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200 provisions
150A Employer cost cap
(1) The employer cost cap for this scheme is 16.8% of pensionable earnings of members of this scheme.
(2) Where the cost of this scheme, calculated following a valuation in accordance with Treasury directions under section 11 of the 2013 Act is more than the margins specified in regulations made under section 12(5) of the 2013 Act (“the Cost Cap Regulations”) above or below the employer cost cap, the Secretary of State must follow the procedure specified in paragraph (3) for reaching agreement with scheme managers, employers and members (or representatives of employers and members) as to the steps required to achieve the target cost specified in the Cost Cap Regulations.
(3) The procedure specified for the purposes of section 12(6)(a) of the 2013 Act is consultation for such period as the Secretary of State considers appropriate with the Firefighters’ Pension Scheme Advisory Board with a view to reaching an agreement endorsed by all members of that Board.
(4) If, following such consultation, agreement is not reached within 3 months of the date on which the consultation period ends, the Secretary of State must take steps to adjust the rate at which benefits accrue under regulation 34 (amount of pension for a scheme year) so that the target cost for this scheme is achieved.
152 Role of IQMP in determinations by the scheme manager
(1) In making a determination as to whether a person is entitled to an award, or to retain an award, where the determination as to entitlement depends in part on the ill-health or capacity of the person who would be so entitled, the scheme manager must obtain the written opinion of the IQMP on any issue which is wholly or partly of a medical nature.
(2) The scheme manager must request an IQMP to provide an opinion on the following issues for the purpose of determining any question arising under this scheme—
(a) whether a person is incapable of performing any duties of the role in which that person was last employed because of incapacity of mind or body;
(b) whether the incapacity in sub-paragraph (a) above is likely to continue until normal pension age or deferred pension age, as the case may be;
(c) whether a person has become capable of performing any duties of the role from which that person retired on grounds of ill-health;
(d) whether a person is or has become capable of undertaking regular employment; or
(e) any other issue wholly or partly of a medical nature.
(3) Subject to paragraph (6), the IQMP must certify under paragraph (2) that—
(a) the IQMP has not previously advised, or given an opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and
(b) the IQMP is not acting, and has not at any time acted, as the representative of the member, the scheme manager, or any other party in relation to the same case.
(4) An IQMP’s opinion under paragraph (2) is binding on the scheme manager unless it is superseded by the IQMP’s response under regulation 153(2) (review of medical opinion) or the outcome of an appeal under regulation 154 (appeals against determinations based on medical evidence).
(5) The IQMP’s response under regulation 153 (review of medical opinion) or the outcome of an appeal under regulation 154 (appeals against determinations based on medical evidence), as the case may be, is binding on the scheme manager.
(6) Where, in consequence of an opinion given under paragraph (2), a member has retired on the grounds of ill-health, the IQMP who gave the opinion may, if so requested by the scheme manager for the purposes of a review under regulation 68(1) (review of ill-health award or early payment of retirement pension), give a further opinion.
(7) If—
(a) a person wilfully or negligently fails to submit to medical examination by the IQMP selected by the scheme manager; and
(b) the IQMP is unable to give an opinion on the basis of the medical evidence available,
the scheme manager may make a determination on the issue on such other medical evidence as the scheme manager thinks fit, or without medical evidence.
(8) Within 14 days of making a determination under these Regulations, the scheme manager must—
(a) give written notice of it to the person concerned; and
(b) in the case of a determination on an issue wholly or partly of a medical nature, unless paragraph (7) applies, supply that person with a copy of the opinion obtained under paragraph (2).
(1) Where—
(a) new evidence on an issue wholly or partly of a medical nature is presented to the scheme manager by a member (P) in respect of whom a determination has been made under these Regulations;
(b) the scheme manager receives that evidence—
(i) where a copy of an opinion was supplied in accordance with paragraph (8) of regulation 152 (role of IQMP in determinations by the scheme manager), within 28 days of the receipt by P of that copy, and
(ii) in any other case, within 28 days of the receipt by P of notice of the scheme manager’s determination; and
(c) the scheme manager and P agree that the IQMP should be given the opportunity of reviewing that opinion in the light of the new evidence,
the scheme manager must send a copy of the new evidence to the IQMP and invite the IQMP to reconsider that opinion.
(2) An IQMP’s response to an invitation under paragraph (1) must be in writing.
(3) An IQMP’s response under paragraph (2) is binding on the scheme manager unless it is superseded by the outcome of an appeal under regulation 154 (appeals against determinations based on medical evidence).
(4) As soon as reasonably practicable after receiving a response under paragraph (2), the scheme manager must reconsider its determination.
(5) Within 14 days of that reconsideration, the scheme manager must—
(a) give written notice to P that it has confirmed its determination or revised its determination (as the case may be);
(b) if it has revised its determination, supply P with written notice of the revised determination; and
(c) supply P with a copy of the response under paragraph (2).
154 Appeals against determinations based on medical evidence
(1) A member (P) who wishes to appeal against a scheme manager’s determination on an issue of a medical nature may do so to a board of medical referees in accordance with the provisions of regulations 155 (notice of appeal) to 162 (notices etc).
(2) Subject to paragraph (3), where a determination—
(a) is made with regard to an opinion obtained under regulation 152(2) (role of IQMP in determinations by the scheme manager) or medical evidence relied on as mentioned in regulation 152(7); or
(b) is reconsidered under regulation 153(4) (review of medical opinion) with regard to a response under paragraph (2) of that regulation,
the scheme manager must, within 14 days of making, confirming or revising the determination (as the case may be), send to P the documents mentioned in paragraph (4).
(3) Nothing in paragraph (2) requires the supply of documents that have already been supplied under regulation 152(8) (role of IQMP in determinations by the scheme manager) or 153(5) (review of medical opinion).
(4) The documents are—
(a) a copy of the opinion, response or evidence (as the case may be);
(b) an explanation of the procedure for appeals under this regulation; and
(c) a statement that, if P wishes to appeal against the scheme manager’s determination on an issue of a medical nature, P must give written notice to the scheme manager, stating P’s name and address and the grounds of appeal, not later than 28 days after P receives the last of the documents required to be supplied under this paragraph, or within such longer period as the scheme manager may allow.
(1) Subject to paragraph (2), written notice of appeal against a determination on an issue of a medical nature stating—
(a) the appellant (P)’s name and address; and
(b) the grounds of the appeal,
must be given to the scheme manager within 28 days of the date on which P receives the documents referred to in regulation 154(4) (appeals against determinations based on medical evidence); and where P receives those documents on different dates, they are to 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 paragraph (1); but
(b) the scheme manager is of the opinion that P’s failure to give it within that period was not due to P’s own default,
the scheme manager may extend the period for giving notice for such length, not exceeding six months from the date mentioned in paragraph (1), as the scheme manager considers appropriate.
(1) On receiving a notice of appeal, the scheme manager must supply the Secretary of State with three copies of—
(a) the notice of appeal;
(b) the notice of the relevant determination;
(c) the opinion, response or evidence (as the case may be) supplied to the appellant (P); and
(d) every other document in its possession or under its control which appears to it to be relevant to the issue that is the subject of the appeal.
(2) The Secretary of State must refer an appeal to a board of medical referees (“the board”).
(3) The board is to consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the Secretary of State.
(4) One member of the board must be a specialist in a medical condition relevant to the appeal.
(5) One member of the board must be appointed as chairman.
(6) Where there is an equality of votes among the members of the board, the chairman is to have a second or casting vote.
(7) As soon as reasonably practicable after referring an appeal to the board, the Secretary of State must supply the board’s administrator with three copies of every document supplied under paragraph (1).
(8) The board must arrange for one of their number to review those documents (‘the reviewing member’).
(9) As soon as reasonably practicable after concluding the review, the reviewing member must give written notice to the Secretary of State—
(a) of any other information which the reviewing member considers would be desirable so as to provide the board with sufficient information for the purpose of enabling the board to determine the appeal; and
(b) if it is the case, that it is the reviewing member’s opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.
(10) On receipt of the reviewing member’s notice the Secretary of State must—
(a) where the reviewing member has notified the Secretary of State of the desirability of obtaining other information, require the scheme manager to use its best endeavours to obtain that information; and
(b) where the notice contains an opinion of the description mentioned in paragraph (9)(b), send a copy of it to the scheme manager.
(11) A scheme manager which receives a copy of a reviewing member’s opinion must, as soon as reasonably practicable—
(a) send a copy of it to P; and
(b) by written notice to P—
(i) advise P that, if P’s appeal is unsuccessful, P may be required to pay the scheme manager’s costs, and
(ii) require P to notify it within 14 days of the date of the notice, whether P intends to pursue or withdraw the appeal.
(12) A scheme manager which notifies P under paragraph (11)(b) must inform the Secretary of State of P’s response to its request under sub-paragraph (b)(ii); and the Secretary of State must notify the board accordingly.
(1) Where an appeal is to be pursued, the board must secure that the appellant (P) and the scheme manager (“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.
(2) Subject to paragraph (5), the board—
(a) must interview and medically examine P at least once; and
(b) may interview or medically examine P or cause P to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.
(3) 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 P is unable to travel, the place must be P’s place of residence.
(4) P 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.
(5) If—
(a) P fails to comply with paragraph (4); and
(b) the board is not satisfied that there was a reasonable cause for the failure,
the board may dispense with the interview and medical examination, and may determine the appeal on such information as is then available.
(6) Any interview under this regulation may be attended by persons appointed for the purpose by the scheme manager or by P or by each of them.
(7) Where either party intends to submit written evidence or a written statement at an interview held under paragraph (2), the party must, subject to paragraph (8), submit the evidence or statement to the board and to the other party not less than 28 days before the date appointed for the interview.
(8) Where any written evidence or statement has been submitted under paragraph (7) less than 28 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.
(9) Where any written evidence or statement is submitted in contravention of paragraph (7), 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.
