Paragraph 106 Retained firefighter opt-out memberF1
This article applies to a person (“P”) who—
is a retained firefighter opt-out member, or
the spouse, civil partner or child of a retained firefighter opt-out member who is deceased.
Subject to paragraph (5), P may elect to pay pension contributions in respect of the retained firefighter opt-out member’s service during the part of the extended limited period during which the retained firefighter op-out member or deceased firefighter opt-out member elected not to make pension contributions under article 8(1) (election not to make pension contributions) of Part 2 or ceased to make periodic contributions such that article 66B(5)(c) (election to purchase service during the limited period or the extended limited period) of Part 11 applied (the “opt-out period”).
P may elect to purchase pensionable service in respect of the opt-out period, provided that—
the election is made not later than the date falling 12 months after the notification under paragraph (4), and
P pays the mandatory special period pension contributions that the retained firefighter opt-out member would have been required to pay in respect of the opt-out period, had he not elected not to make pension contributions under article 8(1) (election not to make pension contributions) or ceased to make periodic contributions such that article 66B(5)(c) (election to purchase service during the limited period or the extended limited period) of Part 11 applied.
The Board must use reasonable endeavours to notify P of his eligibility to purchase service during the opt-out period before 1st November 2026.
P may apply to the Board for a statement of—
the service in respect of which he may become entitled to pay contributions under this article, and
the mandatory special period pension contributions and any additional contributions required under paragraph (3)(b), which P would be required to pay in respect of that service.
An application under paragraph (5) must be made in writing and must state—
the date on which the retained firefighter opt-out member took up employment as a retained firefighter;
if the retained firefighter opt-out member has left employment, the date on which he left;
the date on which the retained firefighter opt-out member joined this Scheme, and if he had already joined this Scheme as a special member, the period of service the retained firefighter opt-out member has already elected to purchase under article 66A (election to purchase service during the limited period or the extended limited period) of Part 11; and
the date on which the retained firefighter opt-out member opted-out of this Scheme.
An application under paragraph (5) must be made within six months of the receipt of the notification under paragraph (4).
Where P did not receive a notification from the Board under paragraph (4), despite the Board using reasonable endeavours to notify him as required by that paragraph, an application under paragraph (5) may be made after the date in paragraph (7).
The Board must determine the retained firefighter opt-out member’s service and pensionable pay during the opt-out period in accordance with article 65C (purchase of service during the extended limited period – supplemental provision) of Part 11.
If an application is made under paragraph (5), mandatory special period pension contributions must be paid in respect of the retained firefighter opt-out member’s service during the mandatory special period.
Within three months of receiving an application under paragraph (5), the Board must give P a notice setting out—
the period of service during the opt-out period which P may purchase;
the amount of pension contributions payable in respect of the opt-out period under paragraph (3);
the pensionable pay and in appropriate cases the final pensionable pay which the Board has determined was paid during the period to which the entitlement relates.
The period of service referred to in paragraph (2) does not include any period of service in respect of which the person paid—
pension contributions under this Scheme as a standard member, or
special pension contributions under this Scheme as a special member in relation to service during the limited period which the person elected to purchase following an application under article 65A (purchase of service during the limited period) or article 66A (election to purchase service during the limited period or the extended limited period) of Part 11.