Explanatory note

These Regulations amend the Firefighters’ Pension Scheme (England) Regulations 2014 (S.I. 2014/2848) (“the 2014 Regulations”) to make provision for unpaid carer’s leave to be included in calculating pensionable service, and to remedy an error in the Public Service Pensions Revaluation Orders for 2021 and 2022 (S.I. 2021/276 and S.I. 2022/215).

The Carer’s Leave Act 2023 (c. 18) provides an entitlement for employees to take unpaid leave to care for a dependant. These Regulations amend the 2014 Regulations to provide for the period of unpaid carer’s leave to be treated as a period during which the member received assumed pensionable pay.

Accrued pensions for active members of the firefighters’ pension scheme provided for in the 2014 Regulations are revalued annually, in accordance with the rate set out in an annual order made by HM Treasury under section 9(2) of the Public Service Pensions Act 2013 (c. 25).

HM Treasury, in a written statement dated 6th July 2023, announced that the orders for 2021 and 2022 contained errors, in that they had been based on provisional rather than final figures. These Regulations make amendments to the 2014 Regulations so that the correct revaluation figure can be taken into account in calculating accrued pension rights. A corresponding change is also made to the valuation of the accrued pension where a member transfers to certain other public sector pension schemes.

A full impact assessment has not been carried out for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.