(1) The board must supply the Secretary of State 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 Secretary of State must supply the parties with a copy of the report and of any separate statement under paragraph (1)(b).
(1) Where the parties have received a copy of the report supplied under regulation 158 (the board’s report) and—
(a) the parties agree that the board has made an error of fact which materially affects the board’s decision;
(b) the scheme manager must within 28 days of receipt of the report, supply the Secretary of State with two copies of a statement agreed between the parties setting out—
(i) the error of fact,
(ii) the correct fact, and
invite the board to reconsider its decision.
(2) The Secretary of State must within 14 days of receipt of the statement supply a copy of it to the board.
(3) As soon as reasonably practicable after receiving the statement, the board must reconsider its decision.
(4) Within 14 days of that reconsideration the board must—
(a) give written notice to the Secretary of State that it has confirmed its decision, or revised its decision (as the case may be); and
(b) if it has revised its decision, supply the Secretary of State with a written report of its revised decision.
(5) The Secretary of State must supply to the appellant and the scheme manager a copy of the written notice confirming the board’s decision, or a copy of the written report of the board’s revised decision (as the case may be).
(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 regulation 156(8) (reference of appeal to the board)) as are determined in accordance with arrangements made by the Secretary of State; or
(b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine.
(2) The fees and allowances payable under paragraph (1) must—
(a) be paid by the scheme manager; and
(b) be treated for the purposes of regulation 161 (expenses of each party) as part of the scheme manager’s expenses.
(1) Subject to regulation 157(9) (procedure where appeal to be pursued) and 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 scheme manager; and
(b) states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill-founded,
the scheme manager may require the appellant (P) to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board under regulation 160(1)(fees and allowances payable to the board), as the scheme manager considers appropriate.
(3) Where—
(a) P gives notice to the board—
(i) withdrawing the appeal,
(ii) requesting cancellation of, postponement of, or adjournment of the date appointed for an interview or medical examination under regulation 157(3) (procedure where appeal to be pursued), and
the notice is given less than 22 working days before the date appointed under regulation 157(3); or
(b) P’s acts or omissions cause the board to cancel, postpone or otherwise adjourn the date appointed under regulation 157(3) less than 22 working days before the date appointed,
the scheme manager may require P to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board under regulation 160(1) (fees and allowances payable to the board), as the scheme manager considers appropriate.
(4) Where the board—
(a) determines an appeal in favour of P; and
(b) does not otherwise direct,
the scheme manager must refund to P the amount specified in paragraph (5).
(5) The amount is the total of—
(a) any personal expenses actually and reasonably incurred by P in respect of any interview under regulation 157(2) (procedure where appeal to be pursued); and
(b) if any such interview was attended by a qualified medical practitioner appointed by P, any fees and expenses reasonably paid by P in respect of such attendance.
(6) For the purposes of paragraphs (2) and (4) any question arising as to whether the board’s determination is in favour of the scheme manager or of P is to be decided by the board or, in default, by the Secretary of State.
Any notice, information or document which an appellant (P) is entitled to receive for any purpose of regulations 154 (appeals against determinations based on medical evidence) to 161 (expenses of each party) is, unless the contrary is proved, to be treated as having been received by P if it was posted in a letter addressed to P at P’s last known place of residence.
Where—
(a) a member (P) disagrees with a scheme manager’s determination under regulation 151 (determinations by the scheme manager); and
(b) the disagreement does not involve an issue of a medical nature,
P may, by written notice given to the scheme manager within 28 days of receipt of the determination, require the scheme manager to deal with the disagreement by means of the arrangements implemented by it pursuant to the requirements of section 50 of the Pensions Act 1995 (requirement for dispute resolution arrangements) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008.
Nothing in these Regulations requires any part of a pension attributable to a retirement index adjustment to be paid before the end of the last active scheme year.
(1) This regulation applies in respect of a financial year for which a percentage decrease in earnings is specified in an order made under section 9 of the 2013 Act.
(2) The scheme manager must recover any overpayment of benefits that has occurred as a result of the application of the retirement index adjustment for that year.
(3) When this regulation applies the scheme manager must notify the member in writing that the amount of the overpayment is to be recovered by reducing the amount of each instalment of pension until the amount of the overpayment is recovered or by omitting to pay any increase in the amount of any pension due until the amount of the overpayment is recovered.
(1) If a member has a guaranteed minimum in relation to benefits under this scheme—
(a) nothing in these Regulations permits or requires anything that would cause requirements made by or under the PSA 1993 in relation to such a member and such a member’s rights under this scheme not to be met in the case of the member;
(b) nothing in these Regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the member; and
(c) the following provisions are subject to the generality of this paragraph.
(2) If apart from this regulation—
(a) no pension would be payable to the member under this scheme; or
(b) the weekly rate of the pensions payable would be less than the guaranteed minimum,
a pension at a weekly rate equal to the guaranteed minimum is payable to the member for life from the date on which the member reaches GMP age or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.
(3) Subject to paragraph (4), if—
(a) on reaching GMP age the member is still in employment (whether or not it is scheme employment); and
(b) if it is not 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 continues in employment for a further five years after reaching GMP age and does not then leave employment, the member is entitled from the end of that period to so much of the member’s pension under Part 5 (retirement benefits) and Part 7 (benefits for pension credit members) as equals the member’s guaranteed minimum (or, as the case may be, to so much of the member’s pensions under Part 5 and Part 7 as together have a weekly rate equal to the member’s guaranteed minimum), unless the member consents to a further postponement of the entitlement.
(5) In the circumstances provided for in paragraph (3) or (4), the amount of the guaranteed minimum to which the member is entitled under this regulation is increased in accordance with section 15 (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed) of PSA 1993.
(6) If—
(a) before reaching the age of 65 the member becomes entitled to the immediate payment of a pension; and
(b) the member has a guaranteed minimum in relation to the whole or part of a pension as a result of receipt by this scheme of a transfer payment from another pension scheme in respect of which the member had such a guaranteed minimum,
the weekly rate of the pension, so far as attributable to that service, must not be less than the guaranteed minimum, multiplied by such factor as is indicated in tables included in actuarial guidance for a person of the member’s age and sex at the date on which the pension becomes payable.
(7) This paragraph applies if a person has ceased to be in employment that is contracted-out employment, within the meaning of Part 3 of PSA 1993 (certification of pension schemes and effects on members’ state scheme rights and duties), by reference to this scheme and either—
(a) a transfer payment in respect of all the person’s rights to benefits under this scheme, except the person’s rights in respect of the person’s guaranteed minimum or rights under section 9(2B)(requirements for certification of schemes; general) of PSA 1993 (“the person’s contracting-out rights”) has been made; or
(b) the person has no rights to benefits under this scheme apart from the person’s contracting-out rights.
(8) If paragraph (7) applies—
(a) from the date on which the person reaches GMP age the person is entitled to a pension payable for life at a weekly rate equal to the person’s guaranteed minimum, if any; and
(b) from the date on which the person reaches normal pension age under this scheme the person is entitled to a lump sum and pension in respect of that person’s rights under section 9(2B) of PSA 1993,
but a person falling with paragraph (7) is not to be regarded as a pensioner member for the purposes of Part 6 (death benefits).
(9) Paragraphs (2) to (8) do not apply to a pension—
(a) that is forfeited—
(i) as a result of a conviction for treason, or
(ii) in a case where the relevant offence under regulation 171 (forfeiture: offences committed by members, surviving partners or eligible children) falls under paragraph (b) of the definition in that regulation of “relevant offence” ...;
(b) where that pension is commuted under regulation 167 (commutation of small pensions) and where the conditions in regulation 60 of the Occupational Pension Schemes(Contracting-out) Regulations 1996 are met,
and if any other provision of this scheme is inconsistent with this regulation, this regulation prevails.
(10) In this regulation, references to the amount of a pension are to its amount after the subtraction of the commutation amount, if any (but before the subtraction of the allocation amount, if any).
(1) This regulation applies if the pension entitlement of a member of the scheme or the pension entitlement of a member’s beneficiary does not exceed the small pensions commutation maximum.
(2) Unless the member has reached deferred pension age, this regulation does not apply if the pension entitlement of the member or the member’s beneficiary is equal to or exceeds the member’s guaranteed minimum.
(3) The scheme manager may pay the member, surviving partner or eligible child a lump sum of an amount as represents the cash value of the pension calculated in accordance with actuarial guidance if—
(a) the person consents to receipt of a lump sum in respect of the pension; and
(b) the requirements of the commutation provisions that apply in the circumstances are met.
(4) The payment of a lump sum under this regulation in place of a pension discharges all liabilities under this scheme in respect of that pension.
(5) In this regulation—
“the commutation provisions” means the provisions permitting the commutation of pensions set out in—
regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997,
paragraph 7 of Schedule 29 (authorised lump sums-supplementary) to FA 2004 (which defines trivial commutation lump sums for the purposes of Part 4 of that Act) and, in relation to a pension payable under Part 6 (death benefits), paragraph 20 of that Schedule (which defines trivial commutation lump sum death benefit for the purposes of Part 4 of that Act), and
regulation 3 of the Pension Sharing (Pension Credit Benefit) Regulations 2000; and
“the small pensions commutation maximum” means the amount that is permitted to be commuted, having regard to the commutation provisions that apply in the circumstances.
168 Payments for persons incapable of managing their affairs
If it appears to the scheme manager that a person other than an eligible child is entitled to payment of benefits under this scheme but is, by reason of mental incapacity or otherwise, incapable of managing his or her affairs—
(a) the scheme manager may pay the benefits or any part of them to a person having the care of the person entitled, or such other person as the scheme manager may determine, to be applied for the benefit of the person entitled; and
(b) in so far as the scheme manager does not pay the benefits in that manner, the scheme manager may apply them in such manner as the scheme manager may determine, for the benefit of the person entitled, or any beneficiaries of the person entitled.
