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Statutory Instruments

2007 No. 1072 (W.110)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Pension Scheme (Wales) Order 2007

Made

28 March 2007

Coming into force

29 March 2007

Go to Preamble

1. Title, commencement and application
2. New pension scheme for firefighters in Wales
3. 1992 scheme ceasing to have effect in Wales, with savings
4. Continuation of schemes for retained firefighters
SCHEDULE 1

THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)
1. ANNEX 1
  
  ILL-HEALTH PENSIONS
2. ANNEX 2
  
  APPEALS TO BOARD OF MEDICAL REFEREES
SCHEDULE 2

TRANSITIONAL ARRANGEMENTS

Go to Explanatory Note

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 34, 60 and 62 of the Fire and Rescue Services Act 2004(1) and having consulted such persons as it considers appropriate in accordance with section 34(5) of that Act, hereby makes the following Order:

Title, commencement and application

1. --(1) The title of this Order is the Firefighters' Pension Scheme (Wales) Order 2007.

(2) Subject to paragraph (3), this Order comes into force on 29 March 2007, and has effect from 6 April 2006.

(3) Part 13 of Schedule 1 comes into force on 1 April 2007.

(4) This Order applies in relation to Wales.

New pension scheme for firefighters in Wales

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

1992 scheme ceasing to have effect in Wales, 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(2) ("the 1992 scheme") does not have effect in relation to a person who takes up employment with a Welsh fire and rescue authority on or after 6 April 2006.

(2) Paragraph (1) does not apply to a person who--

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

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

(3) Where at any time in the period beginning on 6 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 a Welsh fire and rescue authority--

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

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

(ii) the provisions of the New Firefighters' Pension Scheme (Wales) have effect in relation to that person; and

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

(4) The 1992 scheme continues to have effect in relation to a person who, immediately before 6 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, a Welsh 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 6 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 (Wales), 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(3) for the making of employer's contributions to the retained scheme.

(4) In this article "retained firefighter" ("diffoddwr tân wrth gefn") 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 the person receives.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 March 2007

Article 2

SCHEDULE 1 THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)

PART 1

TITLE AND INTERPRETATION
1. 1. Title
2. 2. Interpretation
3. 3. Disablement
PART 2

SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
1. 1. Scheme membership
2. 2. Eligibility conditions
3. 3. Normal retirement age and normal benefit age
4. 4. Last day of membership
5. 5. Election not to make pension contributions
6. 6. Rejoining the Scheme
PART 3

PERSONAL AWARDS
1. 1. Ordinary pension
2. 2. Award on ill-health retirement
3. 3. Deferred pension
4. 4. Cancellation of deferred pension
5. 5. Pension on member-initiated early retirement
6. 6. Pension on authority-initiated early retirement
7. 7. Entitlement to two pensions
8. 8. Refund of aggregate pension contributions
9. 9. Commutation: general
10. 10. Commutation: small pensions
11. 11. Allocation of pension
12. 12. Pension debit members
PART 4

SURVIVORS' PENSIONS
1. CHAPTER 1
  
  SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
  1. 1. Pensions for surviving spouses, civil partners and nominated partners
  2. 2. Amount of survivor's pension: general
  3. 3. Amount of survivor's pension: special cases
  4. 4. Bereavement pension: survivors
  5. 5. Commutation of pensions for surviving spouses, civil partners and nominated partners
2. CHAPTER 2
  
  CHILDREN'S PENSIONS
  1. 6. Child's pension
  2. 7. Child's pension: limitations and duration
  3. 8. Amount of child's pension
  4. 9. Bereavement pension: children
  5. 10. Pension for child where no survivor's pension paid
  6. 11. Child's pension in respect of pension debit member
  7. 12. Commutation of child's pension
PART 5

AWARDS ON DEATH
1. 1. Death grant
2. 2. Post-retirement death grant
PART 6

PENSION SHARING ON DIVORCE
1. 1. Pension credit member's entitlement to pension
2. 2. Commutation of whole of pension credit benefits
3. 3. Commutation of part of pension credit benefits
4. 4. Application of general rules
5. 5. Post-retirement death grant: pension credit members
PART 7

RESERVISTS
1. 1. Interpretation of Part 7
2. 2. Continuity of employment
3. 3. Awards on death or permanent disablement
4. 4. Reservists who do not resume employment with their former authority
PART 8

DETERMINATION OF QUESTIONS AND APPEALS
1. 1. Interpretation of Part 8
2. 2. Determinations and decisions by fire and rescue authority
3. 3. Review of medical opinion
4. 4. Appeals against decisions based on medical advice
5. 5. Appeals on other issues
PART 9

REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
1. 1. Review of ill-health pension
2. 2. Consequences of review
3. 3. Withdrawal of pension during service as firefighter
4. 4. Withdrawal of early payment of deferred pension
5. 5. Withdrawal of pension on conviction of certain offences
6. 6. Forfeiture of award
PART 10

QUALIFYING SERVICE AND PENSIONABLE SERVICE
1. 1. Qualifying service
2. 2. Reckoning of pensionable service
3. 3. Non-reckonable service
4. 4. Reckoning of unpaid period of absence
5. 5. Reckoning of maternity, paternity and adoption leave, etc.
6. 6. Calculation of pensionable service
PART 11

PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
1. CHAPTER 1
  
  PENSIONABLE PAY AND PENSION CONTRIBUTIONS
  1. 1. Pensionable pay
  2. 2. Final pensionable pay
  3. 3. Pension contributions
  4. 4. Optional pension contributions during maternity and adoption leave
2. CHAPTER 2
  
  PURCHASE OF ADDITIONAL SERVICE
  1. 5. Purchase of additional service
  2. 6. Election to purchase additional service
  3. 7. Duration of periodical contributions and premature cessation
  4. 8. Discontinuance and resumption of periodical contributions
  5. 9. Periodical contributions in respect of periods of unpaid service or unpaid absence
  6. 10. Effect of purchasing additional service by lump sum payment
PART 12

TRANSFERS INTO AND OUT OF THE SCHEME
1. CHAPTER 1
  
  INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
  1. 1. Interpretation of Part 12
  2. 2. Entitlement to transfer value payment
2. CHAPTER 2
  
  TRANSFERS OUT OF THE SCHEME
  1. 3. Applications for statements of entitlement
  2. 4. Applications for transfer value payments
  3. 5. Ways in which transfer value payments may be applied
  4. 6. Calculating amounts of transfer value payments
  5. 7. Effect of transfers-out
3. CHAPTER 3
  
  TRANSFERS INTO THE SCHEME
  1. 8. Applications for acceptance of transfer value payment from another scheme
  2. 9. Procedure for applications under rule 8
  3. 10. Acceptance of transfer value payments
  4. 11. Calculation of transferred-in pensionable service
4. CHAPTER 4
  
  TRANSFERS BETWEEN WELSH AUTHORITIES
  1. 12. Transfer of pension history between Welsh authorities
5. CHAPTER 5
  
  MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
  1. 13. Interpretation of Chapter 5
  2. 14. Mis-sold pensions
  3. 15. Calculation of amount of restitution payment
PART 13

FIREFIGHTERS' PENSION FUND
1. 1. Firefighters' Pension Fund: payments, receipts and transfers
2. 2. Payments and transfers into Firefighters' Pension Fund
3. 3. Transfers from Firefighters' Pension Fund
4. 4. Excess amounts: information
5. 5. Excess amounts: estimated deficits
6. 6. Excess amounts -- estimated surpluses
7. 7. Excess amounts -- actual deficits
8. 8. Excess amounts -- actual surpluses
9. 9. Duty to provide information
10. 10. Duty to have regard to guidance
PART 14

PAYMENT OF AWARDS
1. 1. Authorities responsible for payment of awards
2. 2. Deduction of tax and lifetime allowance charges
3. 3. Payment of awards
4. 4. Pensions under more than one contract of employment
5. 5. Payments for minors and persons incapable of managing their affairs
6. 6. Payment of awards; further supplementary provision
PART 15

MISCELLANEOUS PROVISIONS
1. 1. Guaranteed minimum pensions, etc.
2. 2. Survivors' guaranteed minimum pensions
3. 3. Information for authorities
4. 4. Annual benefit statements
5. 5. Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Wales) Order 2007 in force
6. 6. Death on or before 31 March 2007 of retained or volunteer firefighter employed before 6 April 2006
AMEX 1

Ill Health Provisions
AMEX 2

Appeals to Board of Medical Referees

PART 1 TITLE AND INTERPRETATION

Title

1. --(1) This Scheme is called the New Firefighters' Pension Scheme (Wales).

(2) Subject to sub-paragraph (3), this Scheme, (by virtue of article 1(2) and (3) of the Firefighters' Pension Scheme (Wales) Order 2007), has effect from 6 April 2006.

(3) Part 13 of this Scheme has effect from 1 April 2007.

Interpretation

2. --(1) In this Scheme--

"the 1992 Scheme" ("Cynllun 1992") means the Firefighters' Pension (Wales) Scheme 1992(5);

"the 1993 Act" ("Deddf 1993") means the Pension Schemes Act 1993(6);

"the 1999 Act" ("Deddf 1999") means the Welfare Reform and Pensions Act 1999(7);

"adoption leave" ("seibiant mabwysiadu") means leave under sections 75A and 75B of the Employment Rights Act 1996(8); and "ordinary adoption leave"("seibiant mabwysiadu arferol") and "additional adoption leave" ("seibiant mabwysiadu ychwanegol") are construed accordingly;

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

"Assembly" ("Cynulliad") means the National Assembly for Wales;

"authority" ("awdurdod"), except in the definition of "independent qualified medical practitioner" ("ymarferydd meddygol cymwysedig annibynol") and in the expression "fire authority" ("awdurdod tân"), means a fire and rescue authority;

"authority-initiated early retirement" ("ymddeoliad cynnar ar archiad yr awdurdod") means retirement before normal retirement age under rule 6 of Part 3;

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

"cash equivalent" ("cyfwerth ag arian parod" ac "cyfwerth arian parod") has the meaning given by section 94(1)(a) of the 1993 Act;

"child" ("plentyn"), in relation to a scheme member, means--

(a)

a child who is financially dependent on the firefighter member, and is--

(i)

a natural child, step-child or adopted child of the firefighter member; or

(ii)

otherwise related to the firefighter member; or

(iii)

the child of the firefighter member's spouse, civil partner or nominated partner; or

(b)

any child of the firefighter member's--

(i)

who is born after the firefighter member's death, and

(ii)

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

"Compensation Scheme" ("Cynllun Iawndal") means the Firefighters' Compensation (Wales) Scheme 2007 set out in Schedule 1 to the Firefighters' Compensation (Wales) Order 2007(9);

"contracted-out" ("wedi'i gontractio allan"), in relation to an employment or scheme, has the meaning given by section 8(1) of the 1993 Act;

"contributions equivalent premium" ("premiwm sy'n gyfwerth â chyfraniadau") has the meaning given by section 55(2) of the 1993 Act; 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" ("dewisiad cyfraniadau") means an election under rule 5(1) of Part 2 not to make pension contributions;

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

"disabled" ("anabl" ac "anablu") and "disablement" ("anabledd") have the meanings given by rule 3 of this Part;

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

"final pensionable pay" ("tâl pensiynadwy terfynol") is construed in accordance with rule 2 of Part 11;

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

"guaranteed minimum" ("lleiafswm gwarantedig") 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(10); 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" ("pensiwn afiechyd haen uwch") means a pension of the description referred to in rule 2(3) of Part 3;

"ill-health retirement" ("ymddeoliad oherwydd afiechyd") means retirement under rule 2 of Part 3;

"independent qualified medical practitioner" ("ymarferydd meddygol cymwysedig annibynol") 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(11) 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(12);

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

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

"maternity leave" ("seibiant mamolaeth") means leave under sections 71 and 73 of the Employment Rights Act 1996(13); and "ordinary maternity leave" ("seibiant mamolaeth arferol") and "additional maternity leave" ("seibiant mamolaeth ychwanegol") is construed accordingly;

"member-initiated early retirement" ("ymddeoliad cynnar ar archiad yr aelod") means retirement before normal retirement age under rule 5 of Part 3;

"nominated partner" ("partner enwebedig") has the meaning given by rule 1(6) of Part 2;

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

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

"paternity leave" ("seibiant tadolaeth") means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002(14);

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

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

"pension credit benefit" ("budd credyd pensiwn") has the meaning given by section 101B of the 1993 Act(15);

"pension credit member" ("aelod â chredyd pensiwn") has the meaning given by section 124(1) of the Pensions Act 1995(16);

"pension credit rights" ("hawliau credyd pensiwn") has the meaning given by section 101B of the 1993 Act;

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

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

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

"pensionable pay" ("tâl pensiynadwy") is construed in accordance with rule 1 of Part 11;

"pensionable retained or volunteer service" ("gwasanaeth pensiynadwy sy'n wasanaeth wrth gefn neu'n wasanaeth gwirfoddol") in relation to a retained or volunteer firefighter and any period, means the same proportion of whole-time service as that which the retained or volunteer firefighter's actual pensionable pay for that period bears to their reference pay for that period;

"pensionable service" ("gwasanaeth pensiynadwy") is construed in accordance with rules 2 to 5 of Part 10;

"pensioner" ("pensiynwr") except in the definition of "pensioner member" ("aelod-bensiynwr"), means a person who is in receipt of a pension;

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

"personal pension scheme" ("cynllun pensiwn personol") has the meaning given by section 1 of the 1993 Act;

"qualifying service" ("gwasanaeth cymhwysol") has the meaning given by rule 1 of Part 10;

"reference pay" ("tâl cyfeirio"), 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" ("cyflogaeth reolaidd") means employment for at least thirty hours a week on average over a period of not less than twelve consecutive months beginning with the date on which the issue of the person's capacity for employment arises;

"regular firefighter" ("diffoddwr tân rheolaidd") 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 the person 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 the person's role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting), and

(b)

otherwise than in a temporary capacity;

"retained firefighter" ("diffoddwr tân wrth gefn") and "volunteer firefighter" ("diffoddwr tân gwirfoddol") mean a person employed by an authority--

(a)

as a firefighter, but not as a regular firefighter,

(b)

(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 the person receives,

and "retained or volunteer firefighter" ("diffoddwr tân wrth gefn neu diffoddwr tân gwirfoddol") shall be construed accordingly;

"role" ("rol"), in relation to a firefighter, except in rule 1(1) of Part 2, means the role in which the firefighter 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(17);

"state pensionable age" ("oedran pensiwn y wladwriaeth") means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995(18);

"survivor's pension" ("pensiwn goroeswr") means a pension under rule 1 of Part 4;

"transfer value payment" ("taliad gwerth trosglwyddo") means a payment to another pension scheme or arrangement in respect of rights to benefits that have accrued to or in respect of a person 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.

(3) In this Scheme, a reference --

(a) in a Part to a numbered rule is to the rule bearing that number in that Part;

(b) in a rule to a numbered paragraph is to the paragraph bearing that number in that rule;

Disablement

3. --(1) References in this Scheme to a person being permanently disabled are references to that person being disabled at the time when the question arises for decision and to that person's 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 that member unable to perform any duties of the role in which that member was last employed;

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

(3) In determining whether a person's disablement is permanent, the authority must 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 the person's 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 the person becomes disabled cannot be ascertained,

the date must be taken to be that on which the claim that the person 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 a firefighter member of this Scheme--

(a) a person who on or after 6 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 6 April 2006,

(ii) having continued in such employment until the date of the member's 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 (Wales) Order 2007 refers (persons becoming members of the 1992 Scheme on taking up employment with an authority on or after 6 April 2006 and before that Order comes into force).

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

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

(4) A person is a pensioner member of this Scheme if the person is in receipt of a pension or other benefits under the Scheme in respect of that person's 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 that person is--

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

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

(d) the child of a person who is a member of the Scheme by virtue of any of paragraph (1)(a) or (b) whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004(19);or

(e) 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 person (a "nominated partner") who--

(a) has been living with the member, otherwise than as the member's 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 member's nominated partner, and

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

but this is subject to paragraph (8).

(7) In paragraph (6) --

(a) "long-term relationship" ("perthynas hirdymor") 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.

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

(9) A nomination ceases to have effect if the firefighter member or the nominated partner marries or enters into 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 a member of this Scheme, that member is a member of it in respect of each employment; but such person cannot be a member by virtue of any employment in respect of which that person 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) the member has at least three months' qualifying service; or

(b) a transfer value payment in respect of the member's rights under a personal pension scheme has been in accordance with Part 12; or

Normal retirement age and normal benefit age

3. --(1) The normal retirement age of firefighter members is sixty.

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

Last day of membership

4. --(1) Where a firefighter member leaves the Scheme, the firefighter member's last day of membership is taken to be--

(a) where the member leaves on retirement at normal retirement age, the member's last day of service; and

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

(2) Where a firefighter member is on unpaid leave or absent without permission on the day on which the member leaves the Scheme, the member's last day of membership is 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 the member's 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) the firefighter member's 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 is treated as if that person had never been a member of the Scheme.

(4) A person whose membership of the Scheme ceases as mentioned in paragraph (2)(b) remains entitled to any deferred benefits accrued while that person 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 forty 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 the person has undergone a medical examination, at that person's own expense, and satisfied them as to the person's good health.

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

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

(b) will 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 the firefighter member 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 that person's pensionable service by that person's final pensionable pay and dividing the resultant amount by sixty.

(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, that person's ordinary pension is to be calculated by multiplying that person's final pensionable pay by that person's pensionable retained or volunteer service and dividing the resultant amount by sixty.

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

Award on ill-health retirement

2. --(1) This rule applies to a firefighter member who leaves that firefighter member's employment by reason of permanent disablement(20) (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 that firefighter member 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 the person's 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 is to be calculated by multiplying the person's pensionable service by the person's final pensionable pay and dividing the resultant amount by sixty.

(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 that person was last employed written notice requesting early payment of the person's 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 must pay the deferred pension from the date of the person's disablement or, if that date cannot be ascertained, the date of that person's request for early payment.

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

(6) A person who instructs the authority to cancel that person's 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 the person to rejoin this Scheme, and

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

(2) Where an authority cancel a deferred pension, they must add to the pensionable service used for the calculation of the pension to which the person becomes entitled on leaving the employment, 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 that person is employed ("the employing authority"), that person 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 that person's pensionable service in accordance with rule 12 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 that person's fifty-fifth birthday, by written notice to the authority request early payment of that person's 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 is to be calculated by--

(a) multiplying the firefighter member's pensionable service by the firefighter member's final reference pay and dividing the resultant amount by sixty, 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 is to be calculated by--

(a) multiplying the firefighter member's pensionable retained or volunteer service by the firefighter member's final pensionable pay as determined in rule 2(6) of Part 11 and dividing the resultant amount by sixty, 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 aged at least fifty five but under normal retirement age should be retired from the authority's employment.

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

Entitlement to two pensions

7. --(1) Subject to paragraph (6), 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 the member's existing role, suffers a reduction in the amount of pensionable pay such that the amount to be taken into account in the calculation of the pension to which the member will be entitled at normal retirement age is less than it would otherwise have been,

is entitled to two pensions.

(2) The pensions are to be calculated as mentioned in paragraphs (3) and (4) and 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 the member by the final pensionable pay to which the member would have been entitled had the member retired on that day, and dividing the resultant amount by sixty.

(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 the member by the final pensionable pay to which the member is entitled on that day, and dividing the resultant amount by sixty.

(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 the member's case.

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

(7) The single award under paragraph (6) is to 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 sixty.

(8) If the member makes a contributions election, the member is entitled to a single pension, calculated as mentioned in paragraph (3); and that pension must be treated for the purposes of rule 3(4) to (6) and rule 4 as if it were a deferred pension to which the member 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 authority's employment but makes a contributions election before the firefighter member has accrued three months' qualifying service,

is entitled to a refund of the firefighter member's 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" ("cyfraniadau pensiwn cyfanredol") means all of the payments made by the member to the member's 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 is to be calculated by multiplying by twelve 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 the person 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 the person 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 must--

(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 --

(a) deferred pension,

(b) a pension on member-initiated early retirement,

(d) 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 must 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 the member is entitled under rule 1 of Part 6 and any increase under the Pensions (Increase) Act 1971(21), does not exceed the commutation limit specified for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)(22) the 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 must 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) below, and

(b) where the member is aged over 74, to paragraphs 16A to 16C of Schedule 28 to the Finance Act 2004(23),

allocate up to one-third of any pension to which the member 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 is to 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 that firefighter member 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 the firefighter member can be made without contravening section 214 of the Finance Act 2004 or, as the case may be, paragraphs 16A to 16C of Schedule 28 to that Act,

they must, as soon as reasonably practicable after receiving the member's notice of allocation, notify the member in writing that they have accepted the member's 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

the authority must, 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 must be made under paragraph (13) in respect of each allocation.

(13) The actuarial equivalent of an allocated portion must be calculated in accordance with tables prepared by the Scheme Actuary and in force when the notice of allocation takes effect; and the calculation must 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 must pay to the pensioner (distinguishing the portion of pension from any other pension payable to the pensioner) the portion of pension that the pensioner 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 is to 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 ("the survivor") for the survivor's life (a "survivor's pension").

(2) A survivor's pension is not payable if the survivor (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 survivor 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 is payable from the day after that on which the deceased died, and

(b) the authority must, 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) is treated as revoked and they must, 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) affects 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 the member would have been entitled under rule 2(3) of Part 3 had the member 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 the firefighter member or former firefighter member 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, is 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 is 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 the pension debit member's 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 is ascertained with regard to the terms of that order.

(4) In paragraphs (1) and (2), "the rule 2 amount" ("y swm rheol 2") 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 is 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 thirteen 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 the deceased died, the weekly rate of the deceased's pensionable pay when the deceased died;

(b) in any other case, the weekly rate of the deceased's pension or pensions (including any increase under the Pensions (Increase) Act 1971) when the deceased 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 partner

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 must 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 pension

6. Subject to rule 7, a child is eligible for a child pension if the child 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 the member dies; or

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

Child pension: limitations and duration

7. --(1) Subject to paragraphs (2) and (3), a child is not eligible if--

(a) the child is eighteen or older;

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

(2) A child aged eighteen or older but not more than twenty three is eligible if the child is in full-time education or attending a course of at least one year's duration.

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

(4) A child is not eligible if the child is convicted of the murder of the deceased 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 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 pension is payable from the day after that on which the deceased died, and

(b) the authority must, 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 pension,

the authority's decision under paragraph (5) is treated as revoked and they must, 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) affects 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 pension ceases to be payable--

(a) unless paragraph (2) or (3) applies, on the child's eighteenth 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 the child's twenty-third birthday or the day on which the child's full-time education or course ceases, whichever first occurs;

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

(ii) that the child 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 pension

8. --(1) The amount payable by way of a child 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 the member retired with the benefit of a higher tier ill-health award on the day after that on which the member 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 the member retired with the benefit of a higher tier ill-health award on the day after that on which the member died, divided by the number of eligible children;

(i) if there is one eligible child, one quarter of the pension to which the deceased was entitled on the day the deceased 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 the deceased 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 pension ("eligible child"),

the authority must, subject to paragraph (3), pay to the eligible child the amount referred to in paragraph (2) in respect of each of the thirteen 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 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) is divided equally between the eligible children; but--

(a) the authority must cease to pay a child's share as soon as that child's child pension ceases to be payable; and

(b) the authority must distribute the share to which the child would otherwise have been entitled equally amount the 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 thirteen week period"), the authority must, 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 thirteen week period, and

(b) the period beginning on the day after the survivor's death and ending on the day on which the child 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 thirteen 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) must be divided equally between the eligible children; but--

(a) the authority must cease to pay a child's share as soon as that child's child pension ceases to be payable; and

(b) the authority must distribute the share to which the child would otherwise have been entitled equally amount the 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 pension under rule 6,

the authority must pay to the child, for so long as the child 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) must be divided equally between the eligible children; but--

(a) the authority must cease to pay a child's share as soon as that child's child pension ceases to be payable; and

(b) the authority must distribute the share to which the child would otherwise have been entitled equally among the remaining eligible children.

Child pension in respect of pension debit member

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

Commutation of child 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 the child has none, the child's guardian or, if the child has none, the child if the child is over eighteen, 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 must 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 must 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 the deceased's death, expressed as an annual rate.

(3) Where--

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

(b) had the deceased 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 the deceased's death, expressed as an annual rate--

---

where

A is the amount of the deceased's pensionable pay on the deceased's last day of service that would have been used in the calculation of the deceased's 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 the deceased's pension under rule 7(4) of Part 3, and
E is the deceased's pensionable pay at the time of the deceased's 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 the deceased's period of service (whether or not the deceased was a whole-time firefighter member for part of that period), the amount of the death grant is the greater of --

(a) three times the deceased's pensionable pay at the time of the deceased's death (which, if the deceased 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

---

where --

F is the deceased's pensionable service,
G is the deceased's qualifying service, and
H is the pensionable pay that the deceased would have received if, throughout the deceased's period of service, the deceased 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 the deceased's death; and

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

the amount is whichever is the greatest of--

(i) three times the deceased's pensionable pay at the time of the deceased's 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 the deceased died, the deceased's pensionable pay for the purposes of this rule, subject to paragraph (8), must be taken to be the amount, expressed as an annual rate, of the pay appropriate to the deceased's role and conditioned hours on the last occasion that the deceased received it.

(7) In paragraph (6), "conditioned hours" ("oriau wedi'u pennu") means the number of hours that the deceased was required to work each week under the terms of the deceased's 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 (4) of that rule,

is 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 must 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 must 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 the pensioner's death, and

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

(2) Paragraphs (10) to (12) of rule 1 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 the member attains the age of sixty five, or

(b) if it is later, when the pension sharing order under which the member 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(24) (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 the pension credit member 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 must--

(a) reduce the pension by the commuted portion,

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

(i) the date on which the person 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 does 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 the pension credit member--

(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 authority),
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 the member's seventy-fifth 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 must 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, must be disregarded.

PART 7 RESERVISTS

Interpretation of Part 7

1. In this Part--

"the 1996 Act" ("Deddf 1996") means the Reserve Forces Act 1996(25);

"forces period" ("cyfnod yn y lluoedd") means the period during which a person undertakes relevant service in the reserve forces;

"former authority" ("cyn awdurdod"), in relation to a reservist, means the authority by which the reservist was employed immediately before the reservist's forces period began;

"qualifying injury" ("anaf cymhwysol") means an injury, received by a person in the performance of the person's duties as a firefighter, which is not wholly or mainly due to the person's own serious and culpable negligence or misconduct;

"relevant service in the reserve forces" ("gwasanaeth perthnasol yn y lluoedd wrth gefn") 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(26) or Part 7 of the 1996 Act; and

"reservist" ("person wrth gefn") 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 must be treated as having continued, throughout the reservist's forces period--

(a) to be a firefighter; and

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

(2) Where before a reservist's forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, the reservist's forces period is not reckonable as pensionable service unless the contributions payable in respect of it are paid (whether during the reservist's 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 Part 11--

(a) the pay that the reservist would have received from the reservist's former authority during the reservist's forces period must be regarded as the reservist's pay for that period (the reservist's "notional pay"); and

(b) in respect of any period during the reservist's forces period in which the aggregate of--

(i) the reservist's actual pay; and

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

is less than the reservist's notional pay for that first-mentioned period,

the reservist must be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions)(27).

Awards on death or permanent disablement

3. --(1) A reservist who, at the end of that reservist's forces period, is permanently disabled(28) for performing the duties of a firefighter by reason of an infirmity that--

(a) is unrelated to any injury received during the reservist's 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 the reservist's forces period;

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

an award is payable in accordance with paragraph (3) and (4).

(3) Where the reservist's death --

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

(b) occurs during the reservist's forces period,

a survivor's pension under Chapter 1 of Part 4 is payable to the reservist's 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 the reservist's forces period and is not the result of a qualifying injury --

(a) a child 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) paragraph (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 that reservist's former authority within one month of the end of the reservist's forces period must be treated as having left the authority's employment at the end of the reservist's forces period.

PART 8 DETERMINATION OF QUESTIONS AND APPEALS

Interpretation of Part 8

1. In this Part--

"IQMP" ("YMCA") means independent qualified medical practitioner; and

"rule 3 response" ("ymateb rheol 3") 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, must 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 the person 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 must obtain the written opinion of an IQMP selected by them.

