions and dies while employed by an authority;

(b) a pensioner member who is in receipt of a pension under this Scheme when the member dies; or

(c) a deferred member who is entitled to a deferred pension under this Scheme which is not in payment when the member dies.

(a) the deceased was a whole-time firefighter member at the time of the deceased's death,

(b) had the deceased lived, the deceased would have been entitled to two pensions under rule 7 of Part 3, and

(c) the product of the following formula is greater than three times that of the deceased's pensionable pay at the time of the deceased's death, expressed as an annual rate—



	(A × B)		D
3 × {		+ (		× E)},
	C		C

where

A is the amount of the deceased's pensionable pay on the deceased's last day of service that would have been used in the calculation of the deceased's pension under rule 7(3) of Part 3,

B is the deceased's pensionable service that would have been used in that calculation,

C is the deceased's qualifying service,

D is the deceased's pensionable service that would have been used in the calculation of the deceased's pension under rule 7(4) of Part 3, and

E is the deceased's pensionable pay at the time of the deceased's death,

the amount of the death grant is that greater amount.

    (4) Where the deceased was a part-time firefighter member at any time during the deceased's period of service (whether or not the deceased was a whole-time firefighter member for part of that period), the amount of the death grant is the greater of —

(a) three times the deceased's pensionable pay at the time of the deceased's death (which, if the deceased was then employed part-time, would be calculated at the part-time rate), expressed as an annual rate; and

(b) the product of the formula



F
	× H × 3,
G

where —

F is the deceased's pensionable service,

G is the deceased's qualifying service, and

H is the pensionable pay that the deceased would have received if, throughout the deceased's period of service, the deceased had been a whole-time firefighter of equivalent role and length of service.

    (5) Where the deceased—

(a) had become entitled to two pensions under rule 7(1) of Part 3 at the time of the deceased's death; and

(b) had been a part-time firefighter member during the period of service in respect of which the deceased was entitled to a second pension under rule 7(4) of that Part (whether or not the deceased had been a whole-time firefighter member for part of that period),

the amount is whichever is the greatest of—

(i) three times the deceased's pensionable pay at the time of the deceased's death, expressed as an annual rate,

(ii) the product of the formula specified in paragraph (3), and

(iii) the product of the formula specified in paragraph (4).

    (6) Where the deceased was absent from duty without pay immediately before the day on which the deceased died, the deceased's pensionable pay for the purposes of this rule, subject to paragraph (8), must be taken to be the amount, expressed as an annual rate, of the pay appropriate to the deceased's role and conditioned hours on the last occasion that the deceased received it.

    (7) In paragraph (6), "conditioned hours" ("oriau wedi'u pennu") means the number of hours that the deceased was required to work each week under the terms of the deceased's contract of employment.

    (8) The pensionable pay of a person who—

(a) had made an election under rule 4 of Part 10 (reckoning of unpaid period of absence) , and

(b) dies before making any payment under paragraph (4) of that rule,

(a) when the member attains the age of sixty five, or

(b) if it is later, when the pension sharing order under which the member is entitled to the pension credit takes effect.

"IQMP" ("YMCA") means independent qualified medical practitioner; and

"rule 3 response" ("ymateb rheol 3") means an IQMP's response under rule 3(2).

(a) has been in receipt of an ill-health pension for less than ten years, and

(b) is under state pensionable age,

the authority must consider, at such intervals as they think proper, whether the person has become capable—

(i) of performing any duty appropriate to the role from which the person retired on grounds of ill-health, and

(ii) of undertaking regular employment.

(a) the period during which the person is a firefighter member of the Scheme and for which the person receives pensionable pay;

(b) any period during which the person—


(i) is a firefighter member of the Scheme,

(ii) is on unpaid leave other than unauthorised absence,

(iii) has made an election under rule 4(1) of this Part, and

(iv) has paid such contributions as are required to be paid under rule 4(2) in respect of that period;



(c) in relation to the second pension under rule 7 of Part 3 (entitlement to two pensions), the period of qualifying service taken into account in calculating the first pension under that rule;

(d) any period of additional service purchased under Part 11;

(e) a period credited on acceptance of a transfer under Part 12;

(f) where the person was a member of the 1992 Scheme, the period of service used for determining the person's eligibility for an award under that Scheme; and

(g) any period of service that may be credited to the firefighter member resulting from maternity, paternity or adoption leave.

