Citation, commencement and extent

1. —(1) These Regulations may be cited as the Police and Firefighters’ Pension Schemes (Amendment) Regulations 2022.

(2) These Regulations come into force on 1st April 2022.

(3) These Regulations extend to England and Wales.

Amendment of the Firefighters’ Pension Scheme (England) Regulations 2014

2. —(1)The Firefighters’ Pension Scheme (England) Regulations 2014( 3 ) are amended as follows.

(2) After regulation 65(2) (entitlement to higher tier ill-health pension) insert—

“ (2A) Where paragraph (2B) applies, the references to normal pension age in paragraphs (1)(a) and (2)(a) are to be read as references to normal pension age under the 1992 Scheme.

(2B) This paragraph applies where—

(a) the authority has decided to obtain the written opinion of an IQMP under rule H1 (determination by fire authority) of the 1992 Scheme concerning whether a member of that Scheme is permanently disabled or able to undertake regular employment before making a determination as to whether the member is entitled to an ill-health award under rule B3 (ill health awards) of the 1992 Scheme; and

(b) the determination has not been made before 1st April 2022. ” .

(3) In Schedule 2( 4 ) (transitional provisions)—

(a) in paragraph 1 (interpretation)—

(i) in the definition of “closing date”, in paragraph (c), for “member, or” to the end substitute—

“ member,

(ii) if the member is a full protection member of the 1992 Scheme or the NFPS, 31st March 2022, or

(iii) if the member is not a protected member of one of those schemes, the scheme closing date ” ;

(ii) in the definition of “transition date”, for “member, and” to the end substitute—

“ member,

(b) if the member is a full protection member of the 1992 Scheme or the NFPS, 1st April 2022, and

(c) if the member is not a protected member of the 1992 Scheme or the NFPS, the day after the scheme closing date, or the day the person ceased to be a protected member of that scheme, if later ” ;

(b) in paragraph 3(3) (meaning of “ tapered protection closing date ”), at the end insert “which must be before 1st April 2022” ;

(c) in paragraph 9(2) (full protection members of the 1992 Scheme or the NFPS), for the words “as the case may be,” to the end substitute—

“ as the case may be—

(a) on 31st March 2022; or

(b) when P ceases to be in pensionable service under that scheme and ceases to be eligible to be an active member of the NFPS (unless sub-paragraph (3) or (4) applies), if earlier. ” ;

(d) in paragraph 31(2)(a) (pensionable service under the NFPS), omit the words from “or if T returns to pensionable service” to the end;

(e) omit paragraphs 37 (authority determines the entitlement of a member of the NFPS to an ill-health award) and 38 (authority determines the entitlement of a member of the 1992 Scheme to an ill-health award).

Amendment of the Police Pensions Regulations 2015

3. —(1)Schedule 4 (transitional provisions) to the Police Pensions Regulations 2015( 5 ) is amended as follows.

(2) In paragraph 1 (interpretation)—

(a) in the definition of “closing date”, before sub-paragraph (a) insert—

“ (za) if the member is a full protection member of the existing police pension scheme, 31st March 2022; ” ;

(b) in the definition of “transition date”, before sub-paragraph (a) insert—

“ (za) if the member is a full protection member of the existing police pension scheme, 1st April 2022; ” .

(3) For paragraph 9(2) (meaning of “ full protection member ” (the 1987 scheme)) substitute—

“ (2) P ceases to be a full protection member of the 1987 scheme on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022. ” .

(4) For paragraph 12(2) (meaning of “ full protection member ” (the 2006 scheme)) substitute—

“ (2) P ceases to be a full protection member of the 2006 scheme on whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022. ” .

(5) In paragraph 35(2) (pensionable service under the existing police pension scheme), for “purchase of increased benefits” substitute “an election to purchase increased benefits made before 1st April 2022” .