# The Firefighters’ Pension Scheme (Wales) Regulations 2015, Paragraph 9: Full protection members of the 1992 Scheme or the NFPS

Extent: E+W

(1) A person (P) to whom any of paragraphs 12 to 14 applies is a full protection member of the 1992 Scheme or the NFPS, as the case may be.
(2) P ceases to be a full protection member of the 1992 Scheme or the NFPS, as the case may be—
(a) on 31 March 2022; or
(b) if earlier, when P ceases to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS, unless sub-paragraph (3) or (4) applies.
(2A) Where P was a full protection member of the 1992 Scheme and, after retiring from pensionable service in this scheme, became entitled to a continuous service pension under rule B1A, to an ordinary pension under rule B1, to a short service award under rule B2 or to a continued pension under rule B2A of that scheme, P ceases to be eligible to be a full protection member of the NFPS.
(3) This sub-paragraph applies if P—
(a) returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme (other than the 1992 Scheme) or an existing public body pension scheme; and
(b) would have been a fully protected member of that existing scheme or existing public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(4) This sub-paragraph applies if P returns to service which is pensionable under the NFPS—
(a) otherwise than from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) after a gap in service not exceeding five years.
(5) If P returns to service which is pensionable under the NFPS in circumstances where sub-paragraph (6) applies, P is a tapered protection member of the NFPS when P returns to that service.
(6) This sub-paragraph applies if P—
(a) returns to service which is pensionable under the NFPS from service which is pensionable under an existing scheme or an existing public body pension scheme; and
(b) would have been a protected member of the existing scheme or existing public body pension scheme by virtue of an exception to which section 18(7)(a) and (b) of the 2013 Act (or that section as applied by section 31(4) of that Act) applies had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the NFPS.
(7) For the purpose of sub-paragraph (4)(b), after the scheme closing date P is not on a gap in service while P is in pensionable public service.

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Source: https://www.legislation.gov.uk/wsi/2015/622/schedule/2/paragraph/9 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-wales-regulations-2015/schedule-2/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

