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The Firefighters’ Pension Scheme (Wales) Regulations 2015

W.S.I. 2015/622 · Made 9 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2025.

Public Service Pensions, Wales

Made 9 March 2015

Laid before the National Assembly for Walest 10 March 2015

Coming into force 1 April 2015

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 1(1) and (2)(f)f1, 2(1), 3(1), (2), (3)(a) and (c), 4(5) and (6) as read with section 4(1)f2, 7(2), 8(1)(a)f3, 12(6) and (7), and 18(5), (5A)f4, (6) and (7) of, and paragraph 6(b) of Schedule 2, Schedule 3 and paragraphs 20 and 21 of Schedule 5 to, the Public Service Pensions Act 2013f5.

In accordance with section 21 of that Act, the Welsh Ministers have consulted the representatives of such persons as appear to the Welsh Ministers likely to be affected by these Regulations.

Annotations to the whole text

Footnotes

f1

See also section 1(3) and Schedule 1.

f2

Coming into force on 1 April 2015.

f3

See also section 8(2)(a) and (4).

f4

Subsection (5A) was inserted by the Pensions Act 2014 (c. 19), section 52.

f5

2013 c. 25.

Contents

  1. Part 1: Preliminary
  2. 1Title and commencement
  3. 2Establishment of Firefighters’ Pension Scheme (Wales) 2015
  4. 3Interpretation
  5. Part 2: Governance
  6. 4Scheme manager
  7. 5Local pension boards: establishment
  8. 6Local pensions board: membership
  9. 7Local pension boards: conflict of interest
  10. 8Local pension boards: guidance and advice
  11. 9Local pension boards: publication of information
  12. 10Scheme advisory board: establishment
  13. 11Scheme advisory board: membership
  14. 12Scheme advisory board: conflict of interest
  15. 13The Firefighters’ Pension Scheme Advisory Board for Wales: guidance
  16. 14Delegation
  17. Part 3: Scheme membership
  18. Chapter 1: Eligibility for active membership
  19. 15Scheme employment
  20. 16Eligible persons
  21. 17Service in two or more scheme employments
  22. Chapter 2: Pensionable service
  23. 18Application of Chapter
  24. 19Interpretation of Chapter
  25. 20Automatic enrolment
  26. 21Opting into this scheme
  27. 22Automatic re-enrolment
  28. 23Opting out of this scheme
  29. 24Opting out before the end of the first three months
  30. 25Opting out after the first three months
  31. Chapter 3: Pensionable pay
  32. 26Pensionable pay
  33. 27Meaning of “assumed pensionable pay”
  34. Chapter 4: Membership
  35. 28Active membership
  36. 29Deferred membership
  37. 30Pension credit member
  38. Part 4: Pension accounts
  39. Chapter 1: Preliminary
  40. 31Description of pension
  41. Chapter 2: Calculation of accrued pension
  42. 32Calculation of amount of accrued pension for purpose of deferment or retirement
  43. Chapter 3: Calculation of adjustments
  44. 33Calculation of “retirement index adjustment”
  45. 34Calculation of “retirement PIA index adjustment”
  46. 35Determination of “the age addition”
  47. 36Determination of “the assumed age addition”
  48. Chapter 4: Pension accounts: general
  49. 37Establishment of pension accounts: general
  50. 38Closure and adjustment of pension accounts on transfer out or repayment of balance of contributions
  51. Chapter 5: Active member’s account
  52. 39Application of Chapter
  53. 40Establishment of active member’s account
  54. 41Receipt of a transfer value payment
  55. 42Receipt of a club transfer value payment
  56. 43Amount of pension for a scheme year
  57. 44Opening balance, index adjustment and age addition
  58. 45Ill-health award ceases to be payable
  59. 46Closure and re-establishment of active member’s account
  60. Chapter 6: Added pension account
  61. 47Establishment of added pension account
  62. 48Account to specify amount of added pension
  63. 49Account to specify opening balance and PIA index adjustment
  64. 50Closure and transfer of added pension account
  65. 51Ill-health pension ceases to be payable
  66. Chapter 7: Deferred member’s account
  67. 52Application of Chapter
  68. 53Establishment of deferred member’s account
  69. 54Provisional amount of deferred pension
  70. 55Retirement amount of deferred pension
  71. 56Adjustment of account after early payment of deferred pension ceases
  72. 57Account established after ill-health award ceases to be payable
  73. 58Closure of deferred member’s account after gap in pensionable service not exceeding five years
  74. Chapter 8: Retirement account
  75. 59Establishment of retirement account and other adjustments