A is the number of completed years in the period, and

B is the number of completed days in any remaining part of a year.

    (4) The pensionable service of a part-time regular firefighter member must be calculated as a proportion of whole-time service by applying the formula—

A is the person's weekly contractual hours,

B is the weekly whole-time equivalent conditioned hours, and

C is the period of the person's part-time service in years (calculated in accordance with the formula in paragraph (3), and with regard to paragraph (2)),

and in this paragraph "conditioned hours" ("oriau wedi'u pennu") means the number of hours that the person was required to work each week under the terms of that person's contract of employment.

    (5) The pensionable service of a retained or volunteer firefighter for any year or part of a year of the firefighter's service must be assessed as a proportion of whole-time service in accordance with the formula—

A is the actual pensionable pay received in that year, and

B is the retained or volunteer firefighter's reference pay for that year.

    (6) Where, for the purpose of calculating an award payable to or in respect of a firefighter member—

(a) it is necessary to determine the firefighter member's pensionable service reckonable by reason of service or employment before or after a particular date ("the material date"), and

(b) by virtue of the receipt by an authority of a transfer value payment, the firefighter member is entitled to reckon a period of pensionable service ("the credited period") by reason of employment for a period ("the previous employment period") which includes that date,

the credited period counts as pensionable service reckonable by reason of employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

(a) the firefighter member's pay in relation to the performance of the duties of the firefighter member's role, other than any allowance or emoluments that are paid to the firefighter member on a temporary basis, and

(b) the firefighter member's permanent emoluments (including, in the case of a retained firefighter, any retaining allowance).

    (2) Where a firefighter member surrenders the right to receive part of the firefighter member's pensionable pay in exchange for the provision by the firefighter member's employing authority of any non-cash benefit, the amount forgone must continue to be treated as part of the firefighter member's pensionable pay for all purposes of this Scheme (including determining pension contributions and calculating awards).

    (3) A firefighter member's pensionable pay in any tax year must not be taken to include any amount in excess of the permitted maximum for that year.

    (4) For the purposes of this rule and rule 2, the permitted maximum for a tax year is £108,600; but in relation to a tax year other than the tax year ending in 2007, this is subject to paragraph (5).

    (5) Where the retail price index for the month of December in the tax year preceding the tax year in question is higher than it was for the previous December, the permitted maximum for the tax year in question shall be the amount arrived at —

(a) by increasing the permitted maximum for the previous tax year by the same percentage as the percentage increase in the retail prices index, and

(b) if the result is not a multiple of £600, by rounding it up to the nearest amount which is a multiple of £600.

(a) is a firefighter member of the Scheme,

(b) is not a pension credit member, and

(c) would be entitled to reckon less than forty years' pensionable service at normal retirement age.

    (3) Additional service may be purchased as years or part of a year, but the aggregate of—

(a) the period purchased,

(b) the person's pensionable service up to the date of the purchase, and

(c) the person's prospective service from that date to normal retirement age,

must not exceed forty years.

    (4) Additional service may be purchased—

(a) by payment of a lump sum calculated in accordance with tables provided by the Scheme Actuary; or

(b) subject to paragraphs (5) and (6), by deduction from the person's pensionable pay of periodical contributions of such percentage of that pay as are determined by the Scheme Actuary.

A is the number of 60ths of additional service which the person elected to purchase,

B is the period in respect of which contributions have been made, and

C is the period in respect of which contributions would, but for the cessation of the person's employment, have been made in accordance with the election.

