- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Firefighters’ Pensions (Remediable Service) Regulations 2023, Section 52.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
52.—(1) This regulation applies where—
(a)a remedy member (“M”) was, immediately before 1st April 2022, not a full protection member of the 1992 scheme or a full protection member of the 2006 scheme,
(b)an assessment (“the transitional assessment”) of M’s entitlement to an ill-health award under the reformed scheme began before 1st April 2022, and
(c)a determination had not been made by the scheme manager in relation to the transitional assessment by the end of 31st March 2022.
(2) Where the transitional assessment has not been determined before 1st October 2023, the scheme manager must secure that—
(a)the transitional assessment is undertaken on the basis that M’s normal pension age is 55, and
(b)any steps in relation to the transitional assessment the outcome of which might have been different had they been taken on the basis that M’s normal pension age is 55 are retaken.
(3) Paragraph (4) applies where—
(a)the transitional assessment has been determined before 1st October 2023, and
(b)it was determined that—
(i)M was not entitled to a lower tier award in the reformed scheme, or
(ii)M was entitled to a lower tier award in the reformed scheme, but not a higher tier award in that scheme.
(4) Where this paragraph applies, the scheme manager must secure that—
(a)M is assessed for entitlement to a relevant award under the reformed scheme on the basis that M’s normal pension age is 55, and
(b)M is treated as if the transitional assessment had not been undertaken so far as it relates to the relevant award.
(5) In this regulation—
“full protection member of the 1992 scheme” means a full protection member of the 1992 Scheme within the meaning of paragraph 9 of Schedule 2 to the 2014 Regulations;
“full protection member of the NFPS” means a full protection member of the NFPS within the meaning of paragraph 9 of Schedule 2 to the 2014 Regulations;
“relevant award” means—
where paragraph (3)(b)(i) applies, a lower tier award and a higher tier award;
where paragraph (3)(b)(ii) applies, a higher tier award.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: