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

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  1. Introductory Text

  2. PART 1 Introductory provisions

    1. 1.Title, application and coming into force

    2. 2.Interpretation

    3. 3.Delegation

  3. PART 2 Remediable Service Statements

    1. 4.Requirement to provide a remediable service statement

  4. PART 3 Decisions in relation to remediable service

    1. CHAPTER 1 Opted-out service elections

      1. 5.Application and interpretation of Chapter 1

      2. 6.Election in relation to opted-out service

      3. 7.Opted-out service election: additional requirements

      4. 8.Opted-out service election: lapse

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

      1. 9.Application and interpretation of Chapter 2

      2. 10.Immediate choice decision for 2015 scheme or legacy scheme benefits

      3. 11.Immediate choice decision: additional requirements

      4. 12.Immediate choice decision: deemed decision

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

      1. 13.Application and interpretation of Chapter 3

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

      3. 15.Deferred choice decision to be made by M

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

      5. 17.Deferred choice decision: additional requirements

      6. 18.Deferred choice decision: deemed decision

      7. 19.Deferred choice decision: transitional arrangements

  5. PART 4 Provision about divorce and dissolution arrangements

    1. CHAPTER 1 Pension credit and pension debit members

      1. SECTION 1 Application and interpretation of Chapter 1

        1. 20.Application and interpretation of Chapter 1

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

        1. 21.Application and interpretation of Section 2

        2. 22.Meaning of “alternative amount”

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

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

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

      3. SECTION 3 Information provided on or after 1 October 2023

        1. 26.Application and interpretation of Section 3

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

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

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

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

  6. PART 5 Voluntary contributions

    1. 30.Treatment of 2015 scheme added pension payments

    2. 31.Treatment of legacy scheme added years payments

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

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

  7. PART 6 Transfers

    1. CHAPTER 1 General

      1. 34.Interpretation of Part 6

      2. 35.Transferred out remediable service statements

    2. CHAPTER 2 Transfers on a cash equivalent basis

      1. SECTION 1 Transfers before 1 October 2023

        1. 36.Transfers out before 1 October 2023

        2. 37.Transfers in before 1 October 2023

      2. SECTION 2 Transfers on or after 1 October 2023

        1. 38.Application of Section 2

        2. 39.Transfers out on or after 1 October 2023

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

    3. CHAPTER 3 Transfers on a club basis

      1. SECTION 1 Club transfers before 1 October 2023

        1. 41.Club transfers out before 1 October 2023

        2. 42.Club transfers in before 1 October 2023

      2. SECTION 2 Club transfers on or after 1 October 2023

        1. 43.Application of Section 2

        2. 44.Club transfers out on or after 1 October 2023

        3. 45.Club transfers in on or after 1 October 2023

      3. SECTION 3 Variation of the club transfer application period

        1. 46.Variation of the club transfer application period

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

      1. 47.Application and interpretation of Chapter 4

      2. 48.Remediable value treated as being in the legacy scheme

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

      4. 50.Benefits already paid in relation to transferred in remediable rights

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

  8. PART 7 Provision about special cases

    1. CHAPTER 1 Ill-health retirement

      1. 52.Application and interpretation of Part 7

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

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

      4. 55.Assessment and reassessment of certain transitional ill-health cases

    2. CHAPTER 2 Miscellaneous special cases

      1. 56.Payment of annual allowance tax charges and provision of information

  9. PART 8 Immediate detriment cases

    1. 57.Treatment of immediate detriment cases

  10. PART 9 Liabilities and payment

    1. CHAPTER 1 Application of Part 9

      1. 58.Application of Part 9

    2. CHAPTER 2 Interest, compensation and netting off

      1. 59.Interest

      2. 60.Indirect compensation

      3. 61.Applications for compensation or indirect compensation

      4. 62.Netting off

    3. CHAPTER 3 Reduction and waiver of liabilities

      1. 63.Requirement to reduce liabilities by tax relief amounts

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

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

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

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

    4. CHAPTER 4 Payment of net liabilities

      1. 68.Application and interpretation of Chapter 4

      2. 69.Payment of amounts owed to the scheme manager

      3. 70.Payments of amounts owed to a person

  11. Signature

    1. SCHEDULE

      Eligible decision-makers for deceased members

      1. 1.Interpretation

      2. 2.Sole beneficiary: eligible adult survivor

      3. 3.Sole beneficiary: eligible child survivor

      4. 4.Multiple beneficiaries: eligible adult survivors

      5. 5.Multiple beneficiaries: eligible child survivors

      6. 6.Multiple beneficiaries: additional requirements

      7. 7.Other cases

  13. Explanatory Note

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