    (4) The period of additional service calculated in accordance with paragraph (3) is treated—

(a) where the person qualifies for an ordinary pension (rule 1 of Part 3), as part of the pensionable service on which the ordinary pension is calculated;

(b) where the person qualifies for a deferred pension (rule 3 of Part 3), as part of the pensionable service on which the deferred pension is calculated;

(c) where the person takes member-initiated early retirement (rule 5 of Part 3), as part of the award to which the actuarial reduction is applied;

(d) where the person takes authority-initiated early retirement (rule 6 of Part 3), as part of the person's pensionable service;

(e) where, on commencing a second period of employment with the same authority, the person becomes entitled to two pensions (rule 7 of Part 3)—


(i) to the extent that it is attributable to the first period of employment, as part of the service on which the first pension is calculated; and

(ii) to the extent that it is attributable to the second period of employment, as part of the service on which the second pension is calculated.

    (5) The period of additional service calculated in accordance with paragraph (3) is not to be treated as part of the pensionable service on the basis of which—

(a) the amount of any higher tier ill-health pension is calculated under rule 2 of Part 3, or

(b) the notional ill-health pension calculated where a survivor's pension is awarded on a firefighter member's death in service is calculated (rule 2(1) of Part 4).

A is the number of 60ths of additional service which the firefighter member elected to purchase,

B is the period in respect of which contributions have been made, and

C is the period in respect of which contributions would have been made in accordance with the election (disregarding for this purpose any deemed cancellation under paragraph (3)).

    (5) Subject to paragraph (6), where—

(a) deductions were discontinued under paragraph (2), and

(b) the firefighter member wishes to purchase additional service referable to the discontinuance period,

"guaranteed cash equivalent transfer value payment" ("taliad gwerth trosglwyddo o'r cyfwerth arian parod gwarantedig") means a payment of the description mentioned in rule 4(2); and

"public sector transfer arrangements" ("trefniadau trosglwyddo sector cyhoeddus") means arrangements approved by the Assembly as providing reciprocal arrangements for the payment and receipt of transfer values between this Scheme and other occupational pension schemes.

(a) falls within the required period,

(b) is chosen by the authority,

(c) is specified in the statement of entitlement, and

(d) is within the period of ten days ending with the date on which the member is provided with the statement of entitlement.

    (3) In counting the period of ten days referred to in paragraph (2)(d), Saturdays, Sundays, Christmas Day, New Year's Day and Good Friday are excluded.

    (4) In paragraph (2) "the required period" ("y cyfnod gofynnol") means—

(a) the period of three months beginning with the date of the member's application for a statement of entitlement, or

(b) such longer period (not exceeding six months beginning with that date) as may reasonably be required if, for reasons beyond the control of the authority, the requisite information cannot be obtained to calculate the amount of the cash equivalent.

    (5) The member may withdraw the application for a statement of entitlement by written notice at any time before the statement is provided.

    (6) Where, in any period of twelve consecutive months, a member—

(a) has made, and not withdrawn, two applications for a statement of entitlement, and

(b) makes a third (or subsequent) application,

(a) leaves the employment of a Welsh authority (the firefighter member's "former authority"),

(b) without a break of service, takes up employment as a firefighter with another Welsh authority (the firefighter member's "new authority"), and

(c) in that capacity continues to be a member of this Scheme,

"calculated amount" ("swm a gyfrifir") means the amount which, in accordance with rule 15, an authority calculate would need to be made as a restitution payment in respect of the firefighter concerned;

"relevant methods and assumptions" ("dulliau a rhagdybiaethau perthnasol") means the methods and assumptions notified by the Scheme Actuary for the calculation of cash equivalent values for occupational pension schemes; and

"relevant period" ("cyfnod perthnasol"), in relation to a firefighter, means the total of any periods of opted-out and, where appropriate, transferred-out service.

    (2) For the purposes of this Chapter—

(a) a person is taken to have opted out if the person had made a contributions election and for any period during which the person was a firefighter that person instead made contributions to a personal pension scheme; and

(b) a person is taken to have transferred out if an authority have made a transfer value payment in respect of that person under Chapter 2 of this Part to the administrator of a personal pension scheme.

(a) delay payment, in whole or part, to the extent necessary for determining any question as to their liability; and

(b) where they are of the opinion that, by reason of the amount of the award, its payment monthly in arrears would be impracticable, discharge their liability in respect of it by making payments at such reasonable intervals as they think fit.