(1) Paragraph (2) applies if, when a person dies, the total amount due to that person’s personal representatives under this scheme (including anything due at that person’s death) does not exceed the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act 1965 and applying in relation to that person’s death.
(2) A scheme manager may pay the whole or part of the amount due to—
(a) a person’s personal representatives; or
(b) any person or persons appearing to the scheme manager to be beneficially entitled to the estate,
without the production of probate or letters of administration of the person’s estate.
An assignment of an award under these Regulations is void to the extent that it is in favour of a person other than a dependant of the person entitled to the award.
171 Forfeiture: offences committed by members, surviving partners or eligible children
(1) If a member, surviving partner or eligible child is convicted of a relevant offence, the scheme manager may, to such extent and for such duration as it considers appropriate, withhold pensions payable under this scheme to—
(a) the member;
(b) any person in respect of the member;
(c) a surviving partner; or
(d) an eligible child.
(2) Where a surviving partner’s or an eligible child’s pension under Part 6 (death benefits) is to be withheld under paragraph (1) as a result of a relevant offence falling under paragraph (a) or (b) of the definition of that expression in paragraph (5), the offence must have been committed after the death on which the person became entitled to the surviving partner or eligible child’s pension, as the case may be.
(3) The scheme manager may only withhold that part of a person’s pension that exceeds any guaranteed minimum to which the person is entitled under—
(a) section 14 of PSA 1993 (earner’s guaranteed minimum); or
(b) section 17 (minimum pensions for widows and widowers) of that Act.
(4) The scheme manager may, at any time and to such extent and for such duration as it thinks fit—
(a) apply for the benefit of any dependant of the member; or
(b) restore to the member,
so much of any pension as has been withheld under this regulation.
(5) In this regulation—
“forfeiture certificate” means a certificate stating that the Secretary of State issuing the certificate considers that the offence—
has been gravely injurious to the interests of the State, or
is liable to lead to serious loss of confidence in the public service;
“relevant offence” means—
offences of treason,
offences under the Official Secrets Acts 1911 to 1989 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion—
to a term of imprisonment of at least 10 years,
to two or more consecutive terms amounting in the aggregate to at least 10 years, or
offences—
committed in connection with the member’s scheme employment; and
in respect of which the Secretary of State has issued a forfeiture certificate.
172 Forfeiture of pensions: offences committed by other persons
(1) If a person (“P”) is convicted of the murder of a member, the scheme manager must withhold all of any surviving partner or eligible child’s pension otherwise payable to P in respect of the member under Part 6 (death benefits).
(2) If P is convicted of a relevant offence, the scheme manager may, to such extent as it considers appropriate, withhold any surviving partner or eligible child’s pension payable to P in respect of a member under Part 6 (death benefits).
(3) If paragraph (1) applies, Part 6 (death benefits) applies as if P had died before the member.
(4) Under paragraph (2), the scheme manager may only withhold such part of P’s pension as exceeds any guaranteed minimum to which P is entitled under section 17 of PSA 1993.
(5) If P is convicted of the murder of a member and the conviction is subsequently quashed on appeal, any surviving partner or eligible child’s pension withheld is to be payable from the day after that on which the member died, and the scheme manager must, as soon as reasonably practicable after the conviction is quashed, pay the arrears of the pension accrued.
(6) If P is convicted of a relevant offence and the conviction is subsequently quashed on appeal any decision under paragraph (2) is to be treated as revoked and the scheme manager must, as soon as reasonably practicable after the conviction is quashed, pay the arrears of the pension accrued from the day after that on which the member died.
(7) Nothing in paragraphs (5) or (6) is to affect the application of paragraphs (1) or (2) if the person whose conviction is quashed is subsequently convicted of the murder of the member or of a relevant offence.
(8) In this regulation, relevant offence means—
(a) the manslaughter of the member; or
(b) any other offence, apart from murder, of which the unlawful killing of the member is an element.
173 Forfeiture of lump sum death benefit: offences committed by other persons
(1) If a person is convicted of a relevant offence, the scheme manager must withhold all of any lump sum death benefit payable to that person in respect of a member under Chapter 4 of Part 6 (death benefits).
(2) In this regulation, relevant offence means—
(a) the murder of the member;
(b) the manslaughter of the member; or
(c) any other offence of which the unlawful killing of the member is an element.
(3) If paragraph (1) applies and the scheme manager withholds all benefits, Part 6 (death benefits) applies as if that person had died before the member.
(4) If a person is convicted of a relevant offence and the conviction is subsequently quashed on appeal the scheme manager may, to such extent and for such duration as it thinks fit, restore to that person so much of any benefit as has been withheld under this regulation.
(5) Nothing in paragraph (4) is to affect the application of paragraph (1) if the person whose conviction is quashed is subsequently convicted of a relevant offence.
174 Forfeiture: relevant monetary obligations and relevant monetary losses
(1) If a member (P) has a relevant monetary obligation or has caused a relevant monetary loss the scheme manager may, to such extent and for such duration as it considers appropriate, withhold benefits payable to P under this scheme.
(2) The scheme manager may withhold benefits to the extent the scheme manager considers appropriate but may only withhold that part of P’s pension as exceeds any guaranteed minimum to which P is entitled under section 14 of PSA 1993.
(3) The scheme manager may not withhold more than the lesser of—
(a) the amount of the relevant monetary obligation or relevant monetary loss; and
(b) the value of P’s entitlement to benefits.
(4) The scheme manager may only withhold benefits if—
(a) there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or
(b) the relevant monetary obligation or relevant monetary loss is enforceable as follows—
(i) under an order of a competent court, or
(ii) in consequence of an award of an arbitrator.
(5) In this regulation—
“relevant monetary obligation” means a monetary obligation which—
was incurred to P’s employer,
was incurred after P became an active member of this scheme,
arose out of P’s criminal, negligent or fraudulent act or omission, and
arose out of or was connected with the scheme employment in respect of which P is a member of this scheme; and
“relevant monetary loss” means a monetary loss which—
was caused to this scheme, and
arose as a result of P’s criminal, negligent or fraudulent act or omission.
(1) The scheme manager may set off a relevant monetary obligation against a member’s entitlement to benefits under this scheme.
(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraphs (3), (4) or (5).
(3) The conditions in this paragraph are that the monetary obligation—
(a) was incurred to P’s employer;
(b) was incurred after P became an active member of this scheme;
(c) arose out of or was connected with service in the scheme employment in respect of which P is a member of this scheme; and
(d) arose out of P’s criminal, negligent or fraudulent act or omission.
(4) The conditions in this paragraph are that the monetary obligation—
(a) was incurred to this scheme; and
(b) arose out of P’s criminal, negligent or fraudulent act or omission.
(5) The conditions in this paragraph are that the monetary obligation—
(a) was incurred to this scheme; and
(b) arose out of a payment made to P in error by the scheme manager.
(6) Paragraph (7) applies if a set-off is to be applied as result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).
(7) Where this paragraph applies, the scheme manager may not apply a set-off against that part of P’s entitlement to benefits that represents transfer credits within the meaning of section 124(1) (interpretation of Part 1) of the Pensions Act 1995 other than prescribed transfer credits for the purposes of section 91(5)(d) (exceptions from the inalienability of occupational pensions) of the Pensions Act 1995.
(8) The scheme manager may only apply a set-off against that part of a member’s pension that exceeds any guaranteed minimum to which that member is entitled under section 14 of PSA 1993.
(9) The value of the set-off applied must not exceed the lesser of—
(a) the amount of the relevant monetary obligation; and
(b) the value of P’s entitlement to benefits.
(10) The scheme manager may only set off a relevant monetary obligation against P’s entitlement to benefits if—
(a) there is no dispute as to the amount of the relevant monetary obligation; or
(b) the relevant monetary obligation is enforceable—
(i) under an order of a competent court, or
(ii) in consequence of an award of an arbitrator.
(1) If the scheme manager proposes to withhold benefits or apply a set-off against a person’s entitlement to benefits, the scheme manager must notify the person of the proposal in writing.
(2) If the scheme manager withholds benefits under regulation 174 (forfeiture: relevant monetary obligations and relevant monetary losses) or applies a set-off against an entitlement to benefits under regulation 175 (set-off), the scheme manager must give the member a certificate showing—
(a) the amount withheld or set off; and
(b) the effect of the withholding or set-off on the member, surviving partner or eligible child’s benefits under this scheme.
177 Scheme administrator for the purposes of the Finance Act 2004
The scheme manager is appointed to be responsible for all liabilities and responsibilities connected with the functions conferred or imposed on the scheme administrator by or under Part 4 of FA 2004 which the scheme manager assumes as sub-scheme administrator under regulation 3 of, and Schedule 3 to, the Registered Pension Schemes (Splitting of Schemes) Regulations 2006.
178 Payment on behalf of members of lifetime allowance charge
(1) A member may request the scheme administrator to pay on the member’s behalf any amount that is payable by way of the lifetime allowance charge under section 214 of FA 2004
when—
(a) an event that is a benefit crystallisation event listed in the table in section 216(1) of FA 2004 occurs in relation to the member; and
(b) the member and the scheme manager are jointly and severally liable in relation to that event.
(2) Such a request may only be made by notice to the scheme administrator given before the event occurs.
(3) The scheme manager may only comply with such a request if—
(a) the member pays it the amount in question on or before the date on which the event occurs; or
(b) the member authorises the deduction of the amount in question from a lump sum becoming payable to the member under this scheme at the same time as the event occurs.
179 Reduction of benefits where lifetime allowance charge payable
(1) This regulation applies if—
(a) an event that is a benefit crystallisation event listed in the table in section 216(1) of FA 2004 (“the table”) occurs in relation to a member;
(b) the member and the scheme manager are jointly and severally liable in relation to that event; and
(c) no request has been duly made under regulation 178 (payment on behalf of members of lifetime allowance charge) in relation to the event or, if such a request has been made, the scheme manager is prevented from complying with it by paragraph (3) of that regulation.