(3) The IQMP must certify in the IQMP's opinion under paragraph (2)--

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

(b) that the IQMP 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) is binding on the authority unless it is superseded by the IQMP's 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 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 the IQMP,

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 fourteen days of making a decision or determination under this rule, the authority must--

(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 the person 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 2, within twenty eight days of the receipt by that person of that copy, and

(ii) in any other case, within twenty eight 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 the IQMP's opinion in the light of the new evidence,

the authority must send a copy of the new evidence to the IQMP and invite the IQMP to reconsider the IQMP's opinion.

(2) An IQMP's rule 3 response to an invitation under paragraph (1) must be in writing.

(3) An IQMP's rule 3 response is 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 must reconsider their decision.

(5) Within fourteen days of that reconsideration, the authority must--

(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 the person concerned with written notice of the revised decision, and

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 must, within fourteen 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, and

(c) a statement that, if the person wishes to appeal against the authority's decision on an issue of a medical nature, the person must give written notice to the authority, stating the person's name and address and the grounds of the person's appeal, not later than twenty eight days after the person receives the last of the documents required to be supplied to the person 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) the person's disagreement does not involve an issue of a medical nature,

the person may, by written notice given to the authority within twenty eight 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(29)(resolution of disputes) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996(30).

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 ten years, and

(b) is under state pensionable age,

the authority must consider, at such intervals as they think proper, whether the person has become capable--

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

(ii) of undertaking regular employment.

(2) The authority must, 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, that person's entitlement to that pension ceases with immediate effect.

(2) Subject to paragraph (3), a lower tier ill-health pension must 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 that person retired on grounds of ill-health, and

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

the person's entitlement to a lower tier ill-health pension ceases, with immediate effect, whether the person 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 that person's entitlement to early payment of the deferred pension ceases 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 that person's previous retained or volunteer service or, as the case may be, the person's previous regular service.

(3) An authority may abate a pension to which a person is entitled under Part 3 so long as that person 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),

must, as soon as reasonably practicable after accepting that offer, give notice in writing to each authority by which a pension is payable to that person under Part 3, specifying the name of that person's 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, is not entitled to early payment of the deferred pension before reaching the age of sixty five, 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, the offence was committed after the death on which the pensioner became entitled to it, or

(b) the pensioner has been convicted of an offence, committed in connection with that pensioner's 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(31) for which the pensioner has been sentenced, on the same occasion--

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

(ii) to two or more consecutive terms amounting in aggregate to at least ten 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 that person 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 the person 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 rule 4(2) 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 the person's 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 the person 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) the person 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 the person 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) the person remains a member of this Scheme (whether or not as an employee of the authority which made the award);

(e) if the person 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.

(2) The pensionable service of a firefighter member may not exceed forty five years.

(3) A person may not--

(a) buy additional service if that would increase that person's pensionable service to more than forty years by normal retirement age; or

(b) transfer service into the Scheme if the aggregate of--

(i) that service,

(ii) that person's prospective service to normal retirement age, and

(iii) any service already accrued in the Scheme,

would exceed forty years by normal retirement age.

(4) Any additional period of service purchased or in the process of being purchased under Part 11 is reckonable as pensionable service; but where only a portion of the pension contributions payable in respect of a period of additional service has been paid, only the equivalent portion of the period is reckonable as pensionable service.

(5) Subject to paragraph (6), an additional period of service purchased or in the process of being purchased under Part 11 is to be taken into account for the purposes of determining--

(a) the amount of pension payable to the firefighter member or to the firefighter member's survivors; and

(b) the amount of service a firefighter member has or may accrue in the Scheme.

(6) An additional period of service is not to be taken into account in assessing--

(a) the amount of the higher tier ill-health pension included in a higher tier ill-health award under Part 3; or

(b) the amount of a death grant under Part 5.

Non-reckonable service

3. The following periods are not reckonable as pensionable service--

(a) any period of unpaid leave, other than a period that is reckonable by virtue of rule 4 of this Part;

(b) any period of service that has been taken into account for the purposes of a pension under rule 3 of Part 3 (deferred pension) that has not been cancelled under rule 4 of that Part;

(c) any period of absence resulting from sickness or injury attributable to the person's misconduct which the authority determine should be unpaid leave;

(d) any period of additional maternity or adoption leave in respect of which the person entitled has declined to pay the required contributions; and

(e) any period of service that is pensionable service by virtue of any other provision of this Part.

Reckoning of unpaid period of absence

4. --(1) A firefighter member may reckon as pensionable service all or part of a period of absence without pay if the firefighter member elects to pay the pension contributions that the firefighter member and the firefighter member's employing authority would have paid in accordance with Part 11 in respect of that period if it had been a period of absence with pay.

(2) An election under paragraph (1) is to be made by written notice given to the employing authority not later than six months from the end of the period of unpaid leave for which contributions are due.

(3) An authority may pay the employer's pension contributions that would otherwise fall to be paid by the employee as a result of the firefighter member's election.

(4) Contributions falling to be paid by the employee under this rule must be paid within six months of the date on which the notice under paragraph (2) is given.