    (3) Lump sums under Part 5 and, subject to paragraphs (4) and (5), pensions under Part 4 are payable from the day after the date of the death.

    (4) A pension under Part 4 in respect of a posthumous child is payable from the date of the child's birth.

    (5) Where—

(a) the authority are not informed of the death of a pensioner; and

(b) a pension to which the pensioner was entitled has continued in payment,

the authority may recover all or part of the overpayment, as they think fit; and may recover it by set-off against any other award payable under this Scheme in respect of the deceased.

    (6) Where a person is entitled under rule 8 of Part 3 to the repayment of the person's aggregate pension contributions, the authority are not obliged to make payment—

(a) until the expiration of a year from the date of the person's retirement, or

(b) until the person requests payment,

(a) no pension would be payable to the member under this Scheme; or

(b) the weekly rate of the pension payable would be less than the member's guaranteed minimum,

a pension, the weekly rate of which is equal to the member's guaranteed minimum, is payable to the member for life from the date on which the member reaches state pensionable age.

    (3) Subject to paragraph (4) if, when the member reaches state pensionable age—

(a) the member is still in employment which entitles the member to be a member of this Scheme ("scheme employment"); or

(b) where the member is not in scheme employment, the member consents to a postponement of the member's entitlement under paragraph (2),

paragraph (2) does not apply until the member leaves employment.

    (4) If the member—

(a) continues in employment for a further period of five years after reaching state pensionable age, and

(b) does not then leave it,

the member is entitled from the end of that period to so much of the member's pension under this rule as equals the member's guaranteed minimum, unless the member consents to a further postponement of the entitlement.

    (5) Where paragraph (3) or (4) applies, the amount of the pension to which the member is entitled under this rule must be increased in accordance with section 15 of the 1993 Act.

    (6) This paragraph applies where a person has ceased to be in employment that is contracted-out by reference to the Scheme, and either—

A is the pensionable service accrued in the Scheme before the whole-time firefighter's ill-health retirement,

B is—

(a) the pensionable service that the whole-time firefighter would have accrued from the date of the whole-time firefighter's ill-health retirement until the whole-time firefighter's normal retirement age had the whole-time firefighter continued to be a contributing member of the Scheme (the whole-time firefighter's "prospective service"); or

(b) if the aggregate of the whole-time firefighter's actual pensionable service and the whole-time firefighter's prospective service is more than forty years, the difference between forty years and the whole-time firefighter's actual pensionable service, and

C is the whole-time firefighter's final pensionable pay.

     3. The annual amount of the higher tier ill-health pension of a member who—

(a) is or has been a part-time employee, or

(b) is a retained or volunteer firefighter,

must be calculated in accordance with the formula—

A is the pensionable service accrued in the Scheme before the member's ill-health retirement,

B is the member's qualifying service,

C is the pensionable service that the member would have accrued from the date of the member's ill-health retirement until the member's normal retirement age had the member continued to be a contributing member of the Scheme as a whole-time employee, and

D—

(i) in the case of a part-time firefighter, is the final pensionable pay that the member would have received if the member had been a whole-time employee throughout the member's period of employment;

(ii) in the case of a retained or volunteer firefighter, is the firefighter's final reference pay.

(a) the appellant's name and address, and

(b) the grounds of the appeal,

must be given to the authority within twenty eight days of the date on which the appellant receives the documents referred to in rule 4(4) of Part 8; and where the appellant receives those documents on different dates, they will be treated for this purpose as received on the later or latest of those dates.

    (2) Where—

(a) notice of appeal is not given within the period specified in sub-paragraph (1), but

(b) the authority are of the opinion that the person's failure to give it within that period was not due to the person's own default,

they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.

     2. —(1) On receiving a notice of appeal, the authority must supply the Assembly with three copies of—

(a) the notice of appeal,

(b) the notice of the relevant decision,

(c) the opinion, response or evidence (as the case may be) supplied to the appellant, and

(d) every other document in their possession or under their control which appears to them to be relevant to the issue that is the subject of the appeal.

    (2) The Assembly must refer an appeal to a board of medical referees ("the board").

     3. —(1) The board must consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the Assembly.

