The Firefighters' Pension Scheme (Wales) Order 2007

W.S.I. 2007/1072 · Made 28 March 2007

Contents

1. 1Title, commencement and application
2. 2New pension scheme for firefighters in Wales
3. 31992 scheme ceasing to have effect in Wales, with savings
4. 4Continuation of schemes for retained firefighters
5. Signature
6. Schedule 1: THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)
7. Part 1: TITLE AND INTERPRETATION
8. 1Title
9. 2Interpretation
10. 3Disablement
11. Part 2: SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
12. 1Scheme membership
13. 2Eligibility conditions
14. 3Normal retirement age and normal benefit age
15. 4Last day of membership
16. 5Election not to make pension contributions
17. 6Rejoining the Scheme
18. Part 3: PERSONAL AWARDS
19. 1Ordinary pension
20. 2Award on ill-health retirement
21. 3Deferred pension
22. 4Cancellation of deferred pension
23. 5Pension on member-initiated early retirement
24. 6Pension on authority-initiated early retirement
25. 7Entitlement to two pensions
26. 8Refund of aggregate pension contributions
27. 9Commutation: general
28. 10Commutation: small pensions
29. 11Allocation of pension
30. 12Pension debit members
31. Part 4: SURVIVORS' PENSIONS
32. Chapter 1: SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
33. 1Pensions for surviving spouses, civil partners and nominated partners
34. 2Amount of survivor’s pension: general
35. 3Amount of survivor’s pension: special cases
36. 4Bereavement pension: survivors
37. 5Commutation of pensions for surviving spouses, civil partners and nominated partner
38. Chapter 2: CHILDREN'S PENSIONS
39. 6Child pension
40. 7Child pension: limitations and duration
41. 8Amount of child pension
42. 9Bereavement pension: children
43. 10Pension for child where no survivor’s pension paid
44. 11Child pension in respect of pension debit member
45. 12Commutation of child pension
46. Part 5: AWARDS ON DEATH
47. 1Death grant
48. 2Post-retirement death grant
49. Part 6: PENSION SHARING ON DIVORCE
50. 1Pension credit member’s entitlement to pension
51. 2Commutation of whole of pension credit benefits
52. 3Commutation of part of pension credit benefits
53. 4Application of general rules
54. 5Post-retirement death grant: pension credit members
55. Part 7: RESERVISTS
56. 1Interpretation of Part 7
57. 2Continuity of employment
58. 3Awards on death or permanent disablement
59. 4Reservists who do not resume employment with their former authority
60. Part 8: DETERMINATION OF QUESTIONS AND APPEALS
61. 1Interpretation of Part 8
62. 2Determinations and decisions by fire and rescue authority
63. 3Review of medical opinion
64. 4Appeals against decisions based on medical advice
65. 5Appeals on other issues
66. Part 9: REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
67. 1Review of ill-health pension
68. 2Consequences of review
69. 3Withdrawal of pension during service as firefighter
70. 4Withdrawal of early payment of deferred pension
71. 5Withdrawal of pension on conviction of certain offences
72. 6Forfeiture of award
73. Part 10: QUALIFYING SERVICE AND PENSIONABLE SERVICE
74. 1Qualifying service
75. 2Reckoning of pensionable service
76. 3Non-reckonable service
77. 4Reckoning of unpaid period of absence
78. 5Reckoning of maternity, paternity and adoption leave, etc
79. 6Calculation of pensionable service
80. Part 11: PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
81. Chapter 1: PENSIONABLE PAY AND PENSION CONTRIBUTIONS
82. 1Pensionable pay
83. 2Final pensionable pay
84. 3Pension contributions
85. 4Optional pension contributions during maternity and adoption leave
86. Chapter 2: PURCHASE OF ADDITIONAL SERVICE
87. 5Purchase of additional service
88. 6Election to purchase additional service
89. 7Duration of periodical contributions and premature cessation
90. 8Discontinuance and resumption of periodical contributions
91. 9Periodical contributions in respect of periods of unpaid service or unpaid absence
92. 10Effect of purchasing additional service by lump sum payment
93. Part 12: TRANSFERS INTO AND OUT OF THE SCHEME
94. Chapter 1: INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
95. 1Interpretation of Part 12
96. 2Entitlement to transfer value payment
97. Chapter 2: TRANSFERS OUT OF THE SCHEME
98. 3Applications for statements of entitlement
99. 4Applications for transfer value payments
100. 5Ways in which transfer value payments may be applied
101. 6Calculating amounts of transfer value payments
102. 7Effect of transfers-out
103. Chapter 3: TRANSFERS INTO THE SCHEME
104. 8Applications for acceptance of transfer value payment from another scheme
105. 9Procedure for applications under rule 8
106. 10Acceptance of transfer value payments
107. 11Calculation of transferred-in pensionable service
108. Chapter 4: TRANSFERS BETWEEN WELSH AUTHORITIES
109. 12Transfer of pension history between Welsh authorities
110. Chapter 5: MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
111. 13Interpretation of Chapter 5
112. 14Mis-sold pensions
113. 15Calculation of amount of restitution payment
114. Part 13: FIREFIGHTERS' PENSION FUND
115. 1Firefighters' Pension Fund: payments, receipts and transfers
116. 2Payments and transfers into Firefighters' Pension Fund
117. 3Transfers from Firefighters' Pension Fund
118. 4Excess amounts: information
119. 5Excess amounts: estimated deficits
120. 6Excess amounts — estimated surpluses
121. 7Excess amounts — actual deficits
122. 8Excess amounts — actual surpluses
123. 9Duty to provide information
124. 10Duty to have regard to guidance
125. Part 14: PAYMENT OF AWARDS
126. 1Authorities responsible for payment of awards
127. 2Deduction of tax and lifetime allowance charges
128. 3Payment of awards
129. 4Pensions under more than one contract of employment
130. 5Payments for minors and persons incapable of managing their affairs
131. 6Payment of awards; further supplementary provision
132. Part 15: MISCELLANEOUS PROVISIONS
133. 1Guaranteed minimum pensions, etc.
134. 2Survivors' guaranteed minimum pensions
135. 3Information for authorities
136. 4Annual benefit statements
137. 5Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Wales) Order 2007 in force
138. 6Death on or before 31 March 2007 of retained or volunteer firefighters employed before 6 April 2006
139. ANNEX 1ILL-HEALTH PENSIONS
140. ANNEX 2APPEALS TO BOARD OF MEDICAL REFEREES
141. Schedule 2: TRANSITIONAL ARRANGEMENTS
142. 1Regular firefighters who became members of the 1992 scheme on or after 6 April 2006
143. 2Options for active members of the 1992 Scheme
144. 3Calculation of transferred-in pensionable service
145. Explanatory note