{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-england-amendment-order-2026/schedule/paragraph-5",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-england-amendment-order-2026/schedule/paragraph-5.json",
  "legislation": "uksi/2026/281",
  "legislation_title": "The Firefighters’ Pension Scheme (England) (Amendment) Order 2026",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-england-amendment-order-2026",
  "path": "schedule/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) Part 12 (transfers into and out of the scheme) is amended as follows.\n(2) In rule 17(1) (converting membership from standard membership to special membership), for sub-paragraph (a) substitute—\n“(a) to a person who is a standard member of this Scheme and who is\n(i) a special firefighter member,\n(ii) is entitled to join this Scheme as a special firefighter member or a connected special member,\n(iii) subject to rules 18A and 18B, a special pensioner member who was previously a special deferred member, or\n(iv) subject to rule 18B, a special deferred member.”.\n(3) In rule 18(1)(a)(converting membership from standard membership to special membership - special pensioner members), for sub-paragraph (a) substitute—\n“(a) to a person who is—\n(i) a special pensioner member,\n(ii) is entitled to be a special pensioner member and who is in receipt of an ordinary pension, a higher tier ill-health pension, or a lower tier ill-health pension, or\n(iii) subject to rule 18B, is entitled to a deferred pension under rule 3 of Part 5 (deferred pension) or rule 5 of Part 3 (pension on member-initiated early retirement);”.\n(4) After rule 18 insert—\n“Converting membership from standard membership to special membership - special pensioner members who were previously special deferred members\n18A (1) This rule applies to a person to whom rule 17 applies and who is a special pensioner member who was previously a special deferred member.\n(2) Where the member makes an election under rule 17(5), the amount payable under that rule must be—\n(a) calculated in accordance with guidance provided by the Scheme Actuary, and\n(b) paid by lump sum payment.\n(3) When the payment required by rule 17(5) has been paid, then subject to rule 17(7)—\n(a) the member’s pensionable service as a standard member must be treated as special pensionable service,\n(b) the member must continue to receive their ordinary or ill-health pension in respect of their pensionable service as a standard member, and\n(c) the member must, in addition, receive their special member’s ordinary pension or ill-health pension in respect of their special pensionable service as a special member.\n(4) The special member’s ordinary pension or ill-health pension in respect of their special pensionable service payable under this rule must be reduced in accordance with tables produced by the Scheme Actuary, so that the total amount of pension that the member receives in accordance with sub-paragraphs 18A(3)(b) and (c) does not exceed the amount they would have received as a special member if—\n(a) they had not been an ordinary member of the Scheme, and\n(b) all of their service from the start of the mandatory special period to the date that the member’s special member’s ordinary pension or ill-health pension, as the case may be, becomes payable and which is eligible to be treated as special pensionable service, was treated as special pensionable service.\nConverting membership from standard membership to special membership - additional provisions\n18B (1) This rule applies to a person to whom rule 17 or 18 applies and who is—\n(a) a special deferred member;\n(b) a special pensioner member who was previously a special deferred member, or\n(c) in receipt of a deferred pension under rule 5 of Part 3 (pension on member-initiated early retirement).\n(2) The relevant authority must use reasonable endeavours to notify the person of their eligibility to apply to convert their membership in accordance with rule 17 or 18, as applicable by no later than 1st June 2026.\n(3) Where it is not reasonably practicable to comply with the requirement under paragraph (10) within the period specified, the authority shall comply with that requirement as soon as reasonably practicable after the end of that period and no later than 1st April 2027.\n(4) A person to whom this rule applies—\n(a) does not need to make an application under rule 17(2) or 18(2) at the same time as they make an application under rule 5A(5) or 5B(9) of Part 11 (purchase of service during the limited period or the extended limited period);\n(b) does not need to make an election under rule 17(5) or 18(5) at the same time as they make their election under rule 6A of Part 11 (election to purchase service during the limited period or the extended limited period);\n(c) must make an election under rule 17(5) or 18(5) within three months after receiving the statements referred to in rule 17(4) or 18(5), and\n(d) must, in any event, make an election before 1st April 2027.\n(5) The authority must provide the statements referred to in rule 17(4) or 18(4) within three months of receiving an application under rule 17(2) or 18(2), as applicable.\n(6) Where a person did not receive a notification from the authority under paragraph (2), despite the authority using reasonable endeavours to notify them as required by that paragraph, an election under rule 17(5) or 18(5), as applicable, may be made after 1st April 2027.”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. para. 5 in force at 1.4.2026 (as amended by S.I. 2026/301, art. 2), see art. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2014/445 and S.I. 2023/986."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/281/schedule/paragraph/5",
    "retrieved_at": "2026-10-28T21:04:20.109028+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}