    (2) One member of the board must be a specialist in a medical condition relevant to the appeal.

    (3) One member of the board must be appointed as chairperson.

    (4) Where there is an equality of votes among the members of the board, the chairperson has a second or casting vote.

     4. —(1) As soon as reasonably practicable after referring an appeal to the board, the Assembly must supply the board's administrator with three copies of every document supplied under paragraph 2(1).

    (2) The board must arrange for one of their number to review those documents ("the reviewing member").

    (3) As soon as reasonably practicable after concluding the review, the reviewing member must give written notice to the Assembly—

(a) of any other information which the reviewing member considers would be desirable for the purpose of enabling the board to determine the appeal, and

(b) if it be the case, that it is the reviewing member's opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.

    (4) On receipt of the reviewing member's notice the Assembly shall —

(a) where the reviewing member has notified the Assembly of the desirability of obtaining other information, require the authority to use their best endeavours to obtain that information, and

(b) where the notice contains an opinion of the description mentioned in sub-paragraph (3)(b), send a copy of it to the authority.

    (5) An authority which receives a copy of a reviewing member's opinion must, as soon as reasonably practicable—

(a) send a copy of it to the appellant, and

(b) by written notice to the appellant—


(i) advise the appellant that, if the appellant's appeal is unsuccessful, the appellant may be required to pay the authority's costs, and

(ii) require the appellant to notify them within fourteen days of the date of their notice whether the appellant intends to pursue or withdraw the appeal.

    (6) An authority which notifies an appellant under sub-paragraph (5)(b) must inform the Assembly of the appellant's response to their request under paragraph (b)(ii) of that sub-paragraph; and the Assembly must notify the board accordingly.

     5. Where an appeal is to be pursued, the board must secure that the appellant and the authority ("the parties") have been informed—

(a) that the appeal is to be determined by the board, and

(b) of an address to which communications relating to the appeal may be delivered to the board.

     6. —(1) Subject to sub-paragraph (4), the board—

(a) must interview and medically examine the appellant at least once, and

(b) may interview or medically examine the appellant or cause the appellant to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.

    (2) The board must appoint, and give the parties not less than two months' notice of, the time and place for every interview and medical examination; and if the board is satisfied that the appellant is unable to travel, the place must be the appellant's place of residence.

    (3) The appellant must attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.

    (4) If—

(a) the appellant fails to comply with sub-paragraph (3), and

(b) the board is not satisfied that there was reasonable cause for the failure,

the board may dispense with the interview and medical examination required by paragraph (1)(a) or, as the case may be, with any further interview or medical examination, and may determine the appeal on such information as is then available.

    (5) Any interview under this paragraph may be attended by persons appointed for the purpose by the authority or by the appellant or by each of them.

     7. —(1) Where either party intends to submit written evidence or a written statement at an interview held under paragraph 6, the party must, subject to sub-paragraph (2), submit the evidence or statement to the board and to the other party not less than twenty eight days before the date appointed for the interview.

    (2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than twenty eight days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.

    (3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the postponement.

     8. —(1) The board must supply the Assembly with —

(a) a written report of its decision on the relevant medical issues, and

(b) if the board is of the opinion that the appeal was frivolous, vexatious or manifestly ill-founded, a statement to that effect (which may form part of the report).

    (2) The Assembly must supply the parties with a copy of the report and of any separate statement under paragraph (1)(b).

     9. —(1) There must be paid to the board and the reviewing member—

(a) such fees and allowances (including those payable to the reviewing member for work undertaken on the review of documents under paragraph 4(2)) as are determined in accordance with arrangements made by the Assembly, or

(b) where no such arrangements have been made, such fees and allowances as the Assembly may from time to time determine.

    (2) The fees and allowances payable under sub-paragraph (1) must—

(a) be paid by the authority, and

(b) be treated for the purposes of paragraph 10 as part of the authority's expenses.

     10. —(1) Subject to paragraph 7(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal must be borne by that party.

    (2) Where the board—

(a) determines an appeal in favour of the authority, and

(b) states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill-founded,

the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.

