Paragraph 3 Amendment of Part 3 (personal awards)

Part 3 is amended as follows.

In rule 1 (ordinary pension) for paragraph (2) substitute—

“(2)

This rule does not apply to—

(a)

a firefighter member whose notice of retirement states that the member is retiring for the purpose of taking up employment with another authority; or

(b)

subject to rule 18 of Part 12, a special firefighter member in respect of special pensionable service.”

After rule 1 insert—

“Special member’s ordinary pension

1A.

(1)

Subject to paragraph (2), this rule applies to a member of this Scheme who is a special member and who satisfies one of the special eligibility conditions and retires or has retired.

(2)

This rule does not apply to a special firefighter member whose notice of retirement states that the member is retiring for the purpose of taking up employment as a firefighter with another authority.

(3)

Where a special member to whom this rule applies—

(a)

is not entitled to an ill health award under rule 2 or 2A;

(b)

attains or has attained the age of 55; and

(c)

retires,

the member is entitled to a special member’s ordinary pension.

(4)

A special member who is not entitled to a special member’s ordinary pension under paragraph (3) or an ill health award under rule 2 or 2A is entitled to a deferred pension.

(5)

Where a special member to whom this rule applies becomes entitled to a special member’s ordinary pension in respect of service as a retained firefighter, the special member’s ordinary pension must be calculated by multiplying the member’s final pensionable pay by the member’s special pensionable retained service and dividing the resultant amount by 45.

(6)

Where a special member to whom this rule applies has special pensionable service as a regular firefighter accrued whilst the member was a special member, the member becomes entitled on retiring to a special member’s ordinary pension calculated by multiplying that part of the member’s special pensionable service which is attributable to the member’s service as a regular firefighter by the member’s final pensionable pay and dividing the resultant amount by 45.

(7)

Where paragraph (6) applies, the amount calculated under that paragraph must be added to the amount calculated under paragraph (5).

(8)

Where a person joins this Scheme as a special pensioner member and is entitled to a pension under this rule, the authority must pay to the member a lump sum equal to the value, together with interest, of the pension payments (“the past pension payments”) which the member would have received up to the date of payment of the lump sum if at the date of the member’s retirement the member had been a member of this Scheme who had made contributions equivalent to the member’s contributions under rules 6A and 6B of Part 11 and must thereafter pay the member a special member’s ordinary pension.

(9)

The interest payable in accordance with paragraph (8) is payable as follows—

(a)

for the purposes of calculating interest under this paragraph it must be assumed that the past pension payments were payable from the date that the member reached normal retirement age;

(b)

interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (8) of this rule;

(c)

interest must be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of the lump sum,

and for the purposes of this rule “past interest rate” (“cyfradd llog gynt”) is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).”

In rule 2 (award on ill-health retirement)—

After rule 2 insert—

“Retrospective award on ill-health retirement

2A.

(1)

This rule applies to a person who elects to join this Scheme as a special deferred member or a special pensioner member and who had been dismissed on the grounds of ill-health or had retired from employment as a retained firefighter before 6 April 2006.

(2)

A person to whom this rule applies may apply to the authority which last employed the person as a retained firefighter to be assessed by an IQMP selected by it to determine whether the person was permanently incapable of performing the duties of a firefighter on the date on which the person was dismissed on the grounds of ill-health or retired and whether the person has become capable of performing those duties since that date.

(3)

An application under paragraph (2) must be made during the period of three months beginning with the day on which the notice was served by the authority under rule 5A(13) (purchase of service during the limited period) of Part 11.

(4)

The authority must obtain a written opinion from an IQMP on whether the person was at the date of the dismissal or retirement permanently incapable of performing the duties of a firefighter and if so, whether the person has become capable of performing those duties since that date.

(5)

The authority must determine whether the person is entitled to a retrospective award for ill-health retirement on the basis of the written opinion of the IQMP and may only determine that a person is entitled to an award where the IQMP gives an opinion that the person was permanently incapable of performing the duties of a firefighter on the date of the dismissal or retirement and has not become capable of performing those duties since that date.

(6)

The IQMP must certify in their opinion under paragraph (4)—–

(a)

that the IQMP has not previously advised, or given their opinion on, or otherwise been involved in, the particular case for which the opinion has been requested, and

(b)

that the IQMP is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.

(7)

Where the IQMP has given an opinion under paragraph (4), it shall be subject to review under rule 3 (review of medical opinion) of Part 8 (determination of questions and appeals) and to the outcome of an appeal under rule 4 (appeals against decisions based on medical advice) of Part 8.

(8)

An IQMP’s opinion under paragraph (4) is binding on the authority unless it is superseded by the IQMP’s response under rule 3 of Part 8 or the outcome of an appeal under rule 4 of Part 8 as mentioned in paragraph (7).

(9)

If—

(a)

the person concerned wilfully or negligently fails to submit to medical examination by the IQMP selected by the authority, and

(b)

the IQMP is unable to give an opinion on the basis of the medical evidence available,

the authority may make a decision on the issue on such other medical evidence as they think fit, or without medical evidence.

