Statutory Instrument 2006 No. 3432

The Firefighters' Pension Scheme (England) Order 2006

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2006 No. 3432

FIRE AND RESCUE SERVICES, ENGLAND

PENSIONS, ENGLAND

The Firefighters' Pension Scheme (England) Order 2006

	Made	19th December 2006
	Laid before Parliament	4th January 2007
	Coming into force	25th January 2007

This Order is made in exercise of the powers conferred by sections 34 and 60 of the Fire and Rescue Services Act 2004[1].

    In accordance with section 34(5) of that Act, the Secretary of State for Communities and Local Government consulted such persons as she considered appropriate before making the Order[2].

    The Secretary of State for Communities and Local Government makes the following Order:

Citation, commencement and application
    1.—(1) This Order may be cited as the Firefighters' Pension Scheme (England) Order 2006 and shall come into force on 25th January 2007, but shall have effect from 6th April 2006.

    (2) This Order applies in relation to England only[3].

New pension scheme for firefighters in England
    2.The New Firefighters' Pension Scheme (England), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by English fire and rescue authorities as firefighters (including persons who die while so employed), shall have effect.

1992 scheme ceasing to have effect in England, with savings
    3.—(1) Subject to paragraphs (2) and (3), the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen's Pension Scheme Order 1992[4] ("the 1992 scheme") shall not have effect in relation to a person who takes up employment with an English fire and rescue authority on or after 6th April 2006.

    (2) Paragraph (1) shall not apply to a person who—

(a) transfers to the employment of an English fire and rescue authority from employment with a fire and rescue authority in Scotland or Wales or with the Northern Ireland Fire and Rescue Service Board; and

(b) immediately before 6th April 2006, was a member of the firefighters' pension scheme established by the authority from whose employment he transfers.

    (3) Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 scheme on taking up employment with an English fire and rescue authority—

(a) on the date on which this Order comes into force—


(i) the 1992 scheme shall cease to have effect in relation to him, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and

(ii) the provisions of the New Firefighters' Pension Scheme (England) shall have effect in relation to him; and



(b) pensionable service that was reckonable service for the purposes of the 1992 scheme shall be treated as pensionable service reckonable under the New Firefighters' Pension Scheme (England).

    (4) The 1992 scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it.

Continuation of schemes for retained firefighters
    4.—(1) This article applies where, immediately before the date on which this Order comes into force, an English fire and rescue authority maintain a scheme for the payment of pensions to and in respect of retained firefighters ("the retained scheme").

    (2) Subject to paragraph (3), the authority may continue to maintain the retained scheme on and after the date on which this Order comes into force, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services Act 2004.

    (3) The authority must not—

(a) in respect of a retained firefighter who becomes a member of the New Firefighters' Pension Scheme (England), make any contribution to the retained scheme on or after the date on which the firefighter's membership of that Scheme commences, or

(b) use their Firefighters' Pension Fund[5] for the making of employer's contributions to the retained scheme.

    (4) In this article "retained firefighter" means a person employed by a fire and rescue authority—

(a) as a firefighter, but not as a regular firefighter, and

(b) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.

Signed by authority of the Secretary of State for Communities and Local Government


Phil Woolas
Minister of State Department for Communities and Local Government

19th December 2006

SCHEDULE 1Article 2


THE NEW FIREFIGHTERS' PENSION SCHEME (ENGLAND)



CONTENTS

PART 1
CITATION AND INTERPRETATION

1.

Citation

2.	Interpretation

3.	Disablement

PART 2
SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

1.	Scheme membership

2.	Eligibility conditions

3.	Normal retirement age and normal benefit age

4.	Last day of membership

5.	Election not to make pension contributions

6.	Rejoining the Scheme

PART 3
PERSONAL AWARDS

1.	Ordinary pension

2.	Award on ill-health retirement

3.	Deferred pension

4.	Cancellation of deferred pension

5.	Pension on member-initiated early retirement

6.	Pension on authority-initiated early retirement

7.	Entitlement to two pensions

8.	Refund of aggregate pension contributions

9.	Commutation: general

10.	Commutation: small pensions

11.	Allocation of pension

12.	Pension debit members

PART 4
SURVIVORS' PENSIONS
CHAPTER 1
SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS

1.	Pensions for surviving spouses, civil partners and nominated partners

2.	Amount of survivor's pension: general

3.	Amount of survivor's pension: special cases

4.	Bereavement pension: survivors

5.	Commutation of pensions for surviving spouses, civil partners and nominated partners

CHAPTER 2
CHILDREN'S PENSIONS

6.	Child's pension

7.	Child's pension: limitations and duration

8.	Amount of child's pension

9.	Bereavement pension: children

10.	Pension for child where no survivor's pension paid

11.	Child's pension in respect of pension debit member

12.	Commutation of child's pension

PART 5
AWARDS ON DEATH

1.	Death grant

2.	Post-retirement death grant

PART 6
PENSION SHARING ON DIVORCE

1.	Pension credit member's entitlement to pension

2.	Commutation of whole of pension credit benefits

3.	Commutation of part of pension credit benefits

4.	Application of general rules

5.	Post-retirement death grant: pension credit members

PART 7
RESERVISTS

1.	Interpretation of Part

2.	Continuity of employment

3.	Awards on death or permanent disablement

4.	Reservists who do not resume employment with their former authority

PART 8
DETERMINATION OF QUESTIONS AND APPEALS

1.	Interpretation of Part 8

2.	Determinations and decisions by fire and rescue authority

3.	Review of medical opinion

4.	Appeals against decisions based on medical advice

5.	Appeals on other issues

PART 9
REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

1.	Review of ill-health pension

2.	Consequences of review

3.	Withdrawal of pension during service as firefighter

4.	Withdrawal of early payment of deferred pension

5.	Withdrawal of pension on conviction of certain offences

6.	Forfeiture of award

PART 10
QUALIFYING SERVICE AND PENSIONABLE SERVICE

1.	Qualifying service

2.	Reckoning of pensionable service

3.	Non-reckonable service

4.	Reckoning of unpaid period of absence

5.	Reckoning of maternity, paternity and adoption leave, etc

6.	Calculation of pensionable service

PART 11
PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
CHAPTER 1
PENSIONABLE PAY AND PENSION CONTRIBUTIONS

1.	Pensionable pay

2.	Final pensionable pay

3.	Pension contributions

4.	Optional pension contributions during maternity and adoption leave

CHAPTER 2
PURCHASE OF ADDITIONAL SERVICE

5.	Purchase of additional service

6.	Election to purchase additional service

7.	Duration of periodical contributions and premature cessation

8.	Discontinuance and resumption of periodical contributions

9.	Periodical contributions in respect of periods of unpaid service or absence

10.	Effect of purchasing additional service by lump sum payment

PART 12
TRANSFERS INTO AND OUT OF THE SCHEME
CHAPTER 1
INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT

1.	Interpretation of Part 12

2.	Entitlement to transfer value payment

CHAPTER 2
TRANSFERS OUT OF THE SCHEME

3.	Applications for statements of entitlement

4.	Applications for transfer value payments

5.	Ways in which transfer value payments may be applied

6.	Calculating amounts of transfer value payments

7.	Effect of transfers-out

CHAPTER 3
TRANSFERS INTO THE SCHEME

8.	Applications for acceptance of transfer value payment from another scheme

9.	Procedure for applications under rule 8

10.	Acceptance of transfer value payments

11.	Calculation of transferred-in pensionable service

CHAPTER 4
TRANSFERS BETWEEN ENGLISH AUTHORITIES

12.	Transfer of pension history between English authorities

CHAPTER 5
MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS

13.	Interpretation of Chapter 5

14.	Mis-sold pensions

15.	Calculation of amount of restitution payment

PART 13
FIREFIGHTERS' PENSION FUND

1.	Firefighters' Pension Fund: payments, receipts and transfers

2.	Payments and transfers into Firefighters' Pension Fund

3.	Transfers from Firefighters' Pension Fund

4.	Excess amounts: information

5.	Excess amounts: estimated deficits

6.	Excess amounts – estimated surpluses

7.	Excess amounts – actual deficits

8.	Excess amounts – actual surpluses

9.	Duty to provide information

10.	Duty to have regard to guidance

PART 14
PAYMENT OF AWARDS

1.	Authorities responsible for payment of awards

2.	Deduction of tax and lifetime allowance changes

3.	Payment of awards

4.	Pensions under more than one contract of employment

5.	Payments for minors and persons incapable of managing their affairs

6.	Payment of awards; further supplementary provision

PART 15
MISCELLANEOUS PROVISIONS

1.	Guaranteed minimum pensions, etc.

2.	Survivors' guaranteed minimum pensions

3.	Information for authorities

4.	Annual benefit statements

5.	Death of retained or volunteer firefighter before Firefighters' Pension Scheme (England) Order 2006 in force

6.	Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006

PART 1
CITATION AND INTERPRETATION
Citation
    1.This Scheme (which, by virtue of article 1(1) of the Firefighters' Pension Scheme (England) Order 2006, has effect from 6th April 2006) may be cited as the New Firefighters' Pension Scheme (England).

Interpretation
    2.—(1) In this Scheme—

"the 1992 Scheme" means the Firefighters' Pension Scheme 1992[6];

"the 1993 Act" means the Pension Schemes Act 1993[7];

"the 1999 Act" means the Welfare Reform and Pensions Act 1999[8];

"adoption leave" means leave under sections 75A and 75B of the Employment Rights Act 1996[9]; and "ordinary adoption leave" and "additional adoption leave" shall be construed accordingly;

"amount", in relation to a pension, means the annual amount of the pension;

"authority", except in the definition of "independent qualified medical practitioner" and in the expression "fire authority", means a fire and rescue authority“;

"authority-initiated early retirement" means retirement before normal retirement age under rule 6 of Part 3;

"award", unless a contrary indication appears, means a pension or lump sum under this Scheme, or the refund of pension contributions;

"cash equivalent" has the meaning given by section 94(1)(a) of the 1993 Act;

"child", in relation to a scheme member, means—

(a) a child who is financially dependent on him, and is—


(i) a natural child, step-child or adopted child of his; or

(ii) otherwise related to him; or

(iii) the child of his spouse, civil partner or nominated partner; or



(b) any child of his—



(i) who is born after his death, and

(ii) with whom the child's mother was pregnant at the date of the member's death;

"Compensation Scheme" means the Firefighters' Compensation (England) Scheme 2006 set out in Schedule 1 to the Firefighters' Compensation (England) Order 2006[10];

"contracted–out", in relation to an employment or scheme, has the meaning given by section 8(1) of the 1993 Act[11];

"contributions equivalent premium" has the meaning given by section 55(2) of the 1993Act; and any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable;

"contributions election" means an election under rule 5(1) of Part 2 not to make pension contributions;

"deferred member" has the meaning given by rule 1(3) of Part 2;

"disabled" and "disablement" have the meanings given by rule 3 of this Part;

"eligibility condition" means a condition set out in rule 2(1) of Part 2;

"final pensionable pay" shall be construed in accordance with rule 2 of Chapter 1 of Part 11;

"firefighter member" has the meaning given by rule 1(1) of Part 2;

"guaranteed minimum" is the amount determined for the purposes of sections 13 to 17 of the 1993 Act, and "guaranteed minimum pension" has the same meaning as in that Act[12]; and any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Secretary of State as that minimum at that time;

"higher tier ill–health pension" means a pension of the description referred to in rule 2(4) of Part 3;

"ill-health retirement" means retirement under rule 2 of Part 3;

"independent qualified medical practitioner" means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine[13] or an equivalent institution of an EEA State; and for the purposes of this definition "a competent authority" has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[14];

"injury" means any injury or disease, whether of body or mind;

"lower tier ill-health pension" means a pension of the description referred to in rule 2(3) of Part 3;

"maternity leave" means leave under sections 71 and 73 of the Employment Rights Act 1996[15]; and "ordinary maternity leave" and "additional maternity leave" shall be construed accordingly;

"member-initiated early retirement" means retirement before normal retirement age under rule 5 of Part 3;

"nominated partner" has the meaning given by rule 1(2) of Part 2;

"normal benefit age" has the meaning given by rule 3(2) of Part 2;

"normal retirement age" has the meaning given by rule 3(1) of Part 2;

"paternity leave" means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002[16];

"pension", unless a contrary intention appears, means a pension under this Scheme;

"pensionable pay" shall be construed in accordance with rule 1 of Part 11;

"pensionable retained or volunteer service", in relation to a retained or volunteer firefighter and any period, means the same proportion of whole-time service as that which his actual pensionable pay for that period bears to his reference pay for that period;

"pensionable service" shall be construed in accordance with rules 2 to 5 of Part 10;

"pension credit" means a credit under section 29(1)(b) of the 1999 Act, or corresponding Northern Ireland legislation;

"pension credit benefit" has the meaning given by section 101B of the 1993 Act[17];

"pension credit member" has the meaning given by section 124(1) of the Pensions Act 1995[18];

"pension credit rights" has the meaning given by section 101B of the 1999 Act;

"pension debit" means a debit under section 29(1)(a) of the 1999 Act;

"pension debit member" means a person whose benefits or future benefits under this Scheme have been reduced under section 31 of the 1999 Act;

"pensioner", except in the definition of "pensioner member", means a person who is in receipt of a pension;

"pensioner member" has the meaning given by rule 1(4) of Part 2;

"pension sharing order" means an order or provision mentioned in section 28(1) of the 1999 Act;

"personal pension scheme" has the meaning given by section 1 of the 1993 Act;

"qualifying service" has the meaning given by rule 1 of Part 10;

"reference pay", in relation to the pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;

"regular employment" means employment for at least 30 hours a week on average over a period of not less than 12 consecutive months beginning with the date on which the issue of the person's capacity for employment arises;

"regular firefighter" means a person employed (whether whole-time or part-time) by an authority—

(a) as a firefighter, but not as a retained or volunteer firefighter,

(b) on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting); and

(c) otherwise than in a temporary capacity;

"retained firefighter" and "volunteer firefighter" mean a person employed by an authority—

(a) as a firefighter, but not as a regular firefighter,

(b) on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c) otherwise than in a temporary capacity, and

(d) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives,

and "retained or volunteer firefighter" shall be construed accordingly;

"role", in relation to a firefighter, except in rule 1(1) of Part 2, means the role in which he is for the time being employed, being a role set out in "Fire and Rescue Services Rolemaps" issued by the National Joint Council for Local Authority Fire and Rescue Services in August 2005[19];

"state pensionable age" means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995[20];

"survivor's pension" means a pension under rule 1 of Part 4; and

"transfer value payment" means a payment to another pension scheme or arrangement in respect of rights to benefits that have accrued to or in respect of him under this Scheme.

    (2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Disablement
    3.—(1) References in this Scheme to a person's being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

    (2) Disablement—

(a) in relation to a firefighter member, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to perform any duties of the role in which he was last employed;

(b) in relation to a child, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to earn a living.

    (3) In determining whether a person's disablement is permanent, the authority shall have regard—

(a) in every case, to whether the disablement will continue until the person's normal retirement age; and

(b) in relation to a person who has taken a deferred pension, to whether the disablement will continue until his normal benefit age.

    (4) Where—

(a) a person has left the Scheme with deferred entitlement to benefits before becoming disabled, and

(b) the date on which he becomes disabled cannot be ascertained,

the date shall be taken to be that on which the claim that he is disabled is first made known to the authority.

PART 2
SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
Scheme membership
    1.—(1) Subject to paragraph (2), a person of any of the following descriptions is entitled to be a firefighter member of this Scheme—

(a) a person who, on or after 6th April 2006, takes up employment with an authority as a firefighter, and whose role on taking up that employment includes—


(i) resolving operational incidents, or

(ii) leading and supporting others in the resolution of operational incidents;



(b) a person who—



(i) having taken up employment as a firefighter before 6th April 2006,

(ii) having continued in such employment until the date of his election, and

(iii) having been a member of the 1992 Scheme,



elects to become a member of this Scheme; and

(c) a person to whom article 3(3) of the Firefighters' Pension Scheme (England) Order 2006 refers (persons becoming members of the 1992 Scheme on taking up employment with an authority on or after 6th April 2006 and before that Order comes into force).

    (2) A person may not be a firefighter member of this Scheme if he makes a contributions election (but he may again become a firefighter member by virtue of rule 6(4)).

    (3) A person is a deferred member of this Scheme if he is entitled to a deferred pension under rule 3 of Part 3.

    (4) A person is a pensioner member of this Scheme if he is in receipt of a pension or other benefits under the Scheme in respect of his pensionable service or by reason of service credited to the Scheme under Part 12.

    (5) A person is a dependent member of this Scheme if he is—

(a) the spouse or civil partner of a deceased firefighter member;

(b) the nominated partner of a deceased firefighter member;

(c) a pension credit member in relation to a firefighter member;

(d) the child of a person who is a member of the Scheme by virtue of sub-paragraph (a) or (b) of paragraph (1), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or

(e) is in receipt of a portion of a firefighter's pension allocated under rule 11 of Part 3.

    (6) For the purposes of paragraph (5), a firefighter member may nominate (a "nominated partner") a person who—

(a) has been living with the firefighter member, otherwise than as his spouse or civil partner, in a long-term relationship; and

(b) at the date on which the question of the person's status in relation to the firefighter member falls to be considered—


(i) is not the spouse or civil partner of any other person,

(ii) is registered with the scheme administrator as the firefighter member's nominated partner, and

(iii) is financially dependent on the firefighter member or is, with the firefighter member, in a state of mutual financial dependency,



but this is subject to paragraph (8).

    (7) In paragraph (6)—



(a) "long-term relationship" means a relationship that has continued, to the exclusion of any other relationship, for the period of two years ending with the date on which the question of the person's status in relation to the firefighter member falls to be considered, or such shorter period as the authority may in any particular case think fit; and

(b) "scheme administrator" has the meaning given by section 270 of the Finance Act 2004[21].



    (8) A firefighter member may not make a nomination under paragraph (6) if (under the law of England and Wales) he is prohibited from marrying or, as the case may be, becoming the civil partner of the person he wishes to nominate.

    (9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters in to a civil partnership (whether with each other or with another person).

    (10) Where a person who is—



(a) employed by more than one authority, or

(b) employed by a particular authority under more than one contract of employment,



is entitled to be a member of this Scheme, he shall be a member of it in respect of each employment; but he shall not be a member by virtue of any employment in respect of which he makes a contributions election that is not cancelled.

Eligibility conditions
    2.—(1) A firefighter member is eligible for a pension under this Scheme if—



(a) he has at least three months' qualifying service; or

(b) he transfers into the Scheme with personal pension rights which qualify him for benefits under the Scheme; or

(c) he reaches normal retirement age.



    (2) In paragraph (1)(b) "personal pension rights" has the meaning given by section 71 of the 1993 Act[22].

Normal retirement age and normal benefit age
    3.—(1) The normal retirement age of firefighter members is 60.

    (2) The normal benefit age of firefighter members is 65.

Last day of membership
    4.—(1) Where a firefighter member leaves the Scheme, his last day of membership shall be taken to be—



(a) where he leaves on retirement at normal retirement age, his last day of service; and

(b) in any other case, subject to paragraph (2), the last day on which he pays contributions.



    (2) Where a firefighter member is on unpaid leave or absent without permission on the day on which he leaves the Scheme, his last day of membership shall be taken to be such date as may be agreed with the authority.

Election not to make pension contributions
    5.—(1) A firefighter member may at any time, by giving written notice to his employing authority, elect to make no further pension contributions (referred to in this Scheme as a "contributions election").

    (2) Subject to paragraph (3)—



(a) a contributions election takes effect on the day on which begins the first pay period falling after the date on which the notice under paragraph (1) is received; and

(b) his membership of the Scheme ceases on the day on which the contributions election takes effect.



    (3) A person who makes a contributions election within three months of joining the Scheme shall be treated as if he had never been a member of it.

    (4) A person whose membership of the Scheme ceases as mentioned in paragraph (2)(b) remains entitled to any deferred benefits accrued while he was a member.

Rejoining the Scheme
    6.—(1) Subject to paragraphs (2) and (3), a person who has made a contributions election may cancel it by giving written notice to the authority.

    (2) Paragraph (1) does not apply where the person—



(a) is entitled to reckon 40 or more years of pensionable service for the purposes of the Scheme; or

(b) has previously given notice under this rule, unless the authority have declined to accept it.



    (3) The authority may resolve that a person's election may not be cancelled unless he has undergone a medical examination, at his own expense, and satisfied them as to his good health.

    (4) Where an election under rule 5(1) is cancelled—



(a) the person shall resume the making of pension contributions; and

(b) shall again be a firefighter member of the Scheme,



with effect from the day on which begins the first pay period falling after the date on which the notice under paragraph (1) of this rule is received.





PART 3
PERSONAL AWARDS
Ordinary pension
    1.—(1) Subject to paragraph (2), this rule applies to a person who satisfies an eligibility condition and retires, having reached normal retirement age, or state pensionable age.

    (2) This rule does not apply to a firefighter member whose notice of retirement states that he is retiring for the purpose of taking up employment with another authority.

    (3) A person to whom this rule applies becomes entitled on retiring to an ordinary pension calculated, subject to paragraph (4), by multiplying his pensionable service by his final pensionable pay and dividing the resultant amount by 60.

    (4) Where a person to whom this rule applies becomes entitled on retiring to a pension in respect of service as a retained or volunteer firefighter, his ordinary pension shall be calculated by multiplying his final pensionable pay by his pensionable retained or volunteer service and dividing the resultant amount by 60.

    (5) Where a firefighter member is entitled to more than one ordinary pension, those pensions shall not be aggregated unless rule 7(6) applies.

Award on ill-health retirement
    2.—(1) This rule applies to a firefighter member who leaves his employment by reason of permanent disablement[23] (referred to in this Scheme as "ill–health retirement").

    (2) Every firefighter member to whom this rule applies and who satisfies an eligibility condition is entitled, on retiring, to a lower tier ill–health pension calculated in accordance with paragraph 1 of Annex 1 to this Scheme.

    (3) A firefighter member—


(a) who is entitled to a lower tier ill–health pension,

(b) who has at least five years of qualifying service, and

(c) in respect of whom an independent qualified medical practitioner has expressed the opinion, obtained in accordance with rule 2(2) of Part 8, that he is permanently disabled from undertaking regular employment,



is also entitled, on retiring, to a higher tier ill–health pension calculated in accordance with paragraph 2 or 3 of Annex 1, as his circumstances require.

Deferred pension
    3.—(1) This rule applies to a firefighter member who—



(a) satisfies an eligibility condition; and

(b) before reaching normal retirement age—


(i) resigns or is dismissed from the authority's employment; or

(ii) makes a contributions election.



    (2) A person to whom this rule applies is entitled to a deferred pension which, subject to paragraph (4) and rule 5, becomes payable from normal benefit age.

    (3) A deferred pension shall be calculated by multiplying the person's pensionable service by his final pensionable pay and dividing the resultant amount by 60.

    (4) Subject to rule 4 of Part 9 (withdrawal of early payment of deferred pension), where—



(a) a person to whom this rule applies gives to the authority by whom he was last employed written notice requesting early payment of his deferred pension, and

(b) the authority are satisfied, having obtained the opinion of an independent qualified medical practitioner in accordance with rule 2(2) of Part 8, that the person is permanently disabled from undertaking regular employment,



the authority shall pay the deferred pension from the date of the person's disablement or, if that date cannot be ascertained, the date of his request for early payment.

    (5) Where a deferred pension is paid early in accordance with paragraph (4), it shall be subject to review under rule 1(2) of Part 9 (review of ill-health pension).

    (6) A person who cancels his deferred pension under rule 4 ceases to be entitled to it.

Cancellation of deferred pension
    4.—(1) Where—



(a) a deferred pension awarded under rule 3 is not being paid; and

(b) the person entitled to it is again employed by an authority in a role which entitles him to rejoin this Scheme, and

(c) he rejoins the Scheme,



he may, at any time before leaving the authority's employment, by written notice given to the authority, instruct the authority to cancel his deferred pension.

    (2) Where an authority cancel a deferred pension, they shall add to the pensionable service used for the calculation of the pension to which the person becomes entitled on leaving the service, the pensionable service used for the calculation of the deferred pension.

    (3) Where the authority from which a person is entitled to receive a deferred pension ("the first authority") is not the authority by which he is employed ("the employing authority"), he must by written notice given to the first authority instruct them—



(a) to cancel the deferred pension, and

(b) to make arrangements with the employing authority for the transfer of his pensionable service in accordance with rule 12 of Chapter 4 of Part 12.



Pension on member-initiated early retirement
    5.—(1) This rule applies to a firefighter member who—



(a) satisfies an eligibility condition; and

(b) before reaching normal benefit age is awarded a deferred pension.



    (2) A person to whom this rule applies may, on or after his 55th birthday, by written notice to the authority request early payment of his deferred pension.

    (3) The authority may refuse a request under paragraph (2) if the rate of the pension (after the actuarial reduction mentioned in paragraph (4)(b) or, as the case may be, paragraph (5)(b)), is likely to be less than the guaranteed minimum pension that would be payable from state pensionable age.

    (4) A deferred pension paid before normal benefit age to a firefighter member whose service is as a regular firefighter shall be calculated by—



(a) multiplying his pensionable service by his final pensionable pay and dividing the resultant amount by 60, and

(b) applying to the amount ascertained in accordance with sub-paragraph (a) the appropriate actuarial reduction factor notified by the Scheme Actuary.



    (5) A deferred pension paid before normal benefit age to a firefighter member whose service is as a retained or volunteer firefighter shall be calculated by—



(a) multiplying his pensionable retained or volunteer service by his final pensionable pay as in rule 2(6) of Part 11 and dividing the resultant amount by 60, and

(b) applying to the amount ascertained in accordance with sub-paragraph (a) the appropriate actuarial reduction factor notified by the Scheme Actuary.



Pension on authority-initiated early retirement
    6.—(1) An authority may, having regard to—



(a) the economical, effective and efficient management of their functions, and

(b) the costs likely to be incurred in the particular case,



determine that a firefighter member who is at least 55 but under normal retirement age should be retired from the service.

