Consultation outcome

The Firefighters鈥� Pension Scheme (England) (Amendment) Regulations 2022 (accessible version)

Updated 21 June 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

STATUTORY INSTRUMENTS

2022 No.

Public Service Pensions, England

The Firefighters鈥� Pension Scheme (England) (Amendment) Regulations 2022

Made聽聽聽聽聽聽聽 -聽聽聽聽聽聽 -聽聽聽聽聽 -聽聽聽聽聽聽 -聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽 ***

Laid before Parliament聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽聽 ***

Coming into force聽聽 -聽聽聽聽聽聽 -聽聽聽聽聽聽 1st April 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1 and 3 of, and Schedule 3 to, the Public Service Pensions Act 2013 (a).

In accordance with section 21 of that Act (b), the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

Citation, commencement and extent

1. 鈥斅燭hese Regulations may be cited as the Firefighters鈥� Pension Scheme (England) (Amendment) Regulations 2022.

(1) These Regulations come into force on 1st April 2022.

(2) These Regulations extend to England.

Amendment of the Firefighters鈥� Pension Scheme (England) Regulations 2014

2. 鈥斅燬chedule 2 (transitional provisions) to the Firefighters鈥� Pension Scheme (England) Regulations 2014 (c) is amended as follows.

(1) In paragraph 1 (interpretation)鈥�

  • (a) in the definition of 鈥渃losing date鈥�, in paragraph (c), for 鈥渕ember, or鈥� to the end substitute鈥� member,
    • (ii)聽 if the member is a full protection member of the 1992 Scheme or the NFPS, 31st March 2022, or
    • (iii)聽 if the member is not a protected member of one of those schemes, the scheme closing date;
  • (b) in the definition of 鈥渢ransition date鈥�, for 鈥渕ember, and鈥� to the end substitute鈥� member,
  • (b) if the member is a full protection member of the 1992 Scheme or the NFPS, 1st April 2022, and
  • (c)聽聽 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.

(2) In paragraph 3(3) (meaning of 鈥渢apered protection closing date鈥�), at the end insert 鈥渨hich must be before 1st April 2022鈥�.

(3) In paragraph 9(2) (full protection members of the 1992 Scheme or the NFPS), for the words 鈥渁s the case may be,鈥� to the end substitute鈥�

as the case may be鈥�

  • (a) on 31st 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..

Minister of State

Home Office

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Firefighters鈥� Pension Scheme (England) Regulations 2014 (No. 2848) (鈥渢he 2014 Regulations鈥�) in consequence of provision made by the Public Service Pensions and Judicial Offices Act 2022 (c. [x]). The amendments ensure that the existing pension schemes established by the Firefighters鈥� Pension Scheme (England) Order 2006 (No. 3432) and the Firemen鈥檚 Pension Scheme Order 1992 (No. 129) will, except for limited purposes, be closed to the accrual of pension benefits on and after 1st April 2022, and that any members currently treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the scheme established by the 2014 Regulations.

Regulation 2 amends Schedule 2 to the 2014 Regulations as follows鈥�

鈥� the definitions of 鈥渃losing date鈥� and 鈥渢ransition date鈥� in paragraph 1 are amended to insert dates in respect of those terms that apply to full protection members so that provisions which refer to those terms operate as intended in respect of such members;

鈥� paragraph 3(3) is amended so that a scheme manager may only set a tapered protection closing date under that paragraph if such date is before 1st April 2022;

鈥� paragraph 9(2) is amended so that protection ceases for a full protection member on the earlier of the day on which they leave pensionable service under the existing scheme, or 31st March 2022.

Footnotes

(a) 2013 c. 25. Section 3 was amended by section [79(2) to (6)] of the Public Service Pensions and Judicial Offices Act 2022 [(c. xxx)].

(b) Section 21 was amended by section [79(7)] of the Public Service Pensions and Judicial Offices Act 2022.

(c) S.I. 2014/2848. Schedule 2 has been amended but none of the amendments are relevant to this instrument.