The Firefighters'Pension Schemes and Compensation Scheme (Wales) (Amendment) Regulations 2020
| Jurisdiction | Wales |
| Citation | SI 2020/1511 (W323) |
| Year | 2020 |
2020 No. 1511 (W. 323)
Public Service Pensions, Wales
The Firefighters’ Pension Schemes and Compensation Scheme (Wales) (Amendment) Regulations 2020
Made 10th December 2020
Laid before Senedd Cymru 14th December 2020
Coming into force 23th February 2021
The Welsh Ministers make these Regulations in exercise of the powers conferred by section 26(1), (2) and (5) of the Fire Services Act 19471; section 12 of the Superannuation Act 19722, as applied by section 16(3) of that Act3; and section 34(1) to (4) of the Fire and Rescue Services Act 200445, now vested in the Welsh Ministers.
The Welsh Ministers also make these Regulations in exercise of the powers conferred by sections 1(1) and (2)(f)6, 2(1), 3(1) to (3) and 18(5)(a) and (6) of, and Schedules 2 (paragraph 6(b)) and 3 (paragraphs 1 to 4) to, the Public Service Pensions Act 20137.
Before making these Regulations, and in accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Welsh Ministers consulted such persons as they considered appropriate.
In accordance with section 21(1) of the Public Service Pensions Act 2013, the Welsh Ministers have consulted the representatives of such persons as appear to the Welsh Ministers likely to be affected by these Regulations.
PART 1
General
Title, commencement and application
1.—(1) The title of these Regulations is the Firefighters’ Pension Schemes and Compensation Scheme (Wales) (Amendment) Regulations 2020.
(2) These Regulations come into force on 23 February 2021.
(3) The provisions in—
(a)
(a) regulations 4(1), 4(2), 4(4) and 11 have effect from 5 December 2005;
(b)
(b) regulation 12 has effect from 1 April 2006;
(c)
(c) regulation 7 has effect from 6 April 2006;
(d)
(d) regulation 3 has effect from 1 April 2007;
(e)
(e) regulations 5 and 8 have effect from 1 December 2009;
(f)
(f) regulation 4(3) has effect from 13 March 2014;
(g)
(g) regulation 14 has effect from 1 April 20158.
(4) These Regulations apply in relation to Wales.
PART 2
Firemen’s Pension Scheme Order 1992
Amendments to the Firemen’s Pension Scheme Order 1992
2.Schedule 2 to the Firemen’s Pension Scheme Order 19929(in which is set out the Firefighters’ Pension (Wales) Scheme10(“the 1992 Scheme”)) is amended as set out in regulations 3 to 5.
Increases to split pensions: the 1992 Scheme
3. In Part B (personal awards), in rule B5A (entitlement to two pensions)11—
(a) in paragraph (2), for “exceeds” substitute “is lower than”;
(b) after paragraph (3) insert—
“3A. The amount of the first pension determined under paragraph (3) or (4B)(a), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter’s last day of service at the higher rate of pay, to which the Pensions (Increase) Act 197112applied.”;
(c) in paragraph (6), after “B1,” insert “B1A,”;
(d) in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.
Survivor benefits for civil partners and same sex spouses: the 1992 Scheme
4.—(1) In Part C (awards on death – spouses)—
(a)
(a) in rule C1 (spouse’s ordinary pension)—
(i) in paragraph (2)13, after “spouse” insert “or surviving civil partner”;
(ii) omit paragraph (2A)14;
(b)
(b) in rule C4 (spouse’s accrued pension), in paragraph (3)15—
(i) in sub-paragraph (a), after “spouse” insert “or surviving civil partner”;
(ii) omit sub-paragraph (b) and the “and” preceding it;
(c)
(c) in rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)16—
(i) in paragraph (2), after “spouse” insert “or surviving civil partner”;
(ii) omit paragraph (3);
(d)
(d) in rule C6 (spouse or civil partner’s requisite benefit and temporary pension), in paragraph (4)17—
(i) in sub-paragraph (a), omit “in the case of a surviving spouse,”;
(ii) omit sub-paragraph (b) and the “and” preceding it;
(e)
(e) in rule C8 (limitation where spouses living apart), in paragraph (2)18—
(i) in sub-paragraph (a), omit “in the case of a surviving spouse,”;
(ii) omit sub-paragraph (b) and the “and” preceding it.