    (2) The pension of a person in respect of whom a determination is made under paragraph (1) shall be calculated in accordance with rule 1.

Entitlement to two pensions
    7.—(1) Subject to paragraph (7), a firefighter member who—



(a) satisfies an eligibility condition; and

(b) on taking up a different role within the authority or becoming entitled to a different rate of pay in his existing role, suffers a reduction in the amount of his pensionable pay such that the amount to be taken into account in the calculation of the pension to which he will be entitled at normal retirement age is less than it would otherwise have been,



is entitled to two pensions.

    (2) The pensions shall be calculated as mentioned in paragraphs (3) and (4) and shall become payable as mentioned in paragraph (5).

    (3) The amount of the first pension is that found by multiplying the member's pensionable service up to (but not including) the day on which paragraph (1) first applies to him by the final pensionable pay to which he would have been entitled had he retired on that day, and dividing the resultant amount by 60.

    (4) The amount of the second pension is that found by multiplying the member's pensionable service on and after the day on which paragraph (1) first applies to him by the final pensionable pay to which he is entitled on that day, and dividing the resultant amount by 60.

    (5) Subject to paragraph (6), the pensions become payable on the date on which a pension would have become payable to the member in whichever of the circumstances referred to in rules 1, 2, 3, 5 and 6 applies in his case.

    (6) A member who is entitled to two pensions under this rule may, by written notice to his employing authority, before leaving that employment, instruct the authority to make a single award which shall be calculated in accordance with paragraph (7).

    (7) The single award under paragraph (6) shall be calculated by—



(a) multiplying the aggregate of the periods of pensionable service used for the purposes of paragraphs (3) and (4) by the final pensionable pay used for the purposes of paragraph (4), and

(b) dividing the resultant amount by 60.



    (8) If the member makes a contributions election, he shall be entitled to a single pension, calculated as mentioned in paragraph (3); and that pension shall be treated for the purposes of rule 3(4) to (6) and rule 4 as if it were a deferred pension to which he was entitled under rule 3.

Refund of aggregate pension contributions
    8.—(1) A firefighter member who—



(a) leaves an authority's employment without satisfying an eligibility condition; or

(b) remains in the service but makes a contributions election before he has accrued three months' qualifying service,



is entitled to a refund of his aggregate pension contributions less—



(i) the amount of any tax required to be deducted, and

(ii) such part of any contributions equivalent premium paid in respect of the member as is permitted by or under section 61 of the 1993 Act.



    (2) In paragraph (1), "aggregate pension contributions" means all of the payments made by the member to his employing authority by way of pension contributions.

Commutation: general
    9.—(1) Subject to paragraphs (3) and (4), a person entitled or prospectively entitled to any pension under this Part may commute a portion of it ("the commuted portion") for a lump sum.

    (2) The lump sum shall be calculated by multiplying by 12 the amount of the person's pension represented by the commuted portion at the date of retirement.

    (3) A person taking ill–health retirement may not commute any portion of a higher tier ill–health pension.

    (4) The commuted portion must not exceed—



(a) in a case to which rule 5(4) or (5) applies, one quarter of the amount of the pension calculated in accordance with that paragraph;

(b) in any other case, one quarter of the amount to which he is entitled by way of pension.



    (5) In order to commute a portion of a pension a person must—



(a) not earlier than four months before the date on which he intends to retire, but

(b) not later than the day before the pension comes into payment,



give the authority written notice of commutation specifying the commuted portion.

    (6) Notice of commutation takes effect on the day of the person's retirement ("the effective date").

    (7) The authority shall—



(a) from the effective date, reduce the person's pension by the commuted portion, and

(b) as soon as reasonably practicable after the effective date, pay the lump sum.



    (8) In relation to a deferred pension, a pension on member-initiated early retirement, a pension on authority-initiated early retirement, or either or both of the two pensions referred to in rule 7, paragraphs (6) and (7) of this rule have effect as if references to the day of retirement and the effective date were references to the date on which the pension comes into payment.

    (9) For the purposes of this rule—



(a) the pension of a pension debit member shall be taken to be the amount of the pension after reduction in accordance with rule 12; and

(b) no account shall be taken of any increase under rule 2 or 3 of Part 7 of the Compensation Scheme in an award to a serviceman.



Commutation: small pensions
    10.—(1) Where the amount of any pension payable under this Part to a member who has attained state pensionable age, together with any pension to which he is entitled under rule 1 of Part 6 and any increase under the Pensions (Increase) Act 1971[24], does not exceed the commutation limit specified for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)[25], the fire and rescue authority may commute the pension under this Part for a lump sum.

    (2) The amount of a lump sum under this rule is the actuarial equivalent of the pension, calculated from tables prepared by the Scheme Actuary.

    (3) Where a member is entitled to more than one pension under this Part, the pensions shall be treated as one for the purposes of this rule.

    (4) On the day on which a pension is commuted under this rule, all other entitlements of the member under this Part are extinguished.

Allocation of pension
    11.—(1) A firefighter member may, in accordance with paragraphs (6) and (7), but subject to—



(a) section 214 of the Finance Act 2004 and paragraphs (4) and (5), and

(b) where he is over 74, paragraphs 16A to 16C of Schedule 28 to the Finance Act 2004[26],



allocate up to one–third of any pension to which he is entitled or prospectively entitled under this Part.

    (2) The persons to whom a portion of a pension may be allocated are—



(a) the firefighter member's spouse, civil partner or nominated partner, or

(b) with the consent of the authority, any other person who is substantially dependent on the firefighter member.



    (3) The authority may withhold consent under paragraph (2)(b) if they are not satisfied that the person is substantially dependent on the firefighter member.

    (4) For the purposes of paragraph (1), an authority shall disregard any increase under rule 2 or 3 of Part 7 of the Compensation Scheme (awards to, or on death of, servicemen) in—



(a) awards to—


(i) reservists, or

(ii) reservists who do not resume service with their former authority; and



(b) awards paid under the Compensation Scheme.



    (5) Where more than one portion of a particular pension is allocated under this rule, the total of the allocated portions of that pension must not exceed the portion of that pension retained by the firefighter member.

    (6) The firefighter member must—



(a) satisfy the authority that he is in good health and has a normal life expectancy; and

(b) give the authority written notice of allocation specifying—


(i) the portion,

(ii) the name and address of the intended beneficiary, and

(iii) the sex of the beneficiary.



    (7) The notice of allocation, which may be sent by post, must be given—



(a) if the pension is a deferred pension, not earlier than two months before the pension comes into payment;

(b) in any other case, not earlier than two months before the firefighter member's intended retirement.



    (8) Where the authority are satisfied that—



(a) the firefighter member has complied with paragraphs (6) and (7), and

(b) the allocation proposed by him can be made without contravening section 214 of the Finance Act or, as the case may be, paragraphs 16A to 16C of Schedule 28 to that Act,



they shall, as soon as reasonably practicable after receiving the member's notice of allocation, notify him in writing that they have accepted his proposal.

    (9) Where a proposal is accepted, the notice of allocation only takes effect—



(a) if it refers to a deferred pension, where the pension comes into payment within two months of the date of receipt of the notice;

(b) in any other case, where the firefighter member entitled to the pension retires within two months of the date of receipt of the notice.



    (10) If a notice of allocation takes effect, it does so on the day on which the pension comes into payment or, as the case may be, on the day on which the member retires.

    (11) Where—



(a) a notice of allocation has taken effect,

(b) the pension to which it relates has become payable, and

(c) the beneficiary survives the pensioner,



the authority shall, from the date of the pensioner's death, pay the beneficiary a pension which is the actuarial equivalent of the allocated portion.

    (12) Where more than one portion has been allocated under this rule, a separate calculation shall be made under paragraph (13) in respect of each allocation.

    (13) The actuarial equivalent of an allocated portion shall be calculated in accordance with tables prepared by the Scheme Actuary and in force when the notice of allocation takes effect; and the calculation shall be made by reference to the ages of the pensioner and the beneficiary at the date on which the notice of allocation was given.

    (14) Where—



(a) a notice of allocation has taken effect, and

(b) the beneficiary pre–deceases the pensioner,



the authority shall pay to the pensioner (distinguishing it from any other pension payable to him) the portion of pension that he had allocated ("the failed allocation pension").

    (15) Where paragraph (14) applies, the pensioner is not entitled to recover from the authority the amount of any deduction made in respect of the failed allocation pension.

Pension debit members
    12.Where a pension debit member is entitled to an award under this Part—



(a) the award shall be calculated by reference to the member's rights under this Scheme as reduced by virtue of section 31 of the 1999 Act and in accordance with such tables and other guidance as are provided for the purpose by the Scheme Actuary, and

(b) rules 9 to 11 have effect accordingly.