(2) If this regulation applies—
(a) the scheme manager must pay the tax payable on the event;
(b) if the event is benefit crystallisation event 8 in the table (transfer to qualifying recognised overseas pension scheme), the amount or value of the sums or assets transferred must be reduced; and
(c) in the case of any other event in that table, the amount or value of the benefits payable to or in respect of the member must be reduced.
(3) The amount or value of the reduction—
(a) must be such that it fully reflects the amount of tax so paid; and
(b) in the case of any reduction to pension benefits, must be calculated according to actuarial guidance.
180 Information about payment of annual allowance charge
(1) If a member’s pension scheme input amount for this scheme for a pension input period exceeds the amount of the annual allowance for the tax year in which the pension input period ends, paragraph (2) applies in respect of the member for that tax year.
(2) The scheme manager must, no later than 6th October after the end of the tax year, provide the member with such information as the scheme manager considers appropriate to assist the member to arrange payment of the annual allowance charge for that tax year and with the information required by regulation 14A of the Registered Pension Scheme (Provision of Information) Regulations 2006.
(3) In this regulation—
“pension scheme input amount” has the meaning given in section 237B(2) (Liability of scheme administrator) of FA 2004;
“pension input period” has the meaning given in section 238 of FA 2004.
181 Reduction of benefits where annual allowance charge paid by scheme manager
(1) This regulation applies where—
(a) a member gives valid notice to the scheme manager of joint and several liability for an annual allowance charge under section 237B(3) of FA 2004; and
(b) the scheme manager satisfies the liability specified in the notice.
(2) The amount or value of the benefits payable to or in respect of the member for the tax year to which the notice relates must be reduced by the scheme manager in accordance with paragraph (3).
(3) Subject to paragraph (4), the amount or value of the reduction of benefits—
(a) must be such that it fully reflects the amount paid by the scheme manager; and
(b) must be determined in accordance with actuarial guidance.
(4) Benefits may only be reduced under this regulation to the extent that the reduction would not result in the loss of any part of a guaranteed minimum pension to which a person is entitled.
182 Calculation of periods of membership and service
(1) Subject to paragraph (3), for the purposes of this scheme, periods of membership and service must be expressed in the first instance in whole years, and days or fractions of a day, and the initial aggregation of periods that require to be aggregated is done by reference to periods so expressed.
(2) Subject to paragraph (3), if, when all periods of membership or service that require to be aggregated have been aggregated, there is any excess part day over the number of whole days, that excess must be rounded up to a full day.
(3) If membership or service is referred to in these Regulations as membership or service in years—
(a) the days referred to in paragraph (1); and
(b) the full days referred to in paragraph (2),
must be converted into years by dividing the number of days in excess of the period of whole years by 365, and using the result to four decimal places.
(4) If a period of membership or service is less than one year, this regulation applies as if the words “whole years, and” were omitted from paragraph (1) and the words “in excess of the period of whole years” were omitted from paragraph (3).
(1) The scheme manager must provide an annual benefit information statement to each of its members who are not pensioner members in respect of the pension account for which the statement is to be provided.
(2) The first such statements must be provided on or before 31st August 2016.
(3) Subject to paragraph (4), subsequent statements must be provided at least once per year on or before 31st August of each year that follows.
(4) If a member requests in writing that a statement is provided to them after the end of a scheme year but before 31st August of the following scheme year, the scheme manager must provide an annual benefit information statement as soon as reasonably practicable in accordance with the member’s request, unless the relevant data to enable it to do so is not available.
(5) The statement provided to active members of this scheme must be in accordance with section 14 of the 2013 Act (information about benefits).
(1) A scheme manager may by written notice require any person who is in receipt of a pension or may have an entitlement to a pension or a lump sum under this scheme to provide it with such supporting evidence as it may reasonably require to establish—
(a) the identity of that person; and
(b) that person’s continuing or future entitlement to the payment of any amount under this scheme.
(2) A notice under paragraph (1) must specify the date by which the supporting evidence is to be provided.
(3) Where a person fails to comply with the requirements of a notice given in accordance with paragraph (1), the scheme manager may withhold the whole or part of any amount that it otherwise considers to be payable under this scheme.
185 Information to be provided to a member before reserve forces service leave
The scheme manager must give a member who is about to start on a period of reserve forces service leave a statement stating—
(a) the assumed pensionable pay for that member whilst on reserve forces service leave;
(b) the member contribution rate to apply during that period;
(c) details of any payments to be paid by the employer to the member whilst on reserve forces service leave; and
(d) the employer contribution which applies during that period.
Regulation 115
PART 1 Interpretation
Interpretation
1 In this Schedule—
“amount of extra pension” means the amount of accrued added pension at any time;
“appropriate pay period” means the pay period that the scheme manager considers appropriate;
“notice of election” has the meaning given in paragraph 5;
“overall limit of extra pension” has the meaning given in paragraph 2;
“periodical payment period” means the period for which periodical payments for added pension payments are payable;
“period of service” in relation to this scheme, means a continuous period of pensionable service under this scheme;
“the relevant day” means the day on which the lump sum is received by the scheme manager;
“the relevant scheme year” means the scheme year in which the relevant day falls.
Meaning of “overall limit of extra pension”
2 (1) The overall limit of extra pension is—
(a) £6,500 for any scheme year ending before 1st April 2016; and
(b) for any scheme year beginning on or after 1st April 2016—
(i) the overall limit of extra pension determined by the Treasury in respect of that scheme year as published before the start of that scheme year, or
(ii) if no such determination is made, the amount calculated under sub-paragraph (2).
(2) The amount is the amount to which the annual rate of a pension of an amount equal to the overall limit of extra pension for the previous scheme year would have been increased under the PIA 1971 if—
(a) that pension were eligible to be so increased; and
(b) the beginning date for that pension were the first day of the previous scheme year.
Limit on elections
3 An added pension election may not be exercised by an active member if the amount of extra pension would exceed the overall limit of extra pension if that election were made.
Amount of accrued added pension may not exceed overall limit of extra pension
4 (1) At any given time, the total amount of accrued added pension in a member’s added pension account may not exceed the overall limit of extra pension.
(2) If a member has elected to make periodical payments for added pension, the scheme manager may by written notice to the member cancel the election if it appears to the scheme manager that the overall limit of extra pension will be exceeded if the member continues to make the periodical payments.
(3) If the scheme manager cancels the election, the periodical payments cease to be payable from the next pay period beginning after the date specified in the notice of cancellation.
PART 2
CHAPTER 1 Exercising the added pension election
Added pension election exercisable by member
5 (1) An active member of this scheme may elect to make added pension payments to this scheme to increase the member’s retirement benefits and death benefits.
(2) A member may make the added pension election by notice to the scheme manager in such form as the scheme manager may require.
(3) The notice given in sub-paragraph (2) is referred to in this Schedule as the notice of election.
(4) The notice of election must state—
(a) whether added pension payments are to be made by—
(i) periodical payments, or
(ii) a lump sum payment;
(b) whether the member has an added pension account with another employer; and
(c) whether the member is making an added pension election in connection with another scheme employment.
(5) An election to pay added pension payments by a lump sum payment may only be made if the member gives notice to the scheme manager not later than 12 months after the date on which the person last became employed by that scheme employer as a firefighter.
(6) An election to pay added pension payments by periodical payments may only be made at least two years before the member’s normal pension age and cannot be made once the scheme manager has agreed that the member will leave the scheme with entitlement to a pension or an ill-health award.
CHAPTER 2 Periodical payments for added pension
Application of Chapter
6 This Chapter applies in relation to an active member of this scheme who elects to make periodical payments for added pension.
Member’s election to make periodical payments for added pension
7 (1) The notice of election must specify—
(a) the periodical payment period; and
(b) the amount of the periodical payment to be deducted by the member’s employer from the member’s pensionable pay in each pay period.
(2) The amount of the periodical payment may be expressed as—
(a) a percentage of the member’s pensionable pay; or
(b) a fixed sum.
(3) The amount of the periodical payment must not be less than any minimum amount determined by the scheme manager.
Periodical payments
8 (1) The periodical payments may be payable by deduction by the member’s employer from the member’s pensionable pay during the periodical payment period.
(2) The periodical payment period—
(a) begins with the first appropriate pay period beginning on or after the date on which the scheme manager receives the notice of election; and
(b) ends on the earliest of—
(i) the date of the next appropriate pay period if the member gives the notice of discontinuance under paragraph 9,
(ii) date of the next pay period after the date specified in a notice of cancellation given by the scheme manager under paragraph 4(2),
(iii) the date on which the member ceases to be an active member, and
(iv) the date specified in the notice of election.
(3) If the member does not want to pay the periodical payments by deduction from pensionable pay, the scheme manager may agree another method of payment.
Discontinuance of periodical payments
9 If a member wishes to discontinue the payment of periodical payments, the member must give written notice to the scheme manager.
Periodical payments during periods of assumed pensionable pay
10 (1) The periodical payments are payable by deduction from the member’s pensionable pay during the periodical payments period and whilst the member is treated as receiving assumed pensionable pay, reduced pay or no pay, the member may—
(a) stop the periodical payments; or
(b) continue the periodical payments as if the member were receiving pensionable pay at the full rate.
(2) During any period in which the member is receiving statutory maternity pay or is on paid ordinary maternity leave, paid ordinary adoption leave or paid paternity leave, the member may—
(a) stop the periodical payments; or
(b) pay the periodical payments of an amount determined by reference to the member’s actual pay during that period.
(3) If a member stops the periodical payments during a period of assumed pensionable pay or a period of reduced pay, the member may choose to resume the periodical payments in the next pay period after the period of assumed pensionable pay or period of reduced pay ends.
(4) After a period of assumed pensionable pay or a period of reduced pay, the member may give written notice to the scheme manager authorising the employer to deduct the aggregate of payments which would have been made during this period from the member’s pay during a period of six months from the end of the period of reduced pay or such longer period as the scheme manager may allow.