(2) In Part J (special cases), in rule J1 (guaranteed minimum pensions)19—
(a)
(a) in paragraph (2)—
(i) for sub-paragraph (b) substitute—
“(b)
“(b) in the case of a person who dies at any time and leaves a widow, a surviving same sex spouse or surviving civil partner, that person is entitled to a pension of a weekly rate equal to half the deceased person’s guaranteed minimum, and”;
(ii) omit sub-paragraph (d) and the “and” preceding it;
(b)
(b) in paragraph (4), for “, (c) or (d)” substitute “or (c)”.
(3) In Schedule 1 (interpretation) to the 1992 Scheme, omit paragraphs 1 and 2 of Part 3 (provision relating to same sex couples)20.
(4) In Schedule 3 (awards on death – spouses) to the 1992 Scheme—
(a)
(a) in Part 3 (spouse’s accrued pension)—
(i) in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”;
(ii) in paragraph 3(1), after “spouse” insert “or surviving civil partner”;
(b)
(b) in Part 4 (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1)21and 2(1), after “surviving spouse” insert “or surviving civil partner”.
Commutation of small pension credits: the 1992 Scheme
5. In Part IA (pension credit members), in rule IA2(1)22(commutation of the pension credit benefits), for “In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)” substitute “Where the amount of pension payable under rule IA1 does not exceed the trivial commutation lump sum limit in paragraph 7 of Schedule 29 to the Finance Act 2004 (lump sum rule)23”.
PART 3
Firefighters’ Pension Scheme (Wales) Order 2007
Amendments to the Firefighters’ Pension Scheme (Wales) Order 2007
6.Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 200724(in which is set out the New Firefighters’ Pension Scheme (Wales) (“the 2007 Scheme”)) is amended as set out in regulations 7 to 9.
Increases to split pensions: the 2007 Scheme
7. In Part 3 (personal awards), in rule 7 (entitlement to two pensions)25—
(a) in paragraph (2) for “paragraphs (3) and (4)” substitute “paragraphs (3), (3A) and (4)”;
(b) after paragraph (3) insert—
“3A. The amount of the first pension determined under paragraph (3), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the date that paragraph (1) first applied to the member, to which the Pensions (Increase) Act 1971 applied.”
Commutation of small pension credits: the 2007 Scheme
8. In Part 6 (pension sharing on divorce), in rule 2 (commutation of whole of pension credit benefits), in paragraph (1), for “In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)” substitute “Where the amount of pension payable under this Part does not exceed the trivial commutation lump sum limit in paragraph 7 of Schedule 29 to the Finance Act 2004 (lump sum rule)26”.