PART 4
SURVIVORS' PENSIONS


CHAPTER 1
SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
Pensions for surviving spouses, civil partners and nominated partners
    1.—(1) Subject to the following provisions of this rule, a pension is payable on the death of—


(a) a firefighter member who satisfies an eligibility condition and dies while employed by an authority; or

(b) a former firefighter member who—


(i) has been awarded a deferred pension under rule 3 of Part 3 which has not come into payment,

(ii) is in receipt of a deferred pension under that rule; or

(iii) is in receipt of a pension under any of rules 1, 2, 5 and 6 of Part 3,



to the deceased's spouse, civil partner or nominated partner for the remainder of his life (a "survivor's pension").



    (2) A survivor's pension is not payable if the deceased's spouse, civil partner or nominated partner (as the case may be) is convicted of the murder of the deceased; but this is subject to paragraph (4).

    (3) Subject to paragraph (5), where the deceased's spouse, civil partner or nominated partner (as the case may be) is convicted of the manslaughter of the deceased, the authority may, as they think fit, withhold the survivor's pension—



(a) in whole or in part, and

(b) permanently or temporarily.



    (4) Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—



(a) a survivor's pension shall be payable from the day after that on which the deceased died, and

(b) the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.



    (5) Where—



(a) a conviction of the description mentioned in paragraph (3) is quashed on appeal, and

(b) the authority have withheld any part of the survivor's pension,



the authority's decision under paragraph (3) shall be treated as revoked and they shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.

    (6) Nothing in paragraph (4) or (5) shall affect the application of paragraph (2) or (3) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.

Amount of survivor's pension: general
    2.—(1) Subject to rule 3, the amount of a survivor's pension—



(a) in respect of a firefighter member who satisfies an eligibility condition and dies while employed by an authority, is half of the higher tier ill–health pension to which he would have been entitled under rule 2(4) of Part 3 had he retired with the benefit of an ill–health award;

(b) in any other case, subject to paragraphs (2) and (3), is half of the pension to which the deceased was entitled.



    (2) Where a portion of the deceased's pension had been commuted under rule 9 of Part 3, the amount of the survivor's pension is half of the deceased's pension after commutation.

    (3) Where the deceased had taken member-initiated early retirement, the amount of the survivor's pension is—



(a) half of the amount of the pension which the deceased would have received if there had been no actuarial reduction; or

(b) where a portion of the deceased's pension had been commuted, the amount found by dividing by 2 the product of A and B, where—


    A is the amount which the deceased would have received if there had been no actuarial reduction; and

    B is the fraction which represents the uncommuted portion of A expressed as a fraction of A.



Amount of survivor's pension: special cases
    3.—(1) Subject to paragraph (2), where the person entitled to a survivor's pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the survivor's age exceeds, by more than twelve years, that of the deceased, shall be applied to the rule 2 amount.

    (2) Where the application of paragraph (1) would result in the payment of a survivor's pension of less than 50 per cent. of the rule 2 amount, the survivor's pension shall be 50 per cent. of the rule 2 amount.

    (3) Where—



(a) a pension debit member satisfies an eligibility condition and dies while employed by an authority,

(b) a survivor's pension is payable under rule 1 on his death, and

(c) a pension sharing order or, in the case of a surviving civil partner, an order to similar effect, had effect on the day on which the pension debit member died,



the amount of the survivor's pension shall be ascertained with regard to the terms of that order.

    (4) In paragraphs (1) and (2), "the rule 2 amount" means the amount that would have been ascertained in accordance with rule 2 if that rule were not subject to paragraphs (1) to (3) of this rule.

    (5) For the purposes of paragraph (1), a part of a year shall be treated as a whole year.

Bereavement pension: survivors
    4.—(1) Subject to paragraph (2), a person entitled to a survivor's pension under rule 1 is also entitled, in respect of each of the 13 weeks following the death, to a bereavement pension of an amount equal to the difference between the weekly rate at which the survivor's pension is paid and—



(a) if the deceased was a firefighter member when he died, the weekly rate of his pensionable pay when he died;

(b) in any other case, the weekly rate of his pension or pensions (including any increase under the Pensions (Increase) Act 1971) when he died.



    (2) No entitlement arises under paragraph (1) where—



(a) a contributions election has effect at the date of the deceased's death, or

(b) the deceased was entitled to a deferred pension that had not come into payment.



Commutation of pensions for surviving spouses, civil partners and nominated partners
    5.—(1) A pension payable under this Chapter may, if the person entitled to it so requests, be commuted for a lump sum if, after commutation, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.

    (2) The amount of the lump sum shall be calculated in accordance with tables prepared by the Scheme Actuary and in force when the commutation takes effect

    (3) On the day on which a pension is commuted under this rule, all other entitlements under this Scheme of the person entitled to the pension are extinguished to the extent that they derive from the deceased member.





CHAPTER 2
CHILDREN'S PENSIONS
Child's pension
    6.Subject to rule 7, a child is eligible for a child's pension if he is the child of—


(a) a firefighter member who satisfies one of the eligibility conditions and dies while employed by an authority;

(b) a pensioner member who is in receipt of a pension under this Scheme when he dies; or

(c) a deferred member who is entitled to a deferred pension under this Scheme which is not in payment when he dies.



Child's pension: limitations and duration
    7.—(1) Subject to paragraphs (2) and (3), a child is not eligible if—



(a) he is 18 or older;

(b) he has ceased full-time education and is in paid employment; or

(c) he is married or has entered into a civil partnership.



    (2) A child aged 18 but not more than 23 is eligible if he is in full–time education or attending a course of at least one year's duration.

    (3) A child aged 18 or more is eligible if, when the firefighter member dies, he is dependent on him by reason of permanent disablement.

    (4) A child is not eligible if he is convicted of the murder of the firefighter member, but this is subject to paragraph (6).

    (5) Subject to paragraph (7), where the child is convicted of the manslaughter of the deceased, the authority may, as they think fit, withhold the child's pension—



(a) in whole or in part, and

(b) permanently or temporarily.



    (6) Where a conviction of the description mentioned in paragraph (4) is quashed on appeal—



(a) a child's pension shall be payable from the day after that on which the deceased died, and

(b) the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.



    (7) Where—



(a) a conviction of the description mentioned in paragraph (5) is quashed on appeal, and

(b) the authority have withheld any part of the child's pension,



the authority's decision under paragraph (5) shall be treated as revoked and they shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.

    (8) Nothing in paragraph (6) or (7) shall affect the application of paragraph (4) or (5) if the child whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.

    (9) A child's pension ceases to be payable—



(a) unless paragraph (2) or (3) applies, on his18th birthday or on the occurrence of the event referred to in paragraph (1)(b) or (c), whichever first occurs;

(b) where paragraph (2) applies, on his 23rd birthday or the day on which his full–time education or course ceases, whichever first occurs;

(c) where paragraph (3) applies, when the authority are satisfied—


(i) that the child is no longer permanently disabled; or

(ii) that the child's pension should not have been awarded.



    (10) Unless paragraph (9)(c) applies, a pension for which a child is eligible as mentioned in paragraph (3) is payable for life.

Amount of child's pension
    8.—(1) The amount payable by way of a child's pension under this Chapter is—



(a) where the deceased died while employed as a firefighter member and there is one eligible child, one quarter of the ill–health pension to which the member would have been entitled under rule 2 of Part 3 had he retired with the benefit of a higher tier ill–health award on the day after that on which he died;

(b) where the deceased died while employed by an authority as a firefighter member and there is more than one eligible child, one half of the ill–health pension to which the member would have been entitled under rule 2 of Part 3 had he retired with the benefit of a higher tier ill–health award on the day after that on which he died, divided by the number of eligible children;

(c) in any other case, subject to paragraphs (2) and (3)—


(i) if there is one eligible child, one quarter of the pension to which the deceased was entitled on the day he died (whether or not, in the case of a deferred pension, the pension had come into payment);

(ii) if there is more than one eligible child, one half of the pension to which the deceased was entitled on the day he died (whether or not, in the case of a deferred pension, the pension had come into payment) divided by the number of eligible children.



    (2) Where a portion of the deceased's pension had been commuted under rule 9 of Part 3, the amount is—



(a) if there is one eligible child, one quarter of the uncommuted portion;

(b) if there is more than one eligible child, one half of the uncommuted portion, divided by the number of eligible children.



    (3) Where the deceased had taken member-initiated early retirement, the amount is—



(a) if there is one eligible child, one quarter of the amount of the pension which the deceased would have received if there had been no actuarial reduction;

(b) if there is more than one eligible child, one half of the amount of the pension which the deceased would have received if there had been no actuarial reduction, divided by the number of eligible children;

(c) where a portion of the deceased's pension had been commuted, and there is one eligible child, the amount found by dividing by 4 the product of A and B;

(d) where a portion of the deceased's pension had been commuted, and there is more than one eligible child, the amount found by dividing the product of A and B by 2 and then dividing the resultant amount by the number of eligible children.



