Paragraph 6 I1

Part 15 (miscellaneous provisions) is amended as follows.

After rule 6 (death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006) insert—

“Retained firefighter opt-out member

7

(1)

This rule applies to a person (“P”) who—

(a)

is a retained firefighter opt-out member, or

(b)

the spouse, civil partner or child of a retained firefighter opt-out member who is deceased.

(2)

Subject to paragraph (5), P may elect to pay pension contributions in respect of the retained firefighter opt-out member’s service during the part of the extended limited period during which the retained firefighter opt-out member or deceased firefighter opt-out member elected not to make pension contributions under rule 5(1) of Part 2 of this Scheme (election not to make pension contributions) or ceased to make periodic contributions such that rule 6B(5)(c) of Part 11 (election to purchase service during the limited period or the extended limited period) applied (the “opt-out period”).

(3)

P may elect to purchase pensionable service in respect of the opt-out period, provided that—

(a)

the election is made as soon as reasonably practicable and in any event not later than the date falling 12 months after the notification under paragraph (4), and

(b)

P pays the mandatory special period pension contributions that the retained firefighter opt-out member would have been required to pay in respect of the opt-out period, had he not elected not to make pension contributions under rule 5(1) of Part of this Scheme (election not to make pension contributions) or ceased to make periodic contributions such that rule 6B(5)(c) of Part 11 (election to purchase service during the limited period or the extended limited period) applied.

(4)

The relevant authority must use reasonable endeavours to notify P of their eligibility to purchase service during the opt-out period by 1st June 2026.

(5)

P may apply to the authority by which the retained firefighter opt-out member was employed during the op-out period for a statement of—

(a)

the service in respect of which they may become entitled to pay contributions under this rule, and

(b)

the mandatory special period pension contributions and any additional contributions required under paragraph (3)(b), which the person would be required to pay in respect of that service.

(6)

An application under paragraph (5) must be made in writing and must state—

(a)

the date on which the retained firefighter opt-out member took up employment as a retained firefighter;

(b)

if the retained firefighter opt-out member has left employment, the date on which they left;

(c)

the date on which the retained firefighter opt-out member joined this Scheme, and if they already joined this Scheme as a special member, the period of service the retained firefighter opt-out member has already elected to purchase under rule 6A of Part 11; and

(d)

the date on which the retained firefighter opt-out member opted-out of this Scheme.

(7)

An application under paragraph (5) must be made within six months of the receipt of the notification under paragraph (4).

(8)

Where P did not receive a notification from the authority under paragraph (4), despite the authority using reasonable endeavours to notify them as required by that paragraph, an application under paragraph (5) may be made after the date in paragraph (7).

(9)

An authority must determine the retained firefighter opt-out member’s service and pensionable pay during the opt-out period in accordance with rule 5C of Part 11 (purchase of service during the extended limited period – supplemental provision)^f1.

(10)

If an application is made under paragraph (5), mandatory special period pension contributions must be paid in respect of the retained firefighter opt-out member’s service during the mandatory special period.

(11)

Within three months of receiving an application under paragraph (5), the authority must give the applicant a notice setting out—

(a)

the period of service during the opt-out period which the person may purchase;

(b)

the amount of pension contributions payable in respect of the opt-out period under paragraph (3);

(c)

the pensionable pay and in appropriate cases the final pensionable pay which the authority have determined was paid during the period to which the entitlement relates.

(12)

The period of service referred to in paragraph (2) does not include any period of service in respect of which the person paid

(a)

pension contributions under this Scheme as a standard member, or

(b)

special pension contributions under this Scheme as a special member in relation to service during the limited period which the person elected to purchase following an application under rule 5A or 6A of Part 11.”.