(5) Notice under sub-paragraph (4) must be given to the scheme manager not later than one month after the end of the period of assumed pensionable pay or reduced pay.
Amount of added pension for a scheme year
11 (1) This paragraph applies for each scheme year during which a member makes periodical payments to increase both the member’s retirement benefits and death benefits.
(2) An amount of added pension must be credited to the member’s added pension account for that scheme year.
(3) The amount credited to the added pension account is an amount determined by the scheme manager by reference to actuarial guidance.
CHAPTER 3 Lump sum payments for added pension
Application of Chapter
12 This Chapter applies in relation to an active member of this scheme who has elected to make a lump sum payment for added pension.
Member’s election to make a lump sum payment for added pension
13 (1) The notice of election must specify the amount of lump sum which must not be less than any minimum amount determined by the scheme manager.
(2) If the lump sum is not paid within three months after the date on which the notice of election was given, then the notice of election is void.
Amount of added pension to be credited to added pension account
14 (1) This paragraph applies if a member elects to pay a lump sum to increase the member’s retirement benefits and death benefits.
(2) Following payment of the lump sum by the member an amount of added pension must be credited to the added pension account for the relevant scheme year.
(3) The amount credited to the added pension account is an amount determined by the scheme manager by reference to actuarial guidance.
Regulation 186
PART 1 General
Interpretation
1 In this Schedule—
“active member of an existing scheme” has the meaning given in paragraph 6;
“active member of an existing public body pension scheme” has the meaning given in paragraph 7;
“active member of the 1992 Scheme or the NFPS” has the meaning given in paragraph 5;
“closing date”—
in relation to an existing scheme, means the date referred to in section 18(4)(a) or (b) of the 2013 Act, as the case may be,
in relation to an existing public body pension scheme, means the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme, and
in relation to a transition member, means—
if the member is a tapered protection member of the 1992 Scheme or the NFPS, the tapered protection closing date for that member,
if the member is a full protection member of the 1992 Scheme or the NFPS, 31st March 2022, or
if the member is not a protected member of one of those schemes, the scheme closing date;
“eligible to be an active member of the NFPS” has the meaning given in paragraph 4;
“exception” means—
in relation to an existing scheme, an exception under section 18(5) of the 2013 Act provided for in the scheme regulations for that scheme,
in relation to an existing public body pension scheme, an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme;
“existing public body pension scheme” means a public body pension scheme to which section 31 of the 2013 Act applies;
“full protection member”, in relation to the 1992 Scheme or the NFPS, has the meaning given in paragraph 9;
“fully protected member” of an existing scheme or an existing public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act (or that section as applied by section 31(4)) applies for the purposes of that scheme;
“protected member”, in relation to an existing scheme or an existing public body pension scheme, means a full protection member or tapered protection member of one of those schemes;
“protection period”—
for a full protection member of the 1992 Scheme or the NFPS, has the meaning given in paragraph 10, and
for a tapered protection member of the 1992 Scheme or the NFPS, has the meaning given in paragraph 16;
“scheme closing date” means 31st March 2015;
“tapered protection closing date”, in relation to a tapered protection member of an existing scheme, has the meaning given in paragraph 3;
“tapered protection member”, in relation to the 1992 Scheme or the NFPS, has the meaning given in paragraph 15;
“transition date”, in relation to a transition member, means—
if the member is a tapered protection member of the 1992 Scheme or the NFPS, the day after the tapered protection closing date for that member,
if the member is a full protection member of the 1992 Scheme or the NFPS, 1st April 2022, and
if the member is not a protected member of the 1992 Scheme or the NFPS, the day after the scheme closing date, or the day the person ceased to be a protected member of that scheme, if later;
“transition member” means a person—
who is a member of the 1992 Scheme or the NFPS by virtue of his or her pensionable service under that scheme, or who is eligible to be an active member of the NFPS, before the transition date, and
who is a member of this scheme by virtue of the person’s pensionable service under this scheme.
Meaning of “continuity of service”
2 (1) A transition member (T) has continuity of service between pensionable service in the 1992 Scheme or the NFPS, as the case may be, and pensionable service in this scheme unless T has a gap in service exceeding five years which—
(a) begins on or before T’s transition date; and
(b) ends on the day on which T becomes an active member of this scheme.
(2) For the purposes of sub-paragraph (1), after the scheme closing date T is not on a gap in service while T is in service which is pensionable under an existing scheme, an existing public body pension scheme, a scheme under section 1 of the 2013 Act or a new public body pension scheme.
Meaning of “tapered protection closing date”
3 (1) The tapered protection closing date for a tapered protection member of the 1992 Scheme is the date found by applying the relevant date in column 3 of the 1992 Scheme table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.
(2) Subject to sub-paragraphs (3) and (4), the tapered protection closing date for a tapered protection member of the NFPS is the date found by applying the relevant date in column 3 of the NFPS table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.
(3) The tapered protection closing date for a tapered protection member of the NFPS to whom paragraph 9(5) or 21 applies is a date determined by the scheme manager which must be before 1st April 2022.
(4) In the case of a tapered protection member of the NFPS who is a special member of the NFPS, the tapered protection closing date is the date found by applying the relevant date in column 3 of the 1992 Scheme table in Part 4 of this Schedule to the birthday referred to in column 1 and column 2.
Meaning of “eligible to be an active member” of the NFPS
4 (1) For the purpose of this Schedule, a person (P) is eligible to be an active member of the NFPS on a given date if on that date P is not in pensionable service under the 1992 Scheme or the NFPS and either—
(a) P is in service as a firefighter which entitles P to be eligible to be an active member of the NFPS; or
(b) P is on a gap in pensionable service not exceeding five years.
(2) For the purpose of sub-paragraph (1)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.
Meaning of “active member of the 1992 Scheme or the NFPS”
5 (1) For the purpose of this Schedule, a person (P) is an active member of the 1992 Scheme or the NFPS on a given date if on that date—
(a) P is in pensionable service under the 1992 Scheme or the NFPS; or
(b) P is on a gap in service not exceeding five years.
(2) For the purpose of sub-paragraph (1)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.
Meaning of “active member of an existing scheme”
6 (1) For the purpose of this Schedule, a person (P) is an active member of an existing scheme (other than the 1992 Scheme or the NFPS) on a given date if on that date—
(a) P is in pensionable service under that scheme; or
(b) P is on a gap in service not exceeding five years.
(2) For the purpose of sub-paragraph (1)(b), after the closing date for the existing scheme P is not on a gap in service while P is in pensionable public service.
Meaning of “active member of an existing public body pension scheme”
7 (1) For the purpose of this Schedule, a person (P) is an active member of an existing public body pension scheme on a given date if on that date—
(a) P is in pensionable service under that scheme; or
(b) P is on a gap in service not exceeding five years.
(2) For the purpose of sub-paragraph (1)(b), after the closing date for the existing public body pension scheme, P is not on a gap in service while P is in pensionable public service.
Commencement of active membership of this scheme
8 (1) A person who is a transition member on entering pensionable service under this scheme who does not have continuity of service becomes an active member of this scheme on the day the person begins pensionable service in a scheme employment.
(2) A person who is a transition member on entering pensionable service under this scheme who has continuity of service (T) becomes an active member of this scheme—
(a) if T is in pensionable service in a scheme employment on the transition date, on that date; or
(b) if T is not in pensionable service in a scheme employment on the transition date, on the day T enters pensionable service in a scheme employment after that date.
PART 2 Full protection members of the 1992 Scheme or the NFPS
Full protection members of the 1992 Scheme or the NFPS
9 (1) A person (P) to whom any of paragraphs 12 to 14 applies is a full protection member of the 1992 Scheme or the NFPS, as the case may be.
(2) P ceases to be a full protection member of the 1992 Scheme or the NFPS, as the case may be—
(a) on 31st March 2022; or
(b) when P ceases to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS (unless sub-paragraph (3) or (4) applies), if earlier.
(2A) Where P was a full protection member of the 1992 Scheme and after retiring from pensionable service in this scheme became entitled to a continuous service pension under rule B1A, or an ordinary pension under rule B1 or a short service award under rule B2 of that scheme or a continued pension under rule B2A, P ceases to be eligible to be a full protection member of the NFPS.
(3) This sub-paragraph applies if—
(a) P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme (other than the 1992 Scheme) or an existing public body pension scheme; and
(b) P would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(4) This sub-paragraph applies if—
(a) P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.
(5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.
(6) This sub-paragraph applies if—
(a) P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(7) For the purpose of paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.
Exception for full protection member during protection period
10 (1) The protection period for a person (P) who is a full protection member of the 1992 Scheme or the NFPS, as the case may be, is the period which—
(a) begins on the day after the scheme closing date; and
(b) ends when P ceases to be a full protection member of the 1992 Scheme or the NFPS (unless P is a tapered protection member by virtue of paragraph 9(5)).
(2) During the protection period—
(a) P is eligible to be in pensionable service under the NFPS or where P is an active member of the 1992 Scheme, eligible to be in pensionable service under that scheme;
(b) section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and
(c) benefits are to be provided under the 1992 Scheme or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.
Full protection member not eligible to join this scheme
11 While a person (P) is a full protection member of the 1992 Scheme or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.
Full protection: members of the 1992 Scheme or the NFPS on scheme closing date
12 (1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.
(2) This sub-paragraph applies if—
(a) P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on the scheme closing date;
(b) P was an active member of the 1992 Scheme or an active member, or eligible to be an active member, of the NFPS on 31st March 2012; and
(c) if P is an active member of the 1992 Scheme, P would, unless P dies, reach normal pension age under the 1992 Scheme or if P is an active member or eligible to be an active member of the NFPS, normal pension age under the NFPS on or before 1st April 2022.
(3) This sub-paragraph applies if—
(a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;
(b) P was an active member or eligible to be an active member of the NFPS on the scheme closing date; and
(c) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.
Full protection: members of an existing scheme
13 This paragraph applies if—
(a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;
(c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the 1992 Scheme or the NFPS;
(d) on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and
(e) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.