    (4) In paragraph (3)(c) and (d)—



    A is the amount which the deceased would have received if there had been no actuarial reduction; and

    B is the fraction which represents the uncommuted portion of A expressed as a fraction of A.



Bereavement pension: children
    9.—(1) Where—



(a) no person is entitled to a survivor's pension under rule 1 of Chapter 1, and

(b) a child of the deceased is eligible for a child's pension ("eligible child"),



the authority shall, subject to paragraph (3), pay to the eligible child the amount referred to in paragraph (2) in respect of each of the 13 weeks following the deceased's death or, if shorter, each complete week of the period beginning on the day after the deceased's death and ending on the day on which the child's pension ceases to be payable.

    (2) The amount is equal to that which the authority would have paid under paragraph (1) of rule 4 of this Part (bereavement pension: survivors) had a survivor's pension been payable.

    (3) Where there is more than one eligible child, the amount ascertained in accordance with paragraph (2) shall be divided equally between the eligible children; but—



(a) a child's share shall cease to be paid to him as soon as his child's pension ceases to be payable, and

(b) the share to which he would otherwise have been entitled shall be distributed equally among any remaining eligible children.



    (4) Where a person in receipt of a survivor's bereavement pension dies before the end of the period for which that pension is payable ("the 13 week period"), the authority shall, subject to paragraph (6), pay to the eligible child (if any) a bereavement pension, in respect of each complete week of whichever is the shorter of—



(a) the period beginning on the day after the survivor's death and ending at the end of the 13 week period, and

(b) the period beginning on the day after the survivor's death and ending on the day on which the child's pension ceases to be payable.



    (5) The amount of a bereavement pension under paragraph (4) is equal to that which the authority would have paid under paragraph (1) of rule 4 of this Part had a survivor's bereavement pension been payable for the part of the 13 week period that falls after the survivor's death.

    (6) Where there is more than one eligible child, the amount ascertained in accordance with paragraph (5) shall be divided equally between the eligible children; but—



(a) a child's share shall cease to be paid to him as soon as his child's pension ceases to be payable, and

(b) the share to which he would otherwise have been entitled shall be distributed equally among any remaining eligible children.



Pension for child where no survivor's pension paid
    10.—(1) Where—



(a) no person is entitled to a pension under rule 1 as a survivor of the deceased, and

(b) a child of the deceased is eligible for a child's pension under rule 6,



the authority shall pay to the child, for so long as he is an eligible child, the amount that would have been paid by way of survivor's pension under rule 2 of this Part if, in paragraph (1) of that rule, the words "Subject to rule 3" had been omitted.

    (2) Where there is more than one eligible child, the amount referred to in paragraph (1) shall be divided equally between the eligible children; but—



(a) a child's share shall cease to be paid as soon as his child's pension ceases to be payable, and

(b) the share to which he would otherwise have been entitled shall be distributed equally among any remaining eligible children.



Child's pension in respect of pension debit member
    11.Where a pension debit member dies leaving a child, the reduction in his rights under this Scheme by virtue of section 31 of the 1999 Act shall be disregarded for the purposes of calculating any pension payable under this Chapter.

Commutation of child's pension
    12.—(1) A pension payable under this Chapter may be commuted for a lump sum—



(a) with the consent of the child's remaining parent or, if he has none, the child's guardian or, if he has none, the child himself if he is over 18, and

(b) if, when commuted, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.



    (2) The amount of the lump sum shall be .calculated in accordance with tables prepared by the Scheme Actuary and in force when the commutation takes effect

    (3) On the day on which a pension is commuted under this rule, all other entitlements of the child under this Scheme are extinguished to the extent that they derive from the deceased member.





PART 5
AWARDS ON DEATH
Death grant
    1.—(1) On the death of a person while serving as a firefighter member, the authority shall pay a death grant of an amount ascertained in accordance with the following provisions of this rule (whether or not a pension is payable under any other Part).

    (2) Subject to paragraphs (3) to (5) and, where paragraph (8) applies, paragraph (9), the amount is three times that of the deceased's pensionable pay at the time of his death, expressed as an annual rate.

    (3) Where—


(a) the deceased was a whole-time firefighter member at the time of his death,

(b) had he lived, the deceased would have been entitled to two pensions under rule 7 of Part 3, and

(c) the product of the following formula is greater than three times that of the deceased's pensionable pay at the time of his death, expressed as an annual rate—



3 ×	{	(A × B)	+	(D × E)	}
		C		C

wherewhere
    A is the amount of the deceased's pensionable pay on his last day of service that would have been used in the calculation of his pension under rule 7(3) of Part 3,

    B is the deceased's pensionable service that would have been used in that calculation,

    C is the deceased's qualifying service,

    D is the deceased's pensionable service that would have been used in the calculation of his pension under rule 7(4) of Part 3, and

    E is the deceased's pensionable pay at the time of his death,

    the amount of the death grant is that greater amount.



    (4) Where the deceased was a part–time firefighter member at any time during his period of service (whether or not he was a whole–time firefighter member for part of that period), the amount of the death grant is the greater of—



(a) three times his pensionable pay at the time of his death (which, if he was then employed part–time, would be calculated at the part–time rate), expressed as an annual rate; and

(b) the product of the formula



F	× H × 3,
G

where—
    F is the deceased's pensionable service,

    G is the deceased's qualifying service, and

    H is the pensionable pay that he would have received if, throughout his period of service, he had been a whole–time firefighter of equivalent role and length of service;



    (5) Where the deceased—



(a) had become entitled to two pensions under rule 7(1) of Part 3 at the time of his death; and

(b) had been a part–time firefighter member during the period of service in respect of which he was entitled to a second pension under rule 7(4) of that Part (whether or not he had been a whole–time firefighter member for part of that period),



the amount is whichever is the greatest of—



(i) three times his pensionable pay at the time of his death, expressed as an annual rate,

(ii) the product of the formula specified in paragraph (3), and

(iii) the product of the formula specified in paragraph (4).



    (6) Where the deceased was absent from duty without pay immediately before the day on which he died, his pensionable pay for the purposes of this rule, subject to paragraph (8), shall be taken to be the amount, expressed as an annual rate, of the pay appropriate to his role and conditioned hours on the last occasion that he received it.

    (7) In paragraph (6), "conditioned hours" means the number of hours that the deceased was required to work each week under the terms of his contract of employment.

    (8) The pensionable pay of a person who—



(a) had made an election under rule 4 of Part 10 (reckoning of unpaid period of absence), and

(b) dies before making any payment under paragraph (2) of that rule,



shall be taken to be the amount, expressed as an annual rate, of the pensionable pay that would have been paid if the period of the person's absence from duty without pay had reckoned as pensionable service.

    (9) Where paragraph (8) applies, the death grant shall be abated by the amount due to the authority under rule 4(1) of Part 10.

    (10) Subject to paragraph (11), the death grant may be paid, in whole or in part, to such person or persons as the authority think fit.

    (11) The authority must not pay any part of a death grant to a person who is convicted of the murder or manslaughter of the deceased, but this is subject to paragraph (12).

    (12) Where a conviction of the description mentioned in paragraph (11) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay part of it to the person whose conviction is quashed.

Post-retirement death grant
    2.—(1) Where—



(a) a pension under any of rules 1 to 3, 5 or 6 of Part 3 is in payment; and

(b) the pensioner dies within five years of the pension coming into payment,



the authority shall pay, by way of post-retirement death grant, an amount equal to the difference between—



(i) the amount that they would have paid to the pensioner in that five year period, disregarding any increase in the pension that might have become payable after his death, and

(ii) the amount paid to him before his death (including any lump sum that he may have received on commutation under rule 9 or 10 of Part 3).



    (2) Paragraphs (9) to (11) of rule 1 shall apply in relation to a grant under this rule as they apply in relation to a death grant.





PART 6
PENSION SHARING ON DIVORCE
Pension credit member's entitlement to pension
    1.—(1) A pension credit member is entitled to a pension for life which becomes payable—


(a) when he attains the age of 65, or

(b) if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.



    (2) The pension must be of such an amount that its actuarial value is equal to the member's pension credit, as calculated from tables prepared by the Scheme Actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Act.

Commutation of whole of pension credit benefits
    2.—(1) In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000[27] (commutation of pension credit benefit: small pensions), the authority may, with the agreement of the pension credit member, commute for a lump sum the whole of the pension to which a pension credit member is entitled under rule 1 if, after commutation, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.

    (2) The lump sum under paragraph (1) is the actuarial equivalent of the pension at normal benefit age, calculated from tables prepared by the Scheme Actuary.

Commutation of part of pension credit benefits
    3.—(1) Subject to paragraph (3), a pension credit member may commute for a lump sum a portion of the pension to which he is entitled or prospectively entitled under rule 1 ("the commuted portion").