Commuted portion: special members: the 2007 Scheme
9. In Annex ZA, for the Table substitute—
“Years | Age in years and completed months on day pension commences | ||||||||||||
0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | ||
Below 50 | 23.4 | ||||||||||||
50 | 22.4 | 22.3 | 22.3 | 22.3 | 22.3 | 22.2 | 22.2 | 22.2 | 22.2 | 22.1 | 22.1 | 22.1 | |
51 | 22.1 | 22.0 | 22.0 | 22.0 | 22.0 | 21.9 | 21.9 | 21.9 | 21.9 | 21.8 | 21.8 | 21.8 | |
52 | 21.8 | 21.7 | 21.7 | 21.7 | 21.7 | 21.6 | 21.6 | 21.6 | 21.6 | 21.5 | 21.5 | 21.5 | |
53 | 21.5 | 21.4 | 21.4 | 21.4 | 21.3 | 21.3 | 21.3 | 21.3 | 21.2 | 21.2 | 21.2 | 21.1 | |
54 | 21.1 | 21.1 | 21.1 | 21.0 | 21.0 | 21.0 | 21.0 | 20.9 | 20.9 | 20.9 | 20.9 | 20.8 | |
55 | 20.8 | 20.8 | 20.8 | 20.7 | 20.7 | 20.7 | 20.6 | 20.6 | 20.6 | 20.5 | 20.5 | 20.5 | |
56 | 20.4 | 20.4 | 20.4 | 20.4 | 20.3 | 20.3 | 20.3 | 20.2 | 20.2 | 20.2 | 20.1 | 20.1 | |
57 | 20.1 | 20.0 | 20.0 | 20.0 | 19.9 | 19.9 | 19.9 | 19.8 | 19.8 | 19.8 | 19.7 | 19.7 | |
58 | 19.7 | 19.6 | 19.6 | 19.6 | 19.5 | 19.5 | 19.5 | 19.4 | 19.4 | 19.4 | 19.3 | 19.3 | |
59 | 19.3 | 19.2 | 19.2 | 19.2 | 19.1 | 19.1 | 19.1 | 19.0 | 19.0 | 19.0 | 18.9 | 18.9 | |
60 | 18.9 | 18.8 | 18.8 | 18.7 | 18.7 | 18.7 | 18.6 | 18.6 | 18.6 | 18.5 | 18.5 | 18.5 | |
61 | 18.4 | 18.4 | 18.4 | 18.3 | 18.3 | 18.2 | 18.2 | 18.2 | 18.1 | 18.1 | 18.1 | 18.0 | |
62 | 18.0 | 18.0 | 17.9 | 17.9 | 17.8 | 17.8 | 17.8 | 17.7 | 17.7 | 17.7 | 17.6 | 17.6 | |
63 | 17.5 | 17.5 | 17.5 | 17.4 | 17.4 | 17.4 | 17.3 | 17.3 | 17.2 | 17.2 | 17.2 | 17.1 | |
64 | 17.1 | 17.1 | 17.0 | 17.0 | 16.9 | 16.9 | 16.9 | 16.8 | 16.8 | 16.8 | 16.7 | 16.7 | |
65 | 16.6 | 16.6 | 16.6 | 16.5 | 16.5 | 16.5 | 16.4 | 16.4 | 16.3 | 16.3 | 16.3 | 16.2 | |
66 | 16.2 | 16.2 | 16.1 | 16.1 | 16.0 | 16.0 | 16.0 | 15.9 | 15.9 | 15.9 | 15.8 | 15.8 | |
67 | 15.7 | 15.7 | 15.7 | 15.6 | 15.6 | 15.6 | 15.5 | 15.5 | 15.4 | 15.4 | 15.4 | 15.3 | |
68 | 15.3 | 15.2 | 15.2 | 15.2 | 15.1 | 15.1 | 15.1 | 15.0 | 15.0 | 14.9 | 14.9 | 14.9 | |
69 | 14.8 | 14.8 | 14.7 | 14.7 | 14.7 | 14.6 | 14.6 | 14.5 | 14.5 | 14.5 | 14.4 | 14.4 | |
70 | 14.3 | 14.3 | 14.3 | 14.2 | 14.2 | 14.1 | 14.1 | 14.0 | 14.0 | 14.0 | 13.9 | 13.9 | |
71 | 13.8 | 13.8 | 13.8 | 13.7 | 13.7 | 13.6 | 13.6 | 13.5 | 13.5 | 13.5 | 13.4 | 13.4 | |
72 | 13.3 | 13.3 | 13.2 | 13.2 | 13.2 | 13.1 | 13.1 | 13.0 | 13.0 | 12.9 | 12.9 | 12.8 | |
73 | 12.8 | 12.8 | 12.7 | 12.7 | 12.6 | 12.6 | 12.5 | 12.5 | 12.4 | 12.4 | 12.3 | 12.3 | |
74 | 12.3 | 12.2 | 12.2 | 12.1 | 12.1 | 12.0 | 12.0 | 11.9 | 11.9 | 11.8 | 11.8 | 11.7 | |
75 | 11.7 | ” | |||||||||||
PART 4
Firefighters’ Compensation Scheme (Wales) Order 2007
Amendments to the Firefighters’ Compensation Scheme (Wales) Order 2007
10.Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 200727(in...
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