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

PART 1
Introductory provisions

1 Title, application and coming into force

2 Interpretation

PART 2
Remediable Service Statements

4 Requirement to provide a remediable service statement

PART 3
Decisions in relation to remediable service

CHAPTER 1 Opted-out service elections

5 Application and interpretation of Chapter 1

6 Election in relation to opted-out service

7 Opted-out service election: additional requirements

8 Opted-out service election: lapse

CHAPTER 2 Immediate choice decision for 2015 scheme or legacy scheme benefits

9 Application and interpretation of Chapter 2

10 Immediate choice decision for 2015 scheme or legacy scheme benefits

11 Immediate choice decision: additional requirements

12 Immediate choice decision: deemed decision

CHAPTER 3 Deferred choice decision for 2015 scheme or legacy scheme benefits

13 Application and interpretation of Chapter 3

14 Deferred choice decision for 2015 scheme or legacy scheme benefits: general

15 Deferred choice decision to be made by M

16 Deferred choice decision to be made by a person other than M

17 Deferred choice decision: additional requirements

18 Deferred choice decision: deemed decision

19 Deferred choice decision: transitional arrangements

PART 4
Provision about divorce and dissolution arrangements

CHAPTER 1 Pension credit and pension debit members

SECTION 1 Application and interpretation of Chapter 1

20 Application and interpretation of Chapter 1

SECTION 2 Pension sharing orders: information provided before 1 October 2023

21 Application and interpretation of Section 2

22 Meaning of “alternative amount”

23 Information provided before 1 October 2023: calculating a remediable credit adjustment

24 Information provided before 1 October 2023: applying a remediable credit adjustment

25 Information provided before 1 October 2023: recalculating D’s reduction of benefit

SECTION 3 Information provided on or after 1 October 2023

26 Application and interpretation of Section 3

27 Information provided on or after 1 October 2023: calculation of pension credits and debits

28 Information provided on or after 1 October 2023: recalculating D’s reduction of benefit

CHAPTER 2 Arrangement on divorce, annulment or dissolution other than a pension sharing order

29 Arrangements other than a pension sharing order: calculating the value of pension benefits

PART 5
Voluntary contributions

30 Treatment of 2015 scheme added pension payments

31 Treatment of legacy scheme added years payments

32 Remedial arrangements to pay voluntary contributions to secure legacy scheme added years

33 Disapplication of restriction on lump sum payments for 2015 scheme added pension

PART 6
Transfers

CHAPTER 1 General

34 Interpretation of Part 6

35 Transferred out remediable service statements

CHAPTER 2 Transfers on a cash equivalent basis

SECTION 1 Transfers before 1 October 2023

36 Transfers out before 1 October 2023

37 Transfers in before 1 October 2023

SECTION 2 Transfers on or after 1 October 2023

38 Application of Section 2

39 Transfers out on or after 1 October 2023

40 Transfers in from a public service pension scheme on or after 1 October 2023

CHAPTER 3 Transfers on a club basis

SECTION 1 Club transfers before 1 October 2023

41 Club transfers out before 1 October 2023

42 Club transfers in before 1 October 2023

SECTION 2 Club transfers on or after 1 October 2023

43 Application of Section 2

44 Club transfers out on or after 1 October 2023

45 Club transfers in on or after 1 October 2023

SECTION 3 Variation of the club transfer application period

46 Variation of the club transfer application period

CHAPTER 4 Treatment of rights secured by virtue of a remediable value

47 Application and interpretation of Chapter 4

48 Remediable value treated as being in the legacy scheme

49 Treatment of rights to benefits secured by virtue of remediable value

50 Benefits already paid in relation to transferred in remediable rights

51 Pension benefits and lump sum benefits in relation to a remediable value

PART 7
Provision about special cases

CHAPTER 1 Ill-health retirement

52 Application and interpretation of Part 7

53 M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme

54 Entitlement to ill-health benefits where a remedy member’s legacy scheme is the 1992 scheme

55 Assessment and reassessment of certain transitional ill-health cases

CHAPTER 2 Miscellaneous special cases

56 Payment of annual allowance tax charges and provision of information

PART 8
Immediate detriment cases

57 Treatment of immediate detriment cases

PART 9
Liabilities and payment

CHAPTER 1 Application of Part 9

58 Application of Part 9

CHAPTER 2 Interest, compensation and netting off

60 Indirect compensation

61 Applications for compensation or indirect compensation

CHAPTER 3 Reduction and waiver of liabilities

63 Requirement to reduce liabilities by tax relief amounts

64 Waiver of amounts owed by a relevant survivor to the scheme manager

65 Waiver of amounts owed by a relevant separated person to the scheme manager

66 Power to reduce or waive amounts owed by a personal representative to the scheme manager

67 Agreement to waive a liability owed by the scheme manager in respect of an immediate correction

CHAPTER 4 Payment of net liabilities

68 Application and interpretation of Chapter 4

69 Payment of amounts owed to the scheme manager

70 Payments of amounts owed to a person

SCHEDULES

SCHEDULE Eligible decision-makers for deceased members

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

PART 9Liabilities and payment

CHAPTER 2Interest, compensation and netting off

Indirect compensation
60.

(1)

This regulation applies where, pursuant to an application under regulation 61, the scheme manager determines that an immediate choice member (“M”) has incurred a compensatable loss23 that is a Part 4 tax loss24 (a “relevant loss”).

(2)

M is not to be paid an amount under section 23 of the PSPJOA 2022 by way of compensation in respect of the relevant loss.

(3)

Instead, the amount of benefit payable under a firefighters’ pension scheme is to be increased to reflect the amount of the relevant loss in such a manner as determined by the scheme manager in accordance with direction 10(2) to (4) of the PSP Directions 2022.