
1 

(1) The title of these Regulations is the Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2022.
(2) These Regulations come into force on 30 March 2022.
(3) In these Regulations, “the 2015 Regulations” means the Firefighters’ Pension Scheme (Wales) Regulations 2015.
2 

(1) Regulation 74 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations is amended as follows.
(2) After paragraph (1) insert—“
(1A) Paragraph (1) is met, and an active member is entitled to immediate payment of a lower tier ill-health pension under paragraph (1), where paragraph (2B) applies and a determination under paragraph (2C) is subsequently made that the member would have been entitled to a lower tier ill-health pension under the 1992 Scheme but for being transferred to this scheme.”
(3) After paragraph (2) insert—“
(2A) Paragraph (2) is met, and an active member is entitled to immediate payment of a higher tier ill-health pension under paragraph (2), where paragraph (2B) applies and a determination under paragraph (2C) is subsequently made that the member would have been entitled to a higher tier ill-health pension under the 1992 Scheme but for being transferred to this scheme.
(2B) This paragraph applies where—
(a) prior to 1 April 2022 the authority has decided to obtain the written opinion of an independent qualified medical practitioner under rule H1 (determination by fire authority) of the 1992 Scheme concerning whether a member of that scheme is permanently disabled or able to undertake regular employment before making a determination as to whether the member is entitled to an ill-health award under rule B3 (ill-health awards) of the 1992 Scheme, and
(b) the authority’s determination has not been made prior to 1 April 2022
(2C) Where paragraph (2B) applies the scheme manager must determine whether a lower tier ill-health pension or a higher tier ill-health pension, or both, would have been payable under rule B3 (ill-health awards) of the 1992 Scheme on 31 March 2022 had the determination referred to in paragraph (2B)(b) been made on 31 March 2022. Part 12 (determinations and appeals) of this scheme applies to the determination of the scheme manager made under this paragraph.”
3 

(1) Regulation 75 (annual rate of ill-health awards) of the 2015 Regulations is amended as follows.
(2) After paragraph (3A) insert—“
(3B) Where regulation 74(2B) applies and the determination in regulation 74(2C) is that a lower tier ill-health pension or a higher tier ill-health pension would have been payable on 31 March 2022, the scheme manager must—
(a) calculate the annual rate of lower tier ill-health pension and (if applicable) higher tier ill-health pension that would be payable under paragraphs (2) and (3) as if regulation 74(2B) did not apply;
(b) calculate the annual rate of lower tier ill-health pension and (if applicable) higher tier ill-health pension that would have been payable to the member as at 31 March 2022 under rule B3 (ill-health awards) of the 1992 Scheme; and
(c) where the combined amount calculated under sub-paragraph (b) exceeds the combined amount calculated under sub-paragraph (a) adjust the annual rates payable under paragraph (2) and (3) to those calculated under sub-paragraph (b).
(3C) Regulations 77 (review of ill-health award or early payment of retirement pension) and 78 (consequences of review) apply to any amounts payable as a result of regulation 75(3B)(c).
(3D) Where regulation 74(2B) applies if, after an ill-health award becomes payable under this scheme, a transfer value payment is made under rule F9 (payment of transfer values) of the 1992 Scheme in respect of the member’s rights under that scheme and the transfer relates to a period of service included as qualifying service in relation to that member’s retirement account, the scheme manager must deduct from the amount of ill-health award an amount in respect of service in the 1992 Scheme which is equal to the value represented by that transfer value payment.”
4 

(1) Regulation 80 (option to commute part of pension) of the 2015 Regulations is amended as follows.
(2) After paragraph (5) insert—“
(5A) This regulation applies to a member who receives an increase in ill-health award as a result of regulation 75(3B)(c) save that paragraphs (3) and (4) do not apply and the lump sum payable is that calculated in accordance with rule B7 (commutation - general provision) of the 1992 Scheme.”
5 

(1) Regulation 162 (role of IQMP in determinations by the scheme manager) of the 2015 Regulations is amended as follows.
(2) In paragraph 2(b) for “or deferred pension age,” substitute “, deferred pension age or where regulation 74(2B) (entitlement to lower tier ill-health pension and higher tier ill-health pension) applies such other age as specified by the scheme manager,”
6 

(1) Schedule 2 (transitional provisions) to the 2015 Regulations is amended as follows.
(2) In paragraph 1 (interpretation)—
(a) in the definition of “closing date”, in paragraph (c), for “member, or” to the end substitute—“member,
(ii) if the member is a full protection member of the 1992 Scheme or the NFPS, 31 March 2022, or
(iii) if the member is not a protected member of one of those schemes, the scheme closing date;”;
(b) in the definition of “transition date”, for “member, and” to the end substitute—“member,
(b) if the member is a full protection member of the 1992 Scheme or the NFPS, 1 April 2022, and
(c) if the member is not a protected member of the 1992 Scheme or the NFPS, the day after the scheme closing date, or, if later, the day the person ceased to be a protected member of that scheme.”
(3) For sub-paragraph (3) of paragraph 3 (meaning of “tapered protection closing date”) substitute—“
(3) The tapered protection closing date for a tapered protection member of the NFPS to whom paragraph 9(5) or 21 applies is—
(a) 31 March 2022; or
(b) an earlier date determined by the scheme manager.”
(4) For sub-paragraph (2) of paragraph 9 (full protection members of the 1992 Scheme or the NFPS) substitute—“
(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.”
(5) In paragraph 31(2)(a) (pensionable service under the NFPS), omit the words from “or if T returns to pensionable service” to the end.
(6) Omit paragraphs 37 (authority determines the entitlement of a member of the NFPS to an ill-health award) and 38 (authority determines the entitlement of a member of the 1992 Scheme to an ill-health award).
Hannah Blythyn
Deputy Minister for Social Partnership, under the authority of the Minister for Social Justice, one of the Welsh Ministers
21 March 2022We consent
Michael Tomlinson
Alan Mak
Two of the Lords Commissioners of Her Majesty’s Treasury
16 March 2022