(10)

If the authority determine that the person is entitled to a retrospective award following ill-health retirement, they must give written notice to the person within 14 days of their determination together with a copy of the IQMP’s opinion.

(11)

Where the authority do not determine that the person is entitled as mentioned in paragraph (10) to a retrospective award following ill-health retirement, they must—

(a)

give written notice to the person within 14 days of their determination;

(b)

provide the person with a copy of the IQMP’s opinion; and

(c)

inform the person that the person can apply for a review of that opinion under rule 3 (review of medical opinion) or appeal against that decision under rule 4 (appeals against decisions based on medical advice) of Part 8 (determination of questions and appeals).

(12)

Where a person has satisfied one of the special eligibility conditions and the authority have determined that the person is entitled to a retrospective award following ill-health retirement, the authority must pay to the person a lump sum equal to the value, together with interest, of the payments of higher tier ill-health pension (“past pension payments”) which the person would have received up to the date of payment of the lump sum if at the date of the dismissal or retirement the person had been a member of this Scheme who had made contributions equivalent to the person’s contributions under rule 6A of Part 11 and must thereafter pay the person a higher tier ill-health pension.

(13)

The interest payable in accordance with paragraph (12) is payable as follows—

(a)

for the purposes of calculating interest under this paragraph it is assumed that the past pension payments were payable from the date that the member would have first received payment of higher tier ill-health pension if, at the date of the dismissal or retirement, the member had been a member of this Scheme;

(b)

interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (12) of this rule;

(c)

interest must be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of the lump sum,

and for the purposes of this rule “past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).

(14)

A member of this Scheme entitled to a retrospective award under this rule is not entitled to an ordinary pension or a special member’s ordinary pension in respect of the same special pensionable service.”

In rule 3 (deferred pension)—

In paragraph (1) of rule 5 (pension on member-initiated early retirement), after “firefighter member” insert “other than a special firefighter member”.

In rule 6 (pension on authority-initiated early retirement), after paragraph (2) insert—

“(3)

This rule does not apply to a firefighter member who is a special firefighter member.”

In rule 7 (entitlement to two pensions)—

In rule 7A (additional pension benefit: long service)—

For rule 7B (additional pension benefit: continual professional development) substitute—

“Additional pension benefit

7B.

(1)

Where an authority determines that the benefits listed in paragraph (5) are pensionable, and in any added pension benefit year pays any such pensionable benefits to a firefighter member, the authority must credit the firefighter member with an amount of additional pension benefit in respect of that year.

(2)

Subject to paragraphs (3) and (4), the amount of additional pension benefit in respect of that year must be determined on 1 July immediately following the year in question in accordance with guidance and tables provided by the Scheme Actuary and separate guidance and tables must be provided for special members.

(3)

The amount of additional pension benefit determined in accordance with paragraph (2) must be increased on the first Monday of the following relevant tax year by the same amount as any increase which would have applied if that additional pension benefit were a pension to which the Pensions (Increase) Act 1971 applied and the beginning date for that pension were 1 July of the tax year immediately before the relevant tax year.

(4)

For the avoidance of doubt, the increase of additional pension benefit in the tax year 2010/2011 must be increased by the same percentage as the percentage increase in the Consumer Prices Index in September 2010 with effect from Monday 11 April 2011.

(5)

The benefits referred to in paragraph (1) are—

(a)

any allowance or supplement to reward additional skills and responsibilities that are applied and maintained outside the requirements of the firefighter member’s duties under the contract of employment but are within the wider functions of the job;

(b)

the amount (if any) paid in respect of a firefighter member’s continual professional development;

(c)

the difference between the firefighter member’s basic pay in their day to day role and any pay received whilst on temporary promotion or where the member is temporarily required to undertake higher role;

(d)

any performance related payment which is not consolidated into the member’s pay.

(6)

In this rule—

• “additional pension benefit year” (“blwyddyn budd pensiwn ychwanegol”) means the period of 12 months beginning with 1 July in which a firefighter is in receipt of any of the benefits listed in paragraph (5);

• “the beginning date” (“y dyddiad cychwyn”) means the date on which the pension is treated as beginning for the purposes of section 8(2) of the Pensions (Increase) Act 1971;

• “following relevant tax year” (“blwyddyn dreth berthnasol ddilynol”) means the tax year after the relevant tax year, in relation to which the member is not in receipt of a pension under this Scheme or entitled to a deferred pension under rule 3 of Part 3;

• “relevant tax year” (“blwyddyn dreth berthnasol”) means a tax year in relation to which—

  1. (a)

     the amount of a firefighter member’s pension benefits determined under this rule for the purposes of this Scheme is taken into account for tax purposes; and

  2. (b)

     the firefighter member is not in receipt of a pension under this Scheme or entitled to a deferred pension under rule 3, and

• “tax year” (“blwyddyn dreth”) means the period of 12 months beginning with 6 April.”

In rule 9 (commutation: general)—