Explanatory note

These Regulations make provision consequential on the Public Service Pensions and Judicial Offices Act 2022 to transfer all members of the Firefighters’ Pension (Wales) Scheme (“the 1992 Scheme”) and the New Firefighters’ Pension Scheme (Wales) (“the 2007 Scheme”) to the Firefighters’ Pension Scheme (Wales) 2015 (“the 2015 Scheme”) from 1 April 2022.

These Regulations amend the Firefighters’ Pension Scheme (Wales) Regulations 2015 which set out the 2015 Scheme.

Regulations 2 to 5 make provision in relation to members of the 1992 Scheme who transfer to the 2015 Scheme on 1 April 2022, where a fire and rescue authority in Wales had decided prior to transfer, to obtain the written opinion of an independent qualified medical practitioner in regard to a potential ill-health award. If it is subsequently decided that an ill-health award is payable then provision is made for the award to be at least equal to that which the member would have received had the decision on their ill-health award been made under the 1992 Scheme on 31 March 2022.

Regulation 6(2)(a) provides that the definition of “closing date” in Schedule 2 (which is the last day of membership of the 1992 Scheme or 2007 Scheme) is 31 March 2022 for fully protected members.

Regulation 6(2)(b) amends the definition of “transition date” in Schedule 2 to stipulate that the first day of membership of the 2015 Scheme is 1 April 2022 for fully protected members.

Regulation 6(3) removes the power for scheme managers to set an end date for tapered protection after 31 March 2022, and stipulates that all periods of tapered protection are to end on or before this date.

Regulation 6(4) is consequential on regulation 2(2)(a) and provides that fully protected members of the 1992 Scheme or 2007 Scheme cease to be members of those schemes on 31 March 2022.

Regulation 6(5) amends paragraph 31(2) of Schedule 2 so that no new elections to purchase additional service under the 2007 Scheme may be made after 31 March 2022.

Regulation 6(6) omits paragraphs 37 and 38 of Schedule 2 so that members who are awaiting a decision on whether they are entitled to an ill-health award under the 1992 Scheme or the 2007 Scheme on 1 April 2022 are transitioned to the 2015 Scheme on that date.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.