    (2) The commuted portion must not exceed—



(a) one quarter of the amount of the pension; or

(b) the annual rate of the pension for the first year that it is payable, disregarding—


(i) the reduction resulting from the application of this rule, and

(ii) any reduction resulting from the application of any other provision of this Scheme.



    (3) Paragraph (1) does not apply if the pension debit member from whose rights the pension credit member's pension credit is derived has received a lump sum under rule 9 of Part 3 (commutation: general) before the date on which the pension sharing order takes effect.

    (4) A person who wishes to commute a portion of a pension under paragraph (1) must give the authority written notice of commutation not later than the day before the pension comes into payment and not earlier than four months before—



(a) the date on which the person attains normal benefit age, or

(b) the date on which the pension sharing order takes effect,



whichever is the later.

    (5) Notice of commutation must specify the commuted portion.

    (6) A person's notice of commutation takes effect on the date on which the pension under rule 1 becomes payable.

    (7) When a person's notice of commutation takes effect, the authority shall—



(a) reduce the pension by the commuted portion,

(b) calculate the lump sum by multiplying by 12 the amount of the person's pension represented by the commuted portion at the date of retirement, and

(c) pay him the lump sum as soon as reasonably practicable after—


(i) the date on which he attains normal benefit age, or

(ii) the date on which the pension sharing order takes effect,



whichever is the later.



Application of general rules
    4.—(1) The provisions of this Scheme specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them; but except where other provision is made by this Part or a contrary intention appears—



(a) this Scheme shall not apply to pension credit members and benefits payable to or in respect of them, except if and to the extent that they are also members of this Scheme in another capacity or dependants of a member, and

(b) benefits payable to or in respect of a pension credit member may not be aggregated with benefits payable to or in respect of him—


(i) in any other capacity; or

(ii) as a pension credit member, deriving from any other pension debit member.



    (2) The provisions are—



    rule 2 of Part 8 (determinations and decisions by fire and rescue authorities),

    rule 5 of Part 9 (withdrawal of pension on conviction of certain offences),

    rule 1 of Part 14 (authorities responsible for payment of awards),

    rule 2 of that Part (deduction of tax and lifetime allowance charges),

    rule 3 of that Part (payment of awards),

    rule 5 of that Part (payments for minors and persons incapable of managing their affairs), and

    rule 6 of that Part (payment of awards: further supplementary provision).



Post-retirement death grant: pension credit members
    5.—(1) Where—



(a) a pension credit member dies within five years of the pension under rule 1 coming into payment and before his 75th birthday, and

(b) there is a difference between—


(i) the amount that is five times the pension, calculated at the annual rate effective on the day that it came into payment, and

(ii) the aggregate of—


(aa) the instalments of pension that have been paid, and

(bb) any lump sum received on commutation under rule 3,



the authority shall pay a post-retirement death grant of the amount of that difference.



    (2) The grant may be paid, in whole or in part, to such person or persons as the authority think fit.

    (3) For the purposes of paragraph (1), any increases which, if the pension had continued in payment, would have been taken into account, shall be disregarded.





PART 7
RESERVISTS
Interpretation of Part
    1.In this Part—


"the 1996 Act" means the Reserve Forces Act 1996[28];
"forces period" means the period during which a person undertakes relevant service in the reserve forces;
"former authority", in relation to a reservist, means the authority by which he was employed immediately before his forces period began;
"qualifying injury" means an injury, received by a person in the performance of his duties as a firefighter, which is not wholly or mainly due to his own serious and culpable negligence or misconduct;
"relevant service in the reserve forces" means service in the forces specified in section 1(2) of the 1996 Act—
(a) in pursuance of a training obligation under Part 3 of that Act, or

(b) by virtue of a call out for permanent service or a recall under the Reserve Forces Act 1980[29] or Part 7 of the 1996 Act; and


"reservist" means a person who, immediately before a forces period, was a firefighter.

Continuity of employment
    2.—(1) For the purposes of this Scheme, a reservist shall be treated as having continued, throughout his forces period—



(a) to be a firefighter; and

(b) for the purposes of his pensionable service under Part 10, to be employed by his former authority.



    (2) Where, before his forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, his forces period is not reckonable as pensionable service unless the contributions payable in respect of it are paid (whether during his forces period or, if the authority have agreed that contributions may be discontinued as mentioned in paragraph (2) of rule 8 of Part 11 (discontinuance period not exceeding six months), in accordance with that paragraph).

    (3) For the purposes of calculating the amount of a reservist's pension contributions under rule 3 of Chapter 1 of Part 11—



(a) the pay that he would have received from his former authority during his forces period shall be regarded as his pay for that period (his "notional pay"); and

(b) in respect of any period during his forces period in which the aggregate of—


(i) his actual pay; and

(ii) any payments he receives under section 4 of the 1996 Act,



is less than his notional pay for that first-mentioned period, he shall be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions)[30].

Awards on death or permanent disablement
    3.—(1) A reservist who, at the end of his forces period, is permanently disabled[31] for performing the duties of a firefighter by reason of an infirmity that—


(a) is unrelated to any injury received during his forces period; and

(b) is not a qualifying injury,



is entitled to an award under rule 2 of Part 3 (award on ill-health retirement).

    (2) Where a reservist dies—



(a) during his forces period;

(b) from the effects of an injury which rendered him incapable of performing the duties of a firefighter; or

(c) while receiving a pension under this Scheme,



an award shall be payable in accordance with paragraph (3) or (4).

    (3) Where the reservist's death—



(a) is not the result of a qualifying injury, and

(b) occurs during his forces period,



a survivor's pension under Chapter 1 of Part 4 is payable to his spouse, civil partner or nominated partner (as the case may be) as if the reservist were a firefighter member entitled as mentioned in rule 1(a) of that Part.

    (4) Where the reservist's death occurs during his forces period and is not the result of a qualifying injury—



(a) a child's pension is payable under Chapter 2 of Part 4 as if—


(i) the reservist were a firefighter member who died while employed by an authority; and

(ii) paragraphs (1)(c), (2) and (3) of rule 8 were omitted; and



(b) a death grant is payable under rule 1 of Part 5.



Reservists who do not resume employment with their former authority
    4.A reservist who does not resume employment with his former authority within one month of the end of his forces period shall be treated as having left the authority's employment at the end of his forces period.





PART 8
DETERMINATION OF QUESTIONS AND APPEALS
Interpretation of Part 8
    1.In this Part—


"IQMP" means independent qualified medical practitioner; and
"rule 3 response" means an IQMP's response under rule 3(2).

Determinations and decisions by fire and rescue authority
    2.—(1) The question whether a person is entitled to any and, if so, what awards, shall be determined in the first instance by the authority.

    (2) Subject to paragraph (6), before deciding, for the purpose of determining that question or any other question arising under this Scheme—



(a) whether the person is disabled,

(b) whether any disablement is likely to be permanent,

(c) whether the person has become capable of performing any duties of the role from which he retired on grounds of ill–health,

(d) whether the person is or has become capable of undertaking regular employment, or

(e) any other issue wholly or partly of a medical nature,



the authority shall obtain the written opinion of an IQMP selected by them.

    (3) The IQMP must certify in his opinion under paragraph (2)—



(a) that he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested, and

(b) that he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.



    (4) An IQMP's opinion under paragraph (2) shall be binding on the authority unless it is superseded by his rule 3 response or the outcome of an appeal under rule 4.

    (5) Where, in consequence of an opinion given under paragraph (2), an employee has retired on grounds of ill–health, the IQMP who gave the opinion may, if so requested by the authority for the purposes of a review under rule 1(1) of Part 9, give a further opinion.

    (6) If—



(a) the person concerned wilfully or negligently fails to submit himself to medical examination by the IQMP selected by the authority, and

(b) the IQMP is unable to give an opinion on the basis of the medical evidence available to him,



the authority may make a decision on the issue—



(i) on such other medical evidence as they think fit, or

(ii) without medical evidence.



    (7) Within 14 days of making a decision or determination under this rule, the authority shall—



(a) give written notice of it to the person concerned, and

(b) in the case of a decision on an issue wholly or partly of a medical nature, unless paragraph (6) applies, supply him with a copy of the opinion obtained under paragraph (2).



Review of medical opinion
    3.—(1) Where—



(a) new evidence on an issue wholly or partly of a medical nature is presented to the authority by a person in respect of whom a decision has been made under rule 2,

(b) the authority receive that evidence—


(i) where a copy of an opinion was supplied in accordance with paragraph (7) of rule 1, within 28 days of the receipt by that person of that copy, and

(ii) in any other case, within 28 days of the receipt by that person of notice of the authority's decision, and



(c) the authority and the person concerned agree that the IQMP should be given the opportunity of reviewing his opinion in the light of the new evidence,



the authority shall send a copy of the new evidence to the IQMP and invite him to reconsider his opinion.