Full protection: members of an existing public body pension scheme
14 This paragraph applies if—
(a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b) P was an active member of an existing scheme or an existing public body pension scheme (“transitional scheme”) on 31st March 2012;
(c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;
(d) on the date that P begins service which is pensionable under the NFPS, P would have been a fully protected member of the existing public body pension scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and
(e) P would, unless P dies, reach normal pension age under the NFPS and P’s transitional scheme on or before 1st April 2022.
PART 3 Exceptions to section 18(1) of the 2013 Act: tapered protection members of the 1992 Scheme or the NFPS
Tapered protection members of the 1992 Scheme or the NFPS
15 (1) A person (P) to whom any of paragraphs 18 to 21 applies is a tapered protection member of the 1992 Scheme or the NFPS.
(1A) Where P was a full protection member of the 1992 Scheme and after retiring from pensionable service in this scheme, became entitled to a continuous service pension under rule B1A, or an ordinary pension under rule B1 or a short service award under rule B2 or a continued pension under rule B2A of that scheme, P ceases to be eligible to be a tapered protection member of the NFPS.
(2) P ceases to be a tapered protection member of the 1992 Scheme or the NFPS on whichever of the following days occurs first—
(a) P’s tapered protection closing date; or
(b) the day on which P ceases to be in pensionable service under the 1992 Scheme or if later, ceases to be eligible to be in pensionable service under the NFPS unless sub-paragraph (3) or sub-paragraph (4) applies.
(3) This sub-paragraph applies if—
(a) before P’s transition date P returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P would have been a protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(4) This sub-paragraph applies if—
(a) before P’s transition date P returns to service which is pensionable under the NFPS otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) P returns to service which is pensionable under the NFPS after a gap in service not exceeding five years.
(5) For the purpose of paragraph (4)(b), after the scheme closing date, P is not on a gap in service while P is in pensionable public service.
Exception for tapered protection members during protection period
16 (1) The protection period for a tapered protection member of the 1992 Scheme or the NFPS is the period which—
(a) begins on the day after the scheme closing date; and
(b) ends when P ceases to be a tapered protection member of the 1992 Scheme or the NFPS.
(2) During the protection period—
(a) P is eligible to be in pensionable service under the NFPS or where P is an active member of the 1992 Scheme, eligible to be in pensionable service under that scheme;
(b) section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and
(c) benefits are to be provided under the 1992 Scheme or the NFPS, as the case may be, to or in respect of P in relation to that pensionable service.
Tapered protection member not eligible to join this scheme
17 While a person (P) is a tapered protection member of the 1992 Scheme or the NFPS, P is not eligible to be an active member of this scheme in respect of that scheme employment.
Tapered protection: members of the 1992 Scheme or the NFPS on scheme closing date
18 (1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies.
(2) This sub-paragraph applies if—
(a) P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS on the scheme closing date;
(b) on 31st March 2012, P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS; and
(c) if P is an active member of the 1992 Scheme P would, unless P dies, reach normal pension age under that scheme, or if P is an active member or eligible to be an active member of the NFPS, P would reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 31st March 2026.
(3) This sub-paragraph applies if—
(a) P was an active member of an existing scheme other than the 1992 Scheme or the NFPS, or of an existing public body pension scheme, (“P’s transitional scheme”) on 31st March 2012;
(b) P was an active member of the NFPS on the scheme closing date; and
(c) P would, unless P dies, ... reach normal pension age under—
(i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and
(ii) P’s transitional scheme on or before 1st September 2025.
Tapered protection: members of an existing scheme
19 This paragraph applies if—
(a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;
(c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing scheme other than the 1992 Scheme or the NFPS;
(d) on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing scheme referred to in sub-paragraph (c) had P re-entered service which is pensionable under that scheme on that date; and
(e) P would, unless P dies, reach normal pension age under—
(i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and
(ii) P’s transitional scheme on or before 1st September 2025.
Tapered protection: members of an existing public body pension scheme
20 This paragraph applies if—
(a) P was an active member of an existing scheme (other than the 1992 Scheme or the NFPS) or an existing public body pension scheme on the closing date for that scheme;
(b) P was an active member of an existing scheme or an existing public body pension scheme (“P’s transitional scheme”) on 31st March 2012;
(c) P begins service which is pensionable under the NFPS not more than five years after leaving pensionable service under an existing public body pension scheme;
(d) on the date that P begins service which is pensionable under the NFPS, P would have been a protected member of the existing public body pension scheme referred to in (c) had P re-entered service which is pensionable under that scheme on that date; and
(e) P would, unless P dies, reach normal pension age under—
(i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and
(ii) P’s transitional scheme on or before 1st September 2025.
Tapered protection members of an existing scheme or an existing public body pension scheme
21 This paragraph applies if—
(a) paragraph 13 or 14 of this Schedule would have applied but for the fact that P would not have been a fully protected member of the existing scheme or existing public body pension scheme referred to in paragraph (13)(c) or (14)(c), as the case may be (“transferring scheme”) on the date P begins service which is pensionable under the NFPS; and
(b) P would have been a protected member of the transferring scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4)) applies had P re-entered service which is pensionable under the transferring scheme on the date P returns to service which is pensionable under the NFPS.
PART 3A Payment of ill-health benefits to transition members
Transition member who has not reached normal pension age under the NFPS
22. (1) This paragraph applies in relation to a transition member with continuity of service who—
(a) is a connected member of the NFPS or a connected special member of the NFPS;
(b) becomes entitled to an ill-health award under this scheme in relation to relevant scheme employment; and
(c) who has not reached normal pension age under the NFPS.
(2) If this paragraph applies—
(a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under rule 2 of Part 3 (awards on ill-health retirement) of the NFPS; and
(b) an ill-health award is payable under this scheme in accordance with this paragraph.
(3) If the member meets the conditions only for a lower tier ill-health pension under this scheme the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—
(a) the annual rate of a lower tier ill-health pension payable under this scheme; and
(b) an amount payable under regulation 65(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).
(4) Where the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 66(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.
(5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under Chapter 2 (transfers out of the Scheme) of Part 12 (transfers into and out of the Scheme) of the NFPS in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the ill-health award the amount in respect of service in the NFPS which is equal to the value represented by that transfer value payment.
(6) In this paragraph—
“relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the qualifying service for that connected member of the NFPS, or connected special member of the NFPS, was added for the purposes of regulation 57 (qualifying service).
Transition member who reaches normal pension age under the NFPS
23. (1) This paragraph applies in relation to a transition member with continuity of service who is receiving payment of an ill-health award in accordance with paragraph 22.
(2) When the member reaches normal pension age under the NFPS—
(a) the equivalent amount to the NFPS lower tier ill-health pension specified under regulation 59(2)(ba) (annual rate of retirement pension (active members)) ceases to be payable under this scheme; and
(b) the member becomes entitled under the NFPS to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount to the NFPS lower tier ill-health pension payable immediately the day before the member reaches normal pension age.
Transition member who has not reached normal pension age under the 1992 Scheme
24. (1) This paragraph applies in relation to a transition member who—
(a) was in pensionable service in the 1992 Scheme until the day before the transition date; and
(b) has continued in pensionable service in relevant scheme employment, or has been treated as an active member of this scheme in relation to that employment, until that member became entitled to an ill-health award under this scheme; and
(c) has not reached normal pension age under the 1992 Scheme or the age at which the conditions of rule B1 (ordinary pension) as modified by rule B1A (continuous service pension) of that Scheme are satisfied.
(2) If this paragraph applies—
(a) neither a lower tier ill-health pension nor a higher tier ill-health pension are payable under rule B3 (ill health awards) of the 1992 Scheme; and
(b) an ill-health award is payable from this scheme.
(3) If the member meets the conditions only for a lower tier ill-health pension under this scheme, the annual rate of a lower tier ill-health pension payable under this scheme is the sum of—
(a) the annual rate of a lower tier ill-health pension payable under this scheme; and
(b) an amount payable under regulation 65(4) (entitlement to lower tier ill-health pension and to higher tier ill-health pension).
(4) If the member meets the conditions for a higher tier ill-health pension under this scheme, the adjusted lower tier ill-health pension in regulation 66(4) (annual rate of ill-health awards) includes the amount in sub-paragraph (3)(b) for the purposes of the calculation of the annual rate of the higher tier ill-health pension.
(5) If, after an ill-health award becomes payable under this scheme, a transfer value payment is made under rule F9 (payment of transfer value) of the 1992 Scheme in respect of the member’s rights under that Scheme and the transfer relates to a period of service included as qualifying service in relation to the member’s retirement account, the scheme manager must deduct from the amount of the ill-health award an amount in respect of service in the 1992 Scheme which is equal to the value represented by that transfer value payment.
(6) In this paragraph—
“relevant scheme employment” means the continuous period of pensionable service in scheme employment in relation to the active member’s account to which the pensionable service in the 1992 Scheme was added for the purposes of regulation 57 (qualifying service).
Transition member who reaches normal pension age under the 1992 Scheme
25. (1) This paragraph applies in relation to a transition member who is receiving the payment of an ill-health award in accordance with paragraph 24.
(2) When the member reaches normal pension age under the 1992 Scheme or the age for retirement ascertained under rule B1A(3)(i) of that Scheme—
(a) the member ceases to be entitled to the immediate payment of the equivalent amount to the 1992 Scheme lower tier ill-health pension under regulation 65(4)(b) (entitlement to lower tier ill-health pension and to higher tier ill-health pension) under this scheme; and
(b) the member becomes entitled under the 1992 Scheme to the immediate payment of a continued pension of a sum equal to the annual rate of the equivalent amount of the 1992 Scheme lower tier ill-health pension payable immediately before the date on which the member reaches normal pension age or the age for retirement ascertained under rule B1A(3)(i) of the 1992 Scheme.
