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(1) This Order may be cited as the Firefighters’ Pension Scheme (Amendment and Transitional Provisions) (England) Order 2016.
(2) This Order applies in relation to England only.
(3) This Order comes into force on 30th September 2016 but article 2(2) has effect from 1st December 2006.
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(1) Schedule 2 to the Firemen’s Pension Scheme Order 1992 is amended as follows.
(2) In rule G2 (pension contributions)—
(a) in paragraph (1) for “A regular firefighter shall” substitute “Subject to paragraph (1B), a regular firefighter shall”; and
(b) before paragraph (2) insert—“
(1B) Paragraph (1) does not apply to a firefighter below the age of 50 who has reckoned 30 years or more pensionable service.”.
(3) In paragraph (3) of rule LA1 (establishment, maintenance and operation of firefighters’ pension fund etc) after sub-paragraph (e) insert—“; and
(f) sums payable under article 3 of the Firefighters’ Pension Scheme (Amendment and Transitional Provisions) (England) Order 2016.”.
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(1) A fire and rescue authority must pay the required amount as described in paragraph (3) to a firefighter who falls within paragraph (2).
(2) A firefighter falls within this paragraph if in the period beginning with 1st December 2006 and ending with 30th September 2016, the firefighter paid pensions contributions pursuant to rule G2(1) of the Firefighters’ Pension Scheme which as a consequence of article 2(2) of this Order did not fall to be payable.
(3) The required amount is a lump sum equal to(A+B)xCWhere—
 A is the total value of each contribution  (not including any contribution in relation to an additional pension benefit), paid net of any tax that would have been payable by the firefighter had the contribution not been paid;
 B is the interest calculated on A in accordance with paragraph (4); and
 C is 100/60.
(4) Interest must be—
(a) calculated separately in relation to each contribution paid; and
(b) applied on a compound basis at the past interest rate on a day to day basis for the period specified in paragraph (5).
(5) The period specified for the purposes of paragraph (4)(b) begins with the first day of the month in which each contribution was paid and ends with the last day of the month before the month in which the payment of the required amount is made.
(6) Where a payment is required to be made under paragraph (1) in respect of a person who died before 30th September 2016 or who dies on or after that date but before the payment is made, the fire and rescue authority must pay the sum due to the person’s personal representatives.
(7) For the purposes of this article—
 “Bank of England base rate” means—
(a) the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets; or
(b) where an order under section 19 of the Bank of England Act 1998 (reserve powers) is in force, any equivalent rate determined by the Treasury under that section;
 “fire and rescue authority” has the same meaning as in the Fire and Rescue Services Act 2004; and
 “past interest rate” is a rate equivalent to the Bank of England base rate applicable on each day of the period specified in paragraph (5).
Brandon Lewis
Minister of State
Home Office
6th September 2016