    (2) An IQMP's response to an invitation under paragraph (1) shall be in writing.

    (3) An IQMP's rule 3 response shall be binding on the authority unless it is superseded by the outcome of an appeal under rule 4.

    (4) As soon as reasonably practicable after receiving a rule 3 response, the authority shall reconsider their decision.

    (5) Within 14 days of that reconsideration, the authority shall—



(a) give written notice to the person concerned that they have confirmed their decision or revised their decision (as the case may be),

(b) if they have revised their decision, supply him with written notice of the revised decision, and

(c) supply him with a copy of the rule 3 response.



Appeals against decisions based on medical advice
    4.—(1) A person who wishes to appeal against an authority's decision on an issue of a medical nature may do so to a Board of medical referees in accordance with the provisions of Annex 2.

    (2) Subject to paragraph (3), where a decision—



(a) is made with regard to an opinion obtained under rule 2(2) or medical evidence relied on as mentioned in rule 2(6), or

(b) is reconsidered under rule 3(4) with regard to a rule 3 response,



the authority shall, within 14 days of making, confirming or revising the decision (as the case may be), send to the person concerned the documents mentioned in paragraph (4).

    (3) Nothing in paragraph (2) requires the supply of documents that have already been supplied under rule 2(7) or 3(5).

    (4) The documents are—



(a) a copy of the opinion, response or evidence (as the case may be);

(b) an explanation of the procedure for appeals under this rule, ("the explanation"), and

(c) a statement that, if the person wishes to appeal against the authority's decision on an issue of a medical nature, he must give written notice to the authority, stating his name and address and the grounds of his appeal, not later than 28 days after he receives the last of the documents required to be supplied to him under this paragraph, or within such longer period as the authority may allow.



Appeals on other issues
    5.Where—



(a) a person disagrees with an authority's determination under rule 2, and

(b) his disagreement does not involve an issue of a medical nature,



he may, by written notice given to the authority within 28 days of receipt of the determination, require the authority to deal with the disagreement by means of the arrangements implemented by them pursuant to the requirements of section 50 of the Pensions Act 1995[32](resolution of disputes) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996[33].





PART 9
REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
Review of ill-health pension
    1.—(1) So long as a person—


(a) has been in receipt of an ill–health pension for less than 10 years, and

(b) is under state pensionable age,



the authority shall consider, at such intervals as they think proper, whether he has become capable—



(i) of performing any duty appropriate to the role from which he retired on grounds of ill–health, and

(ii) of undertaking regular employment.



    (2) The authority shall, at such intervals as they think proper, consider in relation to a person whose deferred pension is being paid early by virtue of rule 3(4) of Part 3 (early payment of deferred pension on permanent disablement), the same matters as they are required to consider in relation to persons of the description mentioned in paragraph (1).

Consequences of review
    2.—(1) If, on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a higher tier ill–health pension has become capable of undertaking regular employment, his entitlement to that pension shall cease with immediate effect.

    (2) Subject to paragraph (3), a lower tier ill–health pension shall continue to be paid to a person who ceases to be entitled to a higher tier ill–health pension.

    (3) If—



(a) on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a lower tier ill–health pension has become capable of performing the duties appropriate to the role from which he retired on grounds of ill–health, and

(b) the authority make him an offer of employment in that role ("a paragraph (3)(b) offer"),



his entitlement to a lower tier ill–health pension shall cease, with immediate effect, whether he accepts or declines the offer.

    (4) A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under rule 3 of Part 3.

    (5) If, on such consideration as is mentioned in rule 1(2), it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment, his entitlement to early payment of the deferred pension shall cease with immediate effect.

Withdrawal of pension during service as firefighter
    3.—(1) Subject to paragraph (2), the authority by which a pension under Part 3 is payable may withdraw the whole or any part of the pension for any period during which the person entitled to it is again employed as a firefighter by any authority.

    (2) Where a person who is entitled to pensions under this Scheme in respect of both regular and retained or volunteer service (whether from the same authority or from different authorities)—



(a) resumes regular service, but does not resume retained or volunteer service, or

(b) resumes retained or volunteer service, but does not resume regular service,



paragraph (1) applies only as regards the pension referable to his previous retained or volunteer service or, as the case may be, his previous regular service.

    (3) An authority may abate a pension to which a person is entitled under Part 3 so long as he is employed (in whatever capacity) by any authority.

    (4) A person who—



(a) is entitled to a pension under Part 3, and

(b) accepts an offer of employment with an authority (in whatever capacity),



shall, as soon as reasonably practicable after accepting that offer, give written notice to each authority by which a pension is payable to him under Part 3, specifying the name of his employing authority.

Withdrawal of early payment of deferred pension
    4.A person who, on dismissal from an authority's employment, becomes entitled to a deferred pension under rule 3 of Part 3, shall not be entitled to early payment of the deferred pension before reaching the age of 65, unless the authority by which the pension is payable determine otherwise.

Withdrawal of pension on conviction of certain offences
    5.—(1) Where paragraph (2) applies, the authority by which a pension under Part 3 or 4 is payable may withdraw the pension in whole or in part and permanently or temporarily as they think fit.

    (2) This paragraph applies where—



(a) the pensioner has been convicted of an offence referred to in paragraph (3), and, in the case of a pension under Part 4, that the offence was committed after the death on which the pensioner became entitled to it, or

(b) that the pensioner has been convicted of an offence, committed in connection with his employment by an authority, which is certified by the Secretary of State—


(i) as gravely injurious to the interests of the State; or

(ii) as likely to lead to serious loss of confidence in the public service.



    (3) The offences mentioned in paragraph (2)(a) are—



(a) an offence of treason, and

(b) one or more offences under the Official Secrets Acts 1911 to 1989[34] for which the pensioner has been sentenced, on the same occasion—


(i) to a term of imprisonment of at least 10 years, or

(ii) to two or more consecutive terms amounting in aggregate to at least 10 years.



    (4) The authority may, at any time and to such extent as they think fit—



(a) apply for the benefit of any dependant of the pensioner, or

(b) restore to the pensioner,



so much of any pension as has been withdrawn under this rule.

Forfeiture of award
    6.A person who has been convicted of an offence under subsection (6) of section 34 of the Fire and Rescue Services Act 2004 (acts or omissions for purposes of obtaining awards or other sums), forfeits the whole or part of an award or sum obtained by him under this Scheme, as the authority think fit.





PART 10
QUALIFYING SERVICE AND PENSIONABLE SERVICE
Qualifying service
    1.For the purposes of this Scheme, the following periods are periods of a person's qualifying service—


(a) the period during which the person is a firefighter member of the Scheme and for which he receives pensionable pay;

(b) any period during which the person—


(i) is a firefighter member of the Scheme,

(ii) is on unpaid leave other than unauthorised absence,

(iii) has made an election under rule 4(1) of this Part, and

(iv) has paid such contributions as are required to be paid under paragraph (2) of that rule in respect of that period;



(c) in relation to the second pension under rule 7 of Part 3 (entitlement to two pensions), the period of qualifying service taken into account in calculating the first pension under that rule;

(d) any period of additional service purchased under Part 11;

(e) a period credited on acceptance of a transfer under Part 12;

(f) where the person was a member of the 1992 Scheme, the period of service used for determining his eligibility for an award under that Scheme; and

(g) any period of service that may be credited to the firefighter member resulting from maternity, paternity or adoption leave.



Reckoning of pensionable service
    2.—(1) Subject to paragraph (6), for the purposes of this Scheme, a person's pensionable service accrues as pension contributions are paid, and consists of—



(a) any period in respect of which he has paid pension contributions as a member of this Scheme;

(b) any period of service taken into account for the purposes of an award under rule 3 (deferred pension) or rule 7 (entitlement to two pensions) of Part 3 where, on again taking up employment with an authority—


(i) he becomes a member of the Scheme; and

(ii) in accordance with rule 4 of Part 3 (cancellation of deferred pension), the award under rule 3 or rule 7 is cancelled;



(c) any period which he is entitled to reckon as pensionable service under rule 4 (reckoning of unpaid period of absence) or rule 5 (reckoning of maternity, paternity and adoption leave, etc) of this Part or under any of rules 5 to 9 of Part 11;

(d) any period of pensionable service taken into account for the purposes of an ill–health award under rule 2 of Part 3, other than any period included by way of enhancement, where—



(i) the award is cancelled under rule 2 of Part 9; and

(ii) he remains a member of this Scheme (whether or not as an employee of the authority which made the award);



(e) if he rejoins this Scheme on again taking up employment with an authority, any period of service as a former member of the Scheme, in respect of which—



(i) no pension has been paid;

(ii) no refund of pension contributions has been made; and

(iii) no transfer value payment has been made; and



(f) any period of service credited to the Scheme as pensionable service on acceptance of a transfer into the Scheme under Part 12.



  &nbs