    (3) Where—

(a) the appellant gives notice to the board withdrawing the appeal, and

(b) the notice is given less than twenty two working days before the date appointed for an interview or medical examination under paragraph 6(2),

the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.

    (4) Where the board—

(a) determines an appeal in favour of the appellant, and

(b) does not otherwise direct,

the authority must refund to the appellant the amount specified in sub-paragraph (5).

    (5) The amount is the total of—

(a) any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 6, and

(b) if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

    (6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board's determination is in favour of the authority or of the appellant must be decided by the board or, in default, by the Assembly.

     11. Any notice, information or document which an appellant is entitled to receive for any purpose of this Annex must, unless the contrary is proved, be treated as having been received by the appellant if it was posted in a letter addressed to the appellant at the appellant's last known place of residence.

(a) the amount accepted must be treated as a transfer value payment accepted under rule 10 of Chapter 3 of Part 12 of the new scheme, irrespective of paragraphs (2) and (3) of rule 2 of Part 10, and

(b) rule 11 of Chapter 3 of Part 12 will apply as if, for paragraph (2), there were substituted—

    " (2) For the purposes of that calculation, the member's pensionable earnings are to be taken to be the amount of those earnings as at the date on which the transfer value payment is received.".

Options for active members of the 1992 Scheme
     2. —(1) Sub-paragraph (2) applies in relation to each person who —

(a) was a member of the 1992 Scheme both before 6 April 2006 and immediately before the coming into force of this Order, and

(b) was not at any time before the coming into force of this Order in receipt of a pension or entitled to a deferred pension under that Scheme.

    (2) A fire and rescue authority must, not later than 30 March 2007, give to each person to whom this sub-paragraph applies a written statement —

(a) of the pensionable service that the authority would treat the person as having accrued in the new scheme (calculated in accordance with paragraph 3) if the person were to elect to transfer the person's accrued rights under the 1992 Scheme to the new scheme, and

(b) that, if the person wishes to make that election, the person must do so by written notice to the authority not later than 28 April 2007.

    (3) A person's notice under sub-paragraph (2)(b) must state —

(a) the date, which may be either 6 April 2006 or such later date as the person specifies in the notice, on which the person wishes to be treated as becoming a member of the new scheme, and

(b) whether the person wishes —


(i) to retain the person's accrued rights in the 1992 Scheme, or

(ii) to transfer those rights, subject to paragraph 3, to the new scheme.

    (4) A fire and rescue authority must not accept a person's election to transfer the person's accrued rights if the aggregate of —

(a) the person's pensionable service treated as accrued as mentioned in sub-paragraph (2)(a), and

(b) the person's prospective pensionable service, on the assumption that the person continues to be a member of the new scheme until the person reaches the age of sixty,

would exceed forty five years by the time of the person's sixtieth birthday.

    (5) Where a fire and rescue authority accept a person's election to transfer that person's accrued rights, they must —

(a) within twenty eight days after the date on which they receive the person's notice under sub-paragraph (2)(b), make all the arrangements necessary to give effect to that election, and

(b) within twenty eight days of making those arrangements, supply the person with a written statement of the pensionable service credited in the new scheme in consequence of the transfer of the person's accrued rights.

    (6) A person whose election to transfer the person's accrued rights has been accepted must be treated —

(a) where 6 April 2006 is specified in the person's notice under sub-paragraph (2)(b), as having ceased to be a member of the 1992 Scheme on 5 April 2006,

(b) where a date later than 6 April 2006 is specified in the person's notice under sub-paragraph (2)(b), as having ceased to be a member of the 1992 Scheme on the day before that later date, and

(c) as having become a member of the new scheme on the day after that on which the person is treated as having ceased to be a member of the 1992 Scheme.

    (7) Where a person is treated as becoming a member of the new scheme on 6 April 2006 —

(a) pensionable service that the person accrued in the 1992 Scheme on and after that date must be disregarded for the purposes of the 1992 Scheme;

(b) the person's pensionable and qualifying service on and after that date is, insofar as it does not accrue in the new scheme, treated as having accrued in the new scheme; and

(c) the authority must refund to the person the amount of the difference between the pension contributions —


(i) that the person made, as a member of the 1992 Scheme, in respect of the period beginning on 6 April 2006 and ending on the date on which all necessary arrangements to give effect to the person's election have been made, and

(ii) that the person would have made, as a member of the new scheme, in respect of that period.

