SCHEDULE 1
Article 2
Amendments to Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007
1. Amendments to Part 1 (title and interpretation)
(1) Part 1 is amended as follows.
(2) In rule 2 (interpretation) in paragraph (1)—
(a)
(a) at the appropriate place, insert—
“
“the 2015 Scheme” (“Cynllun 2015Cynllun 2015”) means the Firefighters’ Pension Scheme (Wales) 2015 which was established by the 2015 Regulations;
”;
“
“extended limited period” (“cyfnod cyfyngedig estynedigcyfnod cyfyngedig estynedig”) means the period beginning on the date on which the person was first employed as a retained firefighter and ending on the earliest of—
(a) the date, if applicable, on which that person joined this Scheme as a special member or as a standard member in respect of service which that person could otherwise reckon as special pensionable service,
(b) the date, if applicable, on which that person ceased to be employed as a retained or a regular firefighter, and
(c) 31 March 2015;
”;
“
“special employment period” (“cyfnod cyflogaeth arbennigcyfnod cyflogaeth arbennig”) means the period beginning on 7 April 2000 and ending on 5 April 2006;
(b)
(b) for the definition of “mandatory special period”, substitute—
“
“mandatory special period” (“cyfnod arbennig gorfodolcyfnod arbennig gorfodol”) means—
(a) in relation to service purchased following an application made under rule 5A of Part 11 (purchase of service during the limited period), that part of a person’s service during the limited period beginning on the date selected by that person before 6 April 2006 and ending on the earlier of—
(i) the date on which the person joined this Scheme as a special member or as a standard member in respect of service which the person could otherwise reckon as special pensionable service, and
(ii) the date, if applicable, on which the person was dismissed or retired from employment as a regular or retained firefighter;
(b) in relation to service purchased following an application under rule 5B of Part 11 (purchase of service during the extended limited period), that part of a person’s service during the extended limited period beginning on the date selected by him before 6 April 2006 and ending on the last day of the extended limited period.
”;
(c)
(c) in the definition of “special membership”, after “special firefighter member,” insert “connected special member,”.
2. Amendments to Part 2 (scheme membership, cessation and retirement)
(1) Part 2 is amended as follows.
(2) In paragraphs (7)(b) and (11)(b) of rule 1A (special membership), for “1 July 2000” substitute “7 April 2000”.
(3) In paragraph (11)(b) of rule 1A, for “1 July 2000” substitute “7 April 2000”.
3. Amendments to Part 3 (personal awards)
(1) Rule 2A of Part 3 (retrospective award on ill-health retirement) is amended as follows.
(2) For paragraph (3) substitute—
“
3 An application under paragraph (2) must be made—
(a) where the person is purchasing service following an application under rule 5A of Part 11 (purchase of service during the limited period), during the period of three months beginning with the day on which the notice was served by the authority under rule 5A(13) of that Part;
(b) where the person is purchasing service following an application made under rule 5B of Part 11 (purchase of service during the extended limited period), during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(15) of that Part.
”
(3) After paragraph (14), insert—
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15 A member who was, on or before 1 February 2024, in receipt of a retrospective award under this rule may apply for a recalculated retrospective award, where the member has purchased additional service following an application made under rule 5B of Part 11 (“the additional service”).
16 An application under paragraph (15) must be made during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(15) of Part 11.
17 Following an application under paragraph (15), the authority must pay a lump sum equal to the difference between—
(a) the amount of the lump sum and the pension paid under paragraph (12) before the date of the application under paragraph (15), and
(b) the lump sum and pension amount that would have been paid under paragraph (12) before the date of the application, had those payments taken into account the additional service.
18 From the date of the application under paragraph (15), the authority must pay an ill-health pension calculated in accordance with paragraph (12), which takes into account the additional service.
19 The authority must refer an application made under paragraph (15) to the Scheme Actuary, who must calculate the amounts payable under paragraphs (17) and (18).
”
4. Amendment to Part 5 (awards on death)
(1) Part 5 is amended as follows.
(2) After rule 1A (death grant for limited period) insert—
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Death grant for extended limited period
1B.—(1) This rule applies where a person—
(a)
(a) was employed as a retained firefighter on or after 7 April 2000, and
(b)
(b) continued in such employment until the person died before 6 April 2006.
(2) Where the deceased was married, or a member of a civil partnership, at the time of the deceased’s death, their spouse or civil partner may apply in writing to the authority for a death grant and any such application must be made on or before 31 July 2025.
(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of the deceased’s death or where their spouse or civil partner has died since the deceased’s death, a child of the deceased may apply in writing to the authority for a death grant and any such application must be made on or before 31 July 2025.
(4) A person is not eligible for a child’s death grant under this rule if the person would not have been eligible for a child’s pension by virtue of anything in rule 7 of Part 4 (child pension: limitations and duration) at the time of the death of the deceased.
(5) The authority must determine the amount of the deceased’s pensionable pay based on—
(a)
(a) information provided by the person making the application, which is provided with that application, or in response to a request by the authority,
(b)
(b) if no information is provided, the authority’s records, or
(c)
(c) if no information is provided and no records are available, the assumption that the person’s retained pensionable pay for the period was equal to 25% of the pensionable pay of a whole-time regular firefighter employed in a similar role with equivalent qualifying service.
(6) Subject to paragraph (15), a death grant under this rule consists of—
(a)
(a) the basic death grant, calculated in accordance with paragraph (7), and
(b)
(b) the additional death grant, calculated in accordance with paragraph (8), if the additional death grant is payable under paragraph (9).
(7) The amount of the basic death grant is a sum equal to the product of 2.5 and the amount of pensionable pay which the authority determine the deceased received in the deceased’s last year of service.
(8) The amount of the additional death grant must be calculated in accordance with the formula—
where—
A is the amount of pensionable pay which the authority determine the deceased received in their last year of service, and
B is the number of completed years (which has the meaning in rule 6(2) of Part 10 (calculation of pensionable service)) during which the deceased was employed as a retained firefighter in the period before 7 April 2000, as determined by the authority.
(9) The...
