The Firefighters’ Pensions (Remediable Service) (Wales) Regulations 2023

Treatment of immediate detriment cases

57.—(1) This regulation applies in relation to a person’s (“A’s”) remediable service where an immediate detriment remedy has been obtained in relation to that service by virtue of either of the conditions in section 32(2) and (3) (the “immediate detriment remedy condition”) of the PSPJOA 2022 having been met.

(2) These Regulations and sections 2 to 30 of the PSPJOA 2022 apply in relation to A’s remediable service as they apply in relation to an immediate choice member in respect of whose remediable service an immediate choice decision has been made that no section 6 election is to be made.

(3) Any amount paid by way of benefits or compensation pursuant to the agreement or (as the case may be) determination by virtue of which the relevant condition has been met is to be treated for the purposes of section 14 of the PSPJOA 2022 as—

(a) a lump sum benefit, if the amount was paid by way of a lump sum;

(b) a pension benefit, if the amount was paid otherwise than by way of a lump sum.