PART 3B Payment of death benefits in respect of transition members
Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the 1992 Scheme
26. (1) This paragraph applies in relation to a transition member who—
(a) was in pensionable service in the 1992 Scheme until the day before the transition date;
(b) has continued in pensionable service in scheme employment, or to be treated as an active member of this scheme, until that member dies; and
(c) dies as an active member of this scheme.
(2) Awards for surviving spouses and civil partners are not payable under Part C (awards on death- spouses) of the 1992 Scheme in respect of a member to whom this paragraph applies.
(3) A surviving spouse or civil partner of a member to whom this paragraph applies is not entitled to receive a bereavement pension under rule E8 of the 1992 Scheme.
Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS
27. (1) This paragraph applies in relation to a transition member with continuity of service who is a connected member of the NFPS or a connected special member of the NFPS—
(a) who dies as an active member of this scheme; and
(b) whose period of qualifying service is at least 3 months.
(2) Pensions for an eligible child are not payable under the NFPS in respect of that member.
Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
28. (1) This paragraph applies in relation to a transition member who—
(a) was in pensionable service in the 1992 Scheme until the day before the transition date;
(b) has continued in pensionable service in scheme employment, or has been treated as an active member of this scheme, until that member dies; and
(c) dies as an active member of this scheme.
(2) Awards for an eligible child are not payable under Part D (awards on death- children) and a bereavement pension is not payable under rule E8A of the 1992 Scheme in respect of that member.
Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS
29. (1) This paragraph applies in relation to a transition member (T) who is a member of the NFPS and who dies as an active member of this scheme.
(2) Subject to paragraph (3), where T dies as a pensioner member of the NFPS, the amount of the lump sum death benefit payable under this scheme is the greater of the amount of the lump sum death benefit payable under regulation 96(2) and the amount of post–retirement death grant payable under rule 2 (post-retirement death grant) of Part 5 of the NFPS.
(3) Where T at the time of T’s death was a pensioner member of this scheme and an active member of this scheme, and regulation 98 (lump sum payable on death in certain cases) applies, in a case where the greater amount of the lump sum death benefit payable is that under regulation 97 (lump sum payable on death of pensioner member), “regulation 96” in sub-paragraph (2) is to be read as “regulation 97”.
Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
30. (1) This paragraph applies in relation to a transition member (T) who is a member of the 1992 Scheme and who dies as an active member of this scheme.
(2) Sub-paragraph (3) applies where paragraph (7) of rule A3 of the 1992 Scheme applied to T immediately before T died and a lump sum death grant of an amount specified in regulation 96(2) (lump sum payable on death of active member) of this scheme is payable to those persons that the scheme manager determines under regulation 95 (person to whom lump sum death benefit payable) and—
(a) a lump sum death grant has been paid under rule E1 of the 1992 Scheme,
(b) a payment of the balance of contributions has been made under rule E4 of the 1992 Scheme, or
(c) a dependent relative’s gratuity has been paid under rule E3 of the 1992 Scheme.
(3) Where this sub-paragraph applies, any payments which are referred to in sub-paragraphs (a), or (b), or (c) of paragraph (2) and which have been made must be deducted from the lump sum death grant payable under regulation 96.
(4) Sub-paragraph (5) applies where T dies as a deferred member of the 1992 Scheme or in receipt of a pension from that Scheme and a lump sum death grant of an amount specified in regulation 96(2) of this scheme is payable to those persons that the scheme manager determines under regulation 95 and—
(a) a dependent relative’s gratuity has been paid under rule E3 of the 1992 Scheme, or
(b) an amount of post retirement death grant has been paid under rule E4.
(5) Where this sub-paragraph applies, the payments which are referred to in sub-paragraphs (a) or (b) of paragraph (4) and which have been made must be deducted from the amount of lump sum death grant payable under regulation 96.
PART 3C Transitional provisions relating to the NFPS and the 1992 Scheme
Pensionable service under the NFPS
31. (1) This paragraph applies in relation to a transition member (T) who is a connected member of the NFPS, or a connected special member of the NFPS, and has continuity of service.
(2) The following provisions of Chapter 2 (purchase of additional service) of Part 11 (pensionable pay, pension contributions and purchase of additional service) of the NFPS continue to apply after the transition date as if T continued in pensionable service under that scheme—
(a) the provisions relating to the payment of periodical contributions for the purchase of additional service if T had made an election to purchase additional service under rule 6 (election to purchase additional service) ...;
(b) the provisions relating to the payment of the mandatory special period pension contributions payable in respect of an election to purchase service during the limited period under rule 6A (election to purchase service during the limited period).
(3) In determining whether T qualifies under the NFPS for retirement benefits (other than an award on ill-health retirement or a deferred pension), T’s pensionable service under the NFPS terminates when T’s pensionable service under this scheme terminates.
Final salary of certain transition members for any purposes of the NFPS
32. (1) This paragraph applies to a transition member (T) with continuity of service who is in pensionable service under this scheme and is a member of the NFPS.
(2) Subject to sub-paragraphs (3) to (5), in determining T’s final pensionable pay for any purposes of the NFPS under Schedule 7 to the 2013 Act (final salary link)—
(a) the provisions of paragraph 1 or paragraph 2 of that Schedule apply as if “final salary” were a reference to “final pensionable pay”, and
(b) pensionable pay derived from service under this scheme is to be regarded as derived from service under the NFPS.
(3) Where T’s pensionable pay derived from service under this scheme at a time when T’s final pensionable pay is determined for any purposes of the NFPS under Schedule 7 (final salary link) to the 2013 Act is lower than T’s pensionable pay derived from service under the NFPS on the day before the transition date—
(a) sub-paragraph (2) does not apply, and
(b) T’s final pensionable pay is determined in accordance with rule 1 (pensionable pay) and rule 2 (final pensionable pay) of Part 11 of the NFPS.
(4) Where T’s pensionable pay derived from service under this scheme at the time when T’s final pensionable pay is determined for any purposes of the NFPS under Schedule 7 to the 2013 Act (final salary link) is lower than the pensionable pay for any year after the transition date, the pensionable pay for the year of service before the reduction in pensionable pay is to be regarded for the purposes of Schedule 7 as the pensionable pay derived from service under the NFPS.
(5) The definition of pensionable pay derived from service under this scheme in regulation 17 (pensionable pay) is modified for the purposes of sub-paragraphs (2) and (4) by the omission of paragraph (1)(d) of that regulation and in a case where T is being paid an allowance or supplement within the meaning of paragraph (6) of rule 1 to Part 11 of the NFPS which the employer would have treated as pensionable under that Scheme were the member still a firefighter member of that Scheme, that amount is treated as included in pensionable pay for the purposes of determining T’s final pensionable pay under the NFPS.
Final salary of certain transition members for any purposes of the 1992 Scheme
33. (1) This paragraph applies in relation to a transition member (T) with continuity of service who is in pensionable service under this scheme and is a member of the 1992 Scheme.
(2) Subject to sub-paragraphs (3) to (5), in determining T’s average pensionable pay for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link)—
(a) the provisions of paragraph 1 of that Schedule apply as if “final salary” were a reference to “average pensionable pay”, and
(b) pensionable pay derived from service under this scheme is to be regarded as derived from service under the 1992 Scheme.
(3) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link) is lower than T’s pensionable pay derived from service under the 1992 scheme on the day before the transition date—
(a) paragraph (2) does not apply, and
(b) T’s average pensionable pay is determined in accordance with rule G1 (pensionable pay and average pensionable pay) of the 1992 Scheme.
(4) Where T’s pensionable pay derived from service under this scheme at the time when T’s average pensionable pay is determined for any purposes of the 1992 Scheme under Schedule 7 to the 2013 Act (final salary link) is lower than the pensionable pay for any year after the transition date, the pensionable pay for the year of service before the reduction in pensionable pay is to be regarded for the purposes of Schedule 7 as the pensionable pay derived from service under the 1992 Scheme.
(5) The definition of pensionable pay derived from service under this scheme in regulation 17 is modified for the purposes of sub-paragraphs (2) and (4) by the omission of paragraph (1)(d) of that regulation and in a case where the member of the 1992 Scheme is being paid an allowance or supplement within the meaning of paragraph (9) of rule G1 (pensionable pay and average pensionable pay) which the employer would have treated as pensionable pay under that Scheme were the member still entitled to reckon pensionable service in that Scheme, that amount is included in pensionable pay for the purposes of determining T’s average pensionable pay under the 1992 Scheme.
Continuous pensionable service under the 1992 Scheme
34. (1) This paragraph applies to a transition member (T) who was in pensionable service under the 1992 Scheme on the date before that member’s transition date and joined this scheme on the transition date, and has remained in pensionable service under this scheme until the date on which T qualifies under the 1992 Scheme for an award under that Scheme.
(2) The requirement in paragraph (1) that T has remained in pensionable service under this scheme is satisfied where T has been or is treated as an active member of this scheme.
(3) In determining whether T qualifies under the 1992 Scheme for retirement benefits (other than an award on ill-health retirement or to a deferred pension), T’s pensionable service under the 1992 Scheme terminates when T’s pensionable service under this scheme terminates.
(4) For the purposes of calculating the pension under rule B1A of the 1992 Scheme and for the commutation under rule B7 (commutation – general provision) of that Scheme, pensionable service under this scheme is reckonable under rule F2 (current service) of that Scheme as 2015 pensionable service.
(5) Where T had elected to pay periodical contributions for increased benefits under rule G6 (election to purchase increased benefits) of the 1992 Scheme, these continue to be payable as if T continued in pensionable service under the 1992 Scheme until T leaves pensionable service under the 2015 Scheme.
(6) If after the transition date T returns to work following a period of maternity or adoption leave and is entitled to elect to pay pension contributions under rule G2A (optional pension contributions during maternity and adoption leave) of the 1992 Scheme in respect of that period, the election may only be made in respect of the period before the transition date.