    (8) In the case of a person mentioned in sub-paragraph (6)(b) who specifies in their notice under sub-paragraph (2)(b) a date later than 6 April 2006, sub-paragraph (7) applies as if —

(a) references to 6 April 2006 (in whatever terms) were references to that later date; and

(b) where that later date is on or after the coming into force of this Order, paragraph (c) were omitted.

    (9) Where a person in relation to whom sub-paragraph (2) applies had elected under rule G6 of the 1992 Scheme to purchase increased benefits —

(a) the person's election under that rule is, notwithstanding paragraph (5)(b) of that rule, treated as revoked with effect from 6 April 2006 or, where the person specifies a later date in the person's notice under sub-paragraph (2)(b), that later date;

(b) nothing in paragraph (a) affects the person's entitlement to make an election under rule 6 of Chapter 2 of Part 11 of the new scheme (election to purchase additional service); and

(c) for the purposes of rule 5(4) of that Chapter, the calculation under sub-paragraph (a) or, as the case may be, the determination under sub-paragraph (b), must be made on the basis of the person's age at the time of the person's election under rule G6 of the 1992 Scheme.

Calculation of transferred-in pensionable service
     3. For the purposes of calculating the pensionable service that a person is treated as having accrued in the new scheme on the transfer of that person's accrued rights under the 1992 Scheme, fire and rescue authorities —

(a) must have regard to guidance and tables provided by the Scheme Actuary for the purposes of this Schedule, and

(b) must disregard Chapter 3 of Part 12 of the new scheme (transfers into the Scheme).

(a) it is open to retained and volunteer firefighters as well as regular firefighters;

(b) pensions can be paid to a nominated partner as well as a spouse or civil partner;

(c) the normal retirement age will be sixty; under the 1992 Scheme it is fifty five (with some exceptions);

(d) the age at which deferred pensions will normally be paid will be sixty five; under the 1992 Scheme it is sixty;

(e) firefighter members may request early payment of pension from the age of fifty five, but that pension will be subject to actuarial reduction;

(f) fire and rescue authorities may for economical, effective and efficient management reasons pay pensions from age fifty five without actuarial reduction; under the 1992 Scheme, payment could be made in similar circumstances from age fifty provided that the firefighter had at least twenty five years' pensionable service;

(g) pension will accrue at 1/60th per year. A firefighter member will be able to accrue more than forty years' pensionable service;

(h) a firefighter member will be able to commute up to a quarter of that member's pension for a lump sum and there will be a single commutation factor regardless of age or sex with each £1 of pension commuted providing a lump sum of £12;

(i) enhancements for the higher tier ill-health pension will be based on a formula where accrued pensionable service is increased by 2% and then multiplied by the amount of prospective service to the normal retirement age. This will ensure that enhancements are more evenly graduated than under the 1992 Scheme;

(j) where a firefighter member is subject to a reduction in pay because of a change in role the member will qualify for a split pension. At the point of reduction the first pension will be closed and therefore based on the higher pay rate and a new pension started. When the member retires both pensions will be payable;

(k) the death grant when a firefighter member dies in service will be three times pensionable pay at the date of death; under the 1992 Scheme it is two times pensionable pay;

(l) any pension paid to an adult survivor who is twelve or more years younger than the firefighter member will be reduced by 2.5% for every year or part year above the twelve years, up to maximum of 50% ; there is no such restriction under the 1992 Scheme;

(m) the member's contribution rate will be 8.5% under the 1992 Scheme; for members who joined before 6 April 2006, the rate was 11% .

Service transferred from the 1992 Scheme will be transferred at a special rate during up to and including 28 April 2007.

A regulatory appraisal has been carried out in connection with this Order and is available from the Fire and Rescue Branch, Community Safety Division, National Assembly for Wales, Rhydycar, Merthyr Tydfil, CF48 1UZ (telephone 01685 729000).