The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (Wales) Order 2024

Amendments to Part 12 (transfers into and out of the Scheme)

7.—(1) Part 12 is amended as follows.

(2) In rule 11A (transfer of accrued rights under the 1992 Scheme to special membership of this Scheme)—

(a) in paragraph (1)—

(i) after “and who is” insert “a connected special member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (2)—

(i) after “rule 5A(5) (purchase of service during the limited period)”, insert “or rule 5B(11) (purchase of service during the extended limited period)”;

(ii) after “under rule 5A(13)” insert “or rule 5B(15)”;

(iii) at the end, insert “, as the case may be”;

(c) in paragraph (3) for “rule 5(13)”, substitute “rule 5A(13) or rule 5B(15) of Part 11, as the case may be”.

(3) In rule 16 (converting membership from special membership to standard membership)—

(a) in paragraph (1)—

(i) after “person who is” insert “a connected special member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (2)—

(i) after “rule 5A(5) (purchase of service during the limited period)”, insert “or rule 5B(11) (purchase of service during the extended limited period)”;

(ii) after “of Part 11”, insert “, as the case may be”;

(c) in paragraph (3)—

(i) after “rule 5A(13)”, insert “or rule 5B(15)”;

(ii) after “of Part 11”, insert “as the case may be”.

(4) In paragraph (5), after “the limited period”, insert “or the extended limited period”.

(5) In rule 17 (converting membership from standard membership to special membership)—

(a) in paragraph (1)(a)—

(i) after “person who is” insert “a special firefighter member, or is”;

(ii) after “special firefighter member” insert “or a connected special member”;

(b) in paragraph (3)—

(i) after “rule 5A(5) (purchase of service during the limited period)”, insert “or rule 5B(11) (purchase of service during the extended limited period)”;

(ii) after “of Part 11”, insert “as the case may be”;

(c) in paragraph (4)—

(i) after “rule 5A(13)”, insert “or rule 5B(15)”;

(ii) after “of Part 11”, insert “as the case may be”;

(d) in paragraph (8), after “the limited period”, insert “or the extended limited period”.

(6) In rule 18 (converting membership from standard membership to special membership - special pensioner members)—

(a) in paragraph (1)(a), after “person who is” insert “a special pensioner member, or is”;

(b) in paragraph (3)—

(i) after “rule 5A(5) (purchase of service during the limited period)”, insert “or rule 5B(11) (purchase of service during the extended limited period)”;

(ii) at the end, insert “as the case may be”;

(c) in paragraph (4)—

(i) after “rule 5A(13)”, insert “or rule 5B(15)”;

(ii) after “of Part 11”, insert “as the case may be”.

(7) In paragraph (8), after “the limited period”, insert “or the extended limited period”.

(8) After rule 18, insert—

“Converting membership – election made during the limited period

19.— (1) This rule applies where a member has made, at the same time as an election under rule 5A of Part 11 to purchase service during the limited period—

(a) an election under rule 16(5) of this Part to convert special membership to standard membership;

(b) an election under rule 17(5) of this Part to convert standard membership to special membership;

(c) an election under rule 18(5) of this Part to have pensionable service treated as special pensionable service.

(2) Where that member makes an election under rule 5B of Part 11 to purchase service during the extended limited period—

(a) any service purchased is to be converted to service as a special member or as a standard member, in accordance with the election referred to in paragraph (1)(a), (b) or (c),

(b) the member may decide to revoke the election referred to in paragraph (1)(a), (b) or (c) and to make no new election under rule 16, 17 or 18 of this Part in respect of the service purchased during the limited period in accordance with rule 5A of Part 11 or the service purchased during the extended limited period in accordance with rule 5B of Part 11, or

(c) the member may make a new election under rule 16, 17 or 18 of this Part in respect of both the service purchased during the limited period in accordance with rule 5A of Part 11 and the service purchased during the extended limited period in accordance with rule 5B of Part 11.

(3) Rule 20 of this Part (revocation of conversion election made during limited period) applies in respect of a decision to revoke under paragraph (2)(b).

(4) Any new election made under paragraph (2)(c)—

(a) is to be made in accordance with rule 16, 17 or 18,

(b) must be made at the same time as the election to purchase service during the extended limited period, and

(c) must be made in respect of both the service purchased during the limited period and the service purchased during the extended limited period, so that all of the service is converted to service as a special member or as a standard member, or treated as special pensionable service.

(5) Where a new election is made under paragraph (2)(c), the election made under rule 16(5), 17(5) or 18(5) of this Part during the limited period is revoked, and the revocation takes effect on the day that the new election is made.

Revocation of conversion election made during the limited period

20.— (1) A member to whom rule 19 of this Part applies may apply in writing to the authority for a new statement under rule 16, 17 or 18 of this Part, as the case may be.

(2) Any application under paragraph (1) must be made at the same time as an application under rule 5B(11) of Part 11 (purchase of service during the extended limited period).

(3) At the same time as the authority give the notice under rule 5B(15) of Part 11, the authority must provide a statement referred to in rule 16(3), 17(4) or 18(4), as the case may be.

(4) Where the applicant elects to revoke the previous election decision, the election must be made at the same time as the election to purchase service during the extended limited period under rule 6A of Part 11 and may not be made at any other time.

(5) An election under paragraph (4) must be made by giving written notice to the authority and takes effect on the date on which the notice is received by the authority.”