  76. 60Account to specify amount of retirement pension (active members)
  77. Chapter 9: Pension accounts for survivor members
  78. 61Establishment of survivor member’s account
  79. 62Amount of pension payable to survivor member
  80. Chapter 10: Pension accounts for pension credit members
  81. 63Establishment of pension credit member’s account
  82. 64Other pension accounts
  83. Part 5: Retirement benefits
  84. Chapter 1: Interpretation
  85. 65Application of Part
  86. 66Qualifying service
  87. Chapter 2: Retirement benefits
  88. 67Entitlement to retirement pension
  89. 68Annual rate of retirement pension (active members)
  90. 69Annual rate of retirement pension (deferred members)
  91. 70Early payment reduction
  92. 71Employer initiated retirement
  93. Chapter 3: Partial retirement benefits
  94. 72Exercise of partial retirement option
  95. 73Annual rate of retirement pension after exercise of partial retirement option
  96. Chapter 4: Ill-health benefits
  97. 74Entitlement to lower tier ill-health pension and higher tier ill-health pension
  98. 75Annual rate of ill-health awards
  99. 76Early payment of retirement pension to deferred member
  100. 77Review of ill-health award or early payment of retirement pension
  101. 78Consequences of review
  102. Chapter 5: Payment of retirement benefits
  103. 79Commencement of pensions
  104. 80Option to commute part of pension
  105. 80AOption to commute part of an equivalent amount
  106. Chapter 6: Allocation of part of pension
  107. 81Allocation election
  108. 82Making an allocation election
  109. 83Effect of allocation
  110. 84Adjustment of allocated benefit
  111. Part 6: Death benefits
  112. Chapter 1: Interpretation
  113. 85Meaning of “surviving partner”
  114. 86Meaning of “initial period”
  115. Chapter 2: Pensions for surviving partners
  116. 87Surviving partner’s pension payable on death of active member
  117. 88Surviving partner’s pension payable on death of deferred member
  118. 89Surviving partner’s pension payable on death of pensioner member
  119. 90Bereavement pension: surviving partner
  120. 91Reduction in pensions in cases of wide age disparity
  121. 92Survivor’s guaranteed minimum pensions
  122. Chapter 3: Pensions for eligible children
  123. 93Eligible child’s pension
  124. 94Meaning of “eligible child”
  125. 95Eligible child’s pension on death of active member
  126. 96Eligible child’s pension payable on death of deferred member
  127. 97Eligible child’s pension payable on death of pensioner member
  128. 98Specified proportion
  129. 99Increase in eligible child’s pension where there is no surviving partner
  130. 100Increase in eligible child’s pension where member was pension debit member
  131. 101Bereavement pension: eligible child
  132. Chapter 4: Lump sum death benefits
  133. 102Meaning of “final pay”
  134. 103Meaning of “annualised final pay”
  135. 104Person to whom lump sum death benefit payable
  136. 105Lump sum payable on death of active member
  137. 106Lump sum payable on death of pensioner member
  138. 107Lump sum payable on death in certain cases
  139. 108Lump sum payable on death of pension credit member
  140. Chapter 5: Payment of death benefits
  141. 109Payment of pensions under this Part
  142. 110Surviving partner’s pensions and eligible child’s pensions: suspension and recovery
  143. 111Provisional awards of eligible child’s pensions: later adjustments
  144. 112Adjustment of eligible child’s awards consequent on re-instatement of pension benefits
  145. 113Adjustment of benefits to comply with FA 2004 where members die over 75
  146. Part 7: Benefits for pension credit members
  147. 114Entitlement to pension credit members’ pension
  148. 115Annual rate of pension credit member’s pension
  149. 116Reduction in pension debit member’s benefits
  150. 117Pension credit member’s rights
  151. 118Commutation of part of pension
  152. Part 8: Contributions
  153. Chapter 1: Member contributions
  154. 119Member contributions
  155. 119AMember contributions from 1 September 2025
  156. 120Contributions during absence from work due to illness, injury, trade dispute or authorised absence
  157. 121Contributions during absence from work on reserve forces service leave
  158. 122Contributions during child-related leave
  159. 123Deduction and payment of contributions
  160. 124Schedule 1 (payments for added pension)
  161. Chapter 2: Refund of member contributions
  162. 125Refund of all member contributions and payments for added pension made by member
  163. Chapter 3: Employer contributions
  164. 126Employer contributions
  165. 127Employer additional contribution: ill-health award
  166. 128Refund of employer additional contribution for ill health award following review
  167. 129Employer additional contribution: employer initiated retirement
  168. Part 9: Firefighters’ Pension Fund
  169. 130Interpretation of Part
  170. 131Establishment of Firefighters’ Pension Fund
  171. 132Payments into the Firefighters’ Pension Fund
  172. 133Payments to be made from the Firefighters’ Pension Fund
  173. 134Information to be provided to the Welsh Ministers
  174. 135Estimated deficits
  175. 136Estimated surpluses
  176. 137Actual deficits
  177. 138Actual surpluses
  178. 139Duty to provide information
  179. Part 10: Transfers
  180. Chapter 1: Preliminary
  181. 140Application of this Part
  182. 141Interpretation in relation to this Part
  183. Chapter 2: Transfers out
  184. 142Transfer payments made to other schemes or pension arrangements
  185. 143Application for a statement of entitlement
  186. 144Statement of entitlement
  187. 145Request for transfer payment to be made
  188. 146Calculating the amount of a transfer value or club transfer value
  189. 147Effect of transfers-out
  190. Chapter 3: Transfers in
  191. 148Application of Chapter
  192. 149Interpretation of Chapter
  193. 150Request for acceptance of a transfer payment
  194. 151Transfer statement
  195. 152Amount of transferred pension
  196. 153Club transfer value statement
  197. 154Amount of club transfer earned pension
  198. Chapter 4: Transfer of pension account entries to another scheme manager
  199. 155Requirement for scheme manager to provide a certificate
  200. 156Request to confirm details on certificate
  201. 157Appeal concerning entries on the certificate
  202. 158Transfer of pension account entries
  203. Part 11: Actuarial valuations
  204. 159Appointment of scheme actuary and actuarial valuations
  205. 160Employer cost cap
  206. Part 12: Determinations and appeals
  207. Chapter 1: Determinations and role of IQMP
  208. 161Determinations by the scheme manager
  209. 162Role of IQMP in determinations by the scheme manager
  210. 163Review of medical opinion
  211. Chapter 2: Appeals to Board of Medical Referees
  212. 164Appeals against determinations based on medical evidence
  213. 165Notice of appeal
  214. 166Reference of appeal to the board
  215. 167Procedure where appeal to be pursued
  216. 168The board’s report
  217. 169Reconsideration by the board
  218. 170Fees and allowances payable to the board
  219. 171Expenses of each party
  220. 172Notices etc.
  221. Chapter 3: Appeals on other issues
  222. 173Appeals on other issues
  223. Part 13: Supplementary
  224. Chapter 1: Payment of pensions
  225. 174Late payment of retirement index adjustment
  226. 175Recovery of overpayment of benefits
  227. 176Guaranteed minimum pension
  228. 177Commutation of small pensions
  229. 178Payments for persons incapable of managing their affairs
  230. 179Payments due in respect of deceased persons
  231. 180Limitation on assignment of benefits
  232. Chapter 2: Forfeiture
  233. 181Forfeiture: offences committed by members, surviving partners or eligible children
  234. 182Forfeiture of pensions: offences committed by other persons
  235. 183Forfeiture of lump sum death benefit: offences committed by other persons
  236. 184Forfeiture: relevant monetary obligations and relevant monetary losses
  237. 185Set-off
  238. 186Forfeiture and set-off: procedure
  239. Chapter 3: Payment and deduction of tax
  240. 187Scheme administrator for the purposes of the Finance Act 2004
  241. 188Payment on behalf of members of lifetime allowance charge
  242. 189Reduction of benefits where lifetime allowance charge payable
  243. 190Information about payment of annual allowance charge
  244. 191Reduction of benefits where annual allowance charge paid by scheme manager
  245. Chapter 4: General
  246. 192Calculation of periods of membership and service
  247. 193Annual benefit information statements
  248. 194Evidence of entitlement
  249. 195Information to be provided to a member before reserve forces service leave
  250. 196Transitional provisions
  251. 197Duty to have regard to guidance
  252. Signature
  253. Schedule 1: Payments for added pension
  254. Part 1: Interpretation
  255. 1Interpretation
  256. 2Meaning of “overall limit of extra pension”
  257. 3Limit on elections
  258. 4Amount of accrued added pension may not exceed overall limit of extra pension
  259. Part 2
  260. Chapter 1: Exercising the added pension election
  261. 5Added pension election exercisable by member
  262. Chapter 2: Periodical payments for added pension
  263. 6Application of Chapter
  264. 7Member’s election to make periodical payments for added pension
  265. 8Periodical payments
  266. 9Discontinuance of periodical payments
  267. 10Periodical payments during periods of assumed pensionable pay
  268. 11Amount of added pension for a scheme year
  269. Chapter 3: Lump sum payments for added pension
  270. 12Application of Chapter
  271. 13Member’s election to make a lump sum payment for added pension
  272. 14Amount of added pension to be credited to added pension account
  273. Schedule 2: Transitional provisions
  274. Part 1: General
  275. 1Interpretation
  276. 2Meaning of “continuity of service”
  277. 3Meaning of “tapered protection closing date”
  278. 4Meaning of “eligible to be an active member” of the NFPS
  279. 5Meaning of “active member of the 1992 Scheme or the NFPS”
  280. 6Meaning of “active member of an existing scheme”
  281. 7Meaning of “active member of an existing public body pension scheme”
  282. 8Commencement of active membership of this scheme
  283. Part 2: Full protection members of the 1992 Scheme or the NFPS
  284. 9Full protection members of the 1992 Scheme or the NFPS
  285. 10Exception for full protection member during protection period
  286. 11Full protection member not eligible to join this scheme
  287. 12Full protection: members of the 1992 Scheme or the NFPS on scheme closing date
  288. 13Full protection: members of an existing scheme
  289. 14Full protection: members of an existing public body pension scheme
  290. Part 3: Exceptions to section 18(1) of the 2013 Act: tapered protection members of the 1992 Scheme or the NFPS
  291. 15Tapered protection members of the 1992 Scheme or the NFPS
  292. 16Exception for tapered protection members during protection period
  293. 17Tapered protection member not eligible to join this scheme
  294. 18Tapered protection: members of the 1992 Scheme or the NFPS on scheme closing date
  295. 19Tapered protection: members of an existing scheme
  296. 20Tapered protection: members of an existing public body pension scheme
  297. 21Tapered protection members of an existing scheme or an existing public body pension scheme
  298. Part 3A: Payment of ill-health benefits to transition members
  299. 22Transition member who has not reached normal pension age under the NFPS
  300. 23Transition member who reaches normal pension age under the NFPS
  301. 24Transition member who has not reached normal pension age under the 1992 Scheme
  302. 25Transition member who reaches normal pension age under the 1992 Scheme
  303. Part 3B: Payment of death benefits in respect of transition members
  304. 26Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the 1992 Scheme
  305. 27Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS
  306. 28Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
  307. 29Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS
  308. 30Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
  309. Part 3C: Transitional provisions relating to the NFPS and the 1992 Scheme
  310. 31Pensionable service under the NFPS
  311. 32Final salary of certain transition members for any purposes of the NFPS
  312. 33Final salary of certain transition members for any purposes of the 1992 Scheme
  313. 34Continuous pensionable service under the 1992 Scheme
  314. 35Deferred member of the 1992 Scheme
  315. 36Deferred member of the NFPS
  316. 37Authority determines the entitlement of a member of the NFPS to an ill-health award Repealed
  317. 38Authority determines the entitlement of a member of the 1992 Scheme to an ill-health award Repealed
  318. 39Repayment of contributions under the NFPS
  319. 40Qualifying for retirement benefits under the NFPS
  320. 41Qualifying for retirement benefits under the 1992 Scheme
  321. 42Final salary link not to apply again to a pension in payment under the NFPS
  322. 43Final salary link not to apply again to a pension in payment under the 1992 Scheme
  323. Part 3D: Transfer of final salary benefits
  324. 44Meaning of “final salary benefit”
  325. 45Acceptance of club transfer value payments
  326. 46Member of this scheme or the NFPS
  327. 41992 Scheme
  328. Explanatory note