The Firefighters’ Pensions (Remediable Service) Regulations 2023

Interpretation E+W

2.—(1) In these Regulations—

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“the 1992 Order” means the Firemen’s Pension Scheme Order 1992(1), and “the 1992 scheme” means the scheme established by that Order;

“the 2006 Order” means the Firefighters’ Pension Scheme (England) Order 2006(2), and “the 2006 scheme” means the scheme established by that Order;

“the 2014 Regulations” means the Firefighters’ Pension Scheme (England) Regulations 2014(3);

“the PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022(4);

“deferred choice decision” has the meaning given in regulation 12(1);

“deferred choice decision-maker” means the person who may make a deferred choice decision under regulation 12(2);

“deferred choice member” means a member with remediable service as a firefighter who, immediately before 1st October 2023, was—

(a)

an active or deferred member(5) in relation to that service, and

(b)

is not a pensioner member(6) in relation to that service;

“eligible child”, in relation to—

(a)

the 1992 scheme, means a person entitled to an award under Part D of Schedule 2 to the 1992 Order;

(b)

the 2006 scheme, has the meaning given in rule 6 of Part 4 of Schedule 1 to the 2006 Order;

(c)

the [F1 reformed scheme], has the meaning given in regulation 85 of the 2014 Regulations;

“end of the section 10 election period”, in relation to a deferred choice member, means the time determined in accordance with—

(a)

where the member is the deferred choice decision-maker, regulation 13(3)(b);

(b)

where a person other than the member is the deferred choice decision-maker, regulation 14(2)(b);

a “firefighters’ pension scheme” means the 1992 scheme, the 2006 scheme or the reformed scheme;

“immediate choice decision” has the meaning given in regulation 8(1);

“immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2);

“immediate choice member” means a member with remediable service as a firefighter who, immediately before 1st October 2023, was—

(a)

a pensioner member in relation to that service, or

(b)

a deceased member;

the “legacy scheme”, in relation to a member, means whichever of the 1992 scheme or the 2006 scheme is the relevant Chapter 1 legacy scheme(7) for the member, and “legacy scheme benefits” means benefits calculated in accordance with that scheme;

“member” means an active, deferred, deceased or pensioner, but not a pension credit, member of a firefighters’ pension scheme;

“opted-out service election” has the meaning given in regulation 6(1);

the “reformed scheme” means the pension scheme established by the 2014 Regulations, and “reformed scheme benefits” means new scheme benefits(8) under the reformed scheme;

“remediable service as a firefighter” means, in relation to a member, the member’s remediable service(9) in an employment or office that is pensionable service(10) under a firefighters’ pension scheme;

“remedy member” means a deferred choice member or an immediate choice member;

“section 6 election” has the meaning given in regulation 8(1)(a);

“section 10 election” has the meaning given in regulation 12(1)(a).

(2) For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of a firefighters’ pension scheme.

(3) A term used in these Regulations which—

(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and

(b) is not defined differently in these Regulations,

has the meaning given in, or for the purposes of, that provision.

(4) A term used in these Regulations which—

(a) is defined in the 1992 Order, the 2006 Order or the 2014 Regulations (“the relevant Regulations”), and

(b) is not defined differently—

(i) in these Regulations, or

(ii) in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,

has, in relation to the scheme established by the relevant Regulations, the meaning given in those Regulations.

(5) In these Regulations, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) substituted (9.2.2024) by The Police and Firefighters’ Pensions (Remediable Service) (Amendment) Regulations 2024 (S.I. 2024/59), regs. 1(2), 3(2)

Commencement Information

I1 Reg. 2 in force at 1.10.2023, see reg. 1(b)

(1)

S.I. 1992/129.

(2)

S.I. 2006/3432.

(3)

S.I. 2014/2848.

(4)

Published on 15 December 2022 and accessible online at https://www.gov.uk/government/publications/public-service-pe nsions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London, SW1A 2HQ.

(5)

See section 109(2) and (4) of PSPJOA 2022 for the meanings of “active member” and “deferred member”.

(6)

See section 109(3) of the PSPJOA 2022 for the meaning of “pensioner member”.

(7)

See section 4 of PSPJOA 2022 for the meaning of “the relevant Chapter 1 legacy scheme”.

(8)

See section 34 of PSPJOA 2022 for the meaning of “new scheme benefits”.

(9)

See section 1 of PSPJOA 2022 for the meaning of “remediable service”.

(10)

See section 110(1) of PSPJOA 2022 for the meaning of “pensionable service”.