(7) Where this paragraph applies and T is entitled to an ordinary pension under rule B1 (ordinary pension) of the 1992 Scheme or a short service award under rule B2 (short service award) of that Scheme, T’s ordinary pension, or short service award, as the case may be, is calculated in accordance with Part 2A of Schedule 2 of the 1992 Scheme and Part 1 and Part 2 of Schedule 2 to that Scheme do not apply.
Deferred member of the 1992 Scheme
35. A transition member with accrued benefits in the 1992 Scheme to whom paragraph 34 does not apply is a deferred member of the 1992 Scheme.
Deferred member of the NFPS
36. (1) A transition member with continuity of service (T), who is a connected member of the NFPS or a connected special member of the NFPS, does not become a deferred member of that Scheme unless T becomes a deferred member of this scheme in relation to the active member’s account to which the qualifying service for that connected member of the NFPS or connected special member of the NFPS was added.
(2) If T opts out of this scheme in relation to a scheme employment, or leaves scheme employment before being entitled to a pension in relation to that pensionable service, and T has at least 3 months’ qualifying service—
(a) T becomes a deferred member of the NFPS in relation to pensionable service under that scheme; and
(b) any periodical payments for additional service under the NFPS cease to be payable.
(3) If T re-enters pensionable service under this scheme after a gap in service not exceeding 5 years, T ceases to be a deferred member of the NFPS.
Authority determines the entitlement of a member of the NFPS to an ill-health award
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authority determines the entitlement of a member of the 1992 Scheme to an ill- health award
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repayment of contributions under the NFPS
39. If a transition member with continuity of service (T) opts out of this scheme and T has less than 3 months’ qualifying service in the NFPS and this scheme—
(a) T must be repaid pension contributions and special pension contributions and mandatory special period pension contributions paid under the NFPS; and
(b) any further periodical payments for additional service to be paid under the NFPS cease to be payable.
Qualifying for retirement benefits under the NFPS
40. In determining whether a transition member with continuity of service qualifies for retirement benefits under the NFPS, the member’s qualifying service includes the total of—
(a) the member’s qualifying service under the NFPS; and
(b) the member’s qualifying service under this scheme.
Qualifying for retirement benefits under the 1992 Scheme
41. In determining whether a transition member with continuity of service qualifies for retirement benefits under the 1992 Scheme, the member’s qualifying service includes the total of—
(a) the member’s qualifying service under the 1992 Scheme; and
(b) the member’s qualifying service under this scheme.
Final salary link not to apply again to a pension in payment under the NFPS
42. Where any element of a pension under the NFPS which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 of Schedule 7 to the 2013 Act).
Final salary link not to apply again to a pension in payment under the 1992 Scheme
43. Where any element of a pension under the 1992 Scheme which is in payment under that Scheme has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 (final salary link) to the 2013 Act in consequence of a subsequent period of pensionable public service (within the meaning of paragraph 3 to Schedule 7 to the Act).
PART 3D Transfer of final salary benefits
Meaning of “final salary benefit”
44. (1) In this Part, “final salary benefit” means benefit accrued under a final salary scheme, subject to sub-paragraph (2).
(2) Where only part of the pension entitlement payable under a final salary scheme to or in respect of person which is based on the pensionable service of that person is or may be determined by reference to the person’s final salary, “final salary benefit” means the benefit in respect of which the pension entitlement is so determined.
Acceptance of club transfer value payments
45. Any part of a club transfer value payment from another scheme that relates to a member’s final salary benefit apart from a payment from the 1992 scheme as that scheme has effect in Scotland, Wales and Northern Ireland must be paid into the NFPS.
Member of this scheme or the NFPS
46. (1) This paragraph applies to a person who transfers final salary benefits into the NFPS.
(2) Unless the person is a protected member of the NFPS the person’s service in relation to the final salary benefits which have been transferred into the NFPS is taken to be qualifying service for the purposes of this Scheme and, the person—
(a) becomes a member of this scheme; and
(b) is taken to be a transition member with continuity of service.
PART 4
1992 Scheme
Date of birth from | Date of birth to | Date of end of protection
02/04/1967 | 01/05/1967 | 31/03/2022
02/05/1967 | 01/06/1967 | 06/02/2022
02/06/1967 | 01/07/1967 | 14/12/2021
02/07/1967 | 01/08/1967 | 23/10/2021
02/08/1967 | 01/09/1967 | 29/08/2021
02/09/1967 | 01/10/1967 | 06/07/2021
02/10/1967 | 01/11/1967 | 15/05/2021
02/11/1967 | 01/12/1967 | 21/03/2021
02/12/1967 | 01/01/1968 | 28/01/2021
02/01/1968 | 01/02/1968 | 05/12/2020
02/02/1968 | 01/03/1968 | 11/10/2020
02/03/1968 | 01/04/1968 | 22/08/2020
02/04/1968 | 01/05/1968 | 28/06/2020
02/05/1968 | 01/06/1968 | 07/05/2020
02/06/1968 | 01/07/1968 | 14/03/2020
02/07/1968 | 01/08/1968 | 21/01/2020
02/08/1968 | 01/09/1968 | 28/11/2019
02/09/1968 | 01/10/1968 | 05/10/2019
02/10/1968 | 01/11/1968 | 13/08/2019
02/11/1968 | 01/12/1968 | 20/06/2019
02/12/1968 | 01/01/1969 | 28/04/2019
02/01/1969 | 01/02/1969 | 05/03/2019
02/02/1969 | 01/03/1969 | 10/01/2019
02/03/1969 | 01/04/1969 | 22/11/2018
02/04/1969 | 01/05/1969 | 29/09/2018
02/05/1969 | 01/06/1969 | 07/08/2018
02/06/1969 | 01/07/1969 | 14/06/2018
02/07/1969 | 01/08/1969 | 22/04/2018
02/08/1969 | 01/09/1969 | 27/02/2018
02/09/1969 | 01/10/1969 | 04/01/2018
02/10/1969 | 01/11/1969 | 12/11/2017
02/11/1969 | 01/12/1969 | 19/09/2017
02/12/1969 | 01/01/1970 | 29/07/2017
02/01/1970 | 01/02/1970 | 04/06/2017
02/02/1970 | 01/03/1970 | 11/04/2017
02/03/1970 | 01/04/1970 | 21/02/2017
02/04/1970 | 01/05/1970 | 29/12/2016
02/05/1970 | 01/06/1970 | 06/11/2016
02/06/1970 | 01/07/1970 | 13/09/2016
02/07/1970 | 01/08/1970 | 23/07/2016
02/08/1970 | 01/09/1970 | 29/05/2016
02/09/1970 | 01/10/1970 | 05/04/2016
02/10/1970 | 01/11/1970 | 13/02/2016
02/11/1970 | 01/12/1970 | 20/12/2015
02/12/1970 | 01/01/1971 | 29/10/2015
02/01/1971 | 01/02/1971 | 05/09/2015
02/02/1971 | 01/03/1971 | 12/07/2015
02/03/1971 | 01/04/1971 | 24/05/2015
NFPS
Date of birth from | Date of birth to | Date of end of protection
02/04/1962 | 01/05/1962 | 31/03/2022
02/05/1962 | 01/06/1962 | 06/02/2022
02/06/1962 | 01/07/1962 | 14/12/2021
02/07/1962 | 01/08/1962 | 23/10/2021
02/08/1962 | 01/09/1962 | 29/08/2021
02/09/1962 | 01/10/1962 | 06/07/2021
02/10/1962 | 01/11/1962 | 15/05/2021
02/11/1962 | 01/12/1962 | 21/03/2021
02/12/1962 | 01/01/1963 | 28/01/2021
02/01/1963 | 01/02/1963 | 05/12/2020
02/02/1963 | 01/03/1963 | 11/10/2020
02/03/1963 | 01/04/1963 | 23/08/2020
02/04/1963 | 01/05/1963 | 30/06/2020
02/05/1963 | 01/06/1963 | 09/05/2020
02/06/1963 | 01/07/1963 | 15/03/2020
02/07/1963 | 01/08/1963 | 23/01/2020
02/08/1963 | 01/09/1963 | 30/11/2019
02/09/1963 | 01/10/1963 | 06/10/2019
02/10/1963 | 01/11/1963 | 15/08/2019
02/11/1963 | 01/12/1963 | 22/06/2019
02/12/1963 | 01/01/1964 | 30/04/2019
02/01/1964 | 01/02/1964 | 07/03/2019
02/02/1964 | 01/03/1964 | 12/01/2019
02/03/1964 | 01/04/1964 | 22/11/2018
02/04/1964 | 01/05/1964 | 29/09/2018
02/05/1964 | 01/06/1964 | 07/08/2018
02/06/1964 | 01/07/1964 | 14/06/2018
02/07/1964 | 01/08/1964 | 22/04/2018
02/08/1964 | 01/09/1964 | 27/02/2018
02/09/1964 | 01/10/1964 | 04/01/2018
02/10/1964 | 01/11/1964 | 12/11/2017
02/11/1964 | 01/12/1964 | 19/09/2017
02/12/1964 | 01/01/1965 | 29/07/2017
02/01/1965 | 01/02/1965 | 04/06/2017
02/02/1965 | 01/03/1965 | 11/04/2017
02/03/1965 | 01/04/1965 | 21/02/2017
02/04/1965 | 01/05/1965 | 29/12/2016
02/05/1965 | 01/06/1965 | 06/11/2016
02/06/1965 | 01/07/1965 | 13/09/2016
02/07/1965 | 01/08/1965 | 23/07/2016
02/08/1965 | 01/09/1965 | 29/05/2016
02/09/1965 | 01/10/1965 | 05/04/2016
02/10/1965 | 01/11/1965 | 13/02/2016
02/11/1965 | 01/12/1965 | 20/12/2015
02/12/1965 | 01/01/1966 | 29/10/2015
02/01/1966 | 01/02/1966 | 05/09/2015
02/02/1966 | 01/03/1966 | 12/07/2015
02/03/1966 | 01/04/1966 | 24/05/2015