Reckoning of maternity, paternity and adoption leave, etc

5. --(1) A firefighter member is entitled to reckon as pensionable service any period of--

(a) paid maternity leave,

(b) unpaid ordinary maternity leave, and

(c) unpaid maternity leave in respect of which the firefighter member has paid pension contributions in accordance with rule 4 of Part 11.

(2) A firefighter member is entitled to reckon as pensionable service any period of--

(a) paternity leave,

(b) ordinary adoption leave,

(d) unpaid additional adoption leave in respect of which the member has paid pension contributions in accordance with rule 4 of Part 11.

(3) Where there is a period of pensionable service both before and after a period of maternity or adoption leave in respect of which a person is entitled to pay pension contributions but does not do so, those periods must be treated for the purposes of this Scheme as if they were continuous.

Calculation of pensionable service

6. --(1) Paragraphs (3) to (5) are subject to rule 2(2) and (3).

(2) For the purposes of paragraphs (3) and (4), a period which comprises three hundred and sixty five completed days including 29 February must be treated as a completed year.

(3) The pensionable service of a regular firefighter member must be calculated in accordance with the formula--

---

where--

A is the number of completed years in the period, and
B is the number of completed days in any remaining part of a year.

(4) The pensionable service of a part-time regular firefighter member must be calculated as a proportion of whole-time service by applying the formula--

---

where--

A is the person's weekly contractual hours,
B is the weekly whole-time equivalent conditioned hours, and
C is the period of the person's part-time service in years (calculated in accordance with the formula in paragraph (3), and with regard to paragraph (2)),

and in this paragraph "conditioned hours" ("oriau wedi'u pennu") means the number of hours that the person was required to work each week under the terms of that person's contract of employment.

(5) The pensionable service of a retained or volunteer firefighter for any year or part of a year of the firefighter's service must be assessed as a proportion of whole-time service in accordance with the formula--

---

where--

A is the actual pensionable pay received in that year, and
B is the retained or volunteer firefighter's reference pay for that year.

(6) Where, for the purpose of calculating an award payable to or in respect of a firefighter member--

(a) it is necessary to determine the firefighter member's pensionable service reckonable by reason of service or employment before or after a particular date ("the material date"), and

(b) by virtue of the receipt by an authority of a transfer value payment, the firefighter member is entitled to reckon a period of pensionable service ("the credited period") by reason of employment for a period ("the previous employment period") which includes that date,

the credited period counts as pensionable service reckonable by reason of employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

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

CHAPTER 1 PENSIONABLE PAY AND PENSION CONTRIBUTIONS

Pensionable pay

1. --(1) Subject to paragraph (3) and rule 3(3), the pensionable pay of a firefighter member is the aggregate of--

(a) the firefighter member's pay in relation to the performance of the duties of the firefighter member's role, other than any allowance or emoluments that are paid to the firefighter member on a temporary basis, and

(b) the firefighter member's permanent emoluments (including, in the case of a retained firefighter, any retaining allowance).

(2) Where a firefighter member surrenders the right to receive part of the firefighter member's pensionable pay in exchange for the provision by the firefighter member's employing authority of any non-cash benefit, the amount forgone must continue to be treated as part of the firefighter member's pensionable pay for all purposes of this Scheme (including determining pension contributions and calculating awards).

(3) A firefighter member's pensionable pay in any tax year must not be taken to include any amount in excess of the permitted maximum for that year.

(4) For the purposes of this rule and rule 2, the permitted maximum for a tax year is £108,600; but in relation to a tax year other than the tax year ending in 2007, this is subject to paragraph (5).

(5) Where the retail price index for the month of December in the tax year preceding the tax year in question is higher than it was for the previous December, the permitted maximum for the tax year in question shall be the amount arrived at --

(a) by increasing the permitted maximum for the previous tax year by the same percentage as the percentage increase in the retail prices index, and

(b) if the result is not a multiple of £600, by rounding it up to the nearest amount which is a multiple of £600.

Final pensionable pay

2. --(1) For the purpose of calculating pensions under this Scheme, the final pensionable pay of a firefighter member is the aggregate of pensionable pay received in respect of the three hundred and sixty five pensionable pay days ending with the relevant date, but this is subject to the following paragraphs of this rule.

(2) Subject to paragraph (3), "the relevant date" ("y dyddiad perthnasol") for the purposes of paragraph (1)--

(a) in relation to a firefighter member who is entitled to two pensions under rule 7 of Part 3, means--

(i) as regards the first pension, the date on which the firefighter member was last paid at the higher rate (before changing roles and accepting a reduction in pensionable pay);

(ii) as regards the second pension, the last day of the firefighter member's membership of the Scheme(32) or, if the firefighter member dies in service, the date of the firefighter member's death;

(b) in any other case, means the date of the firefighter member's last day of pensionable service or, if the firefighter member dies in service, the date of the firefighter member's death.

(3) Where a firefighter member's final pensionable pay would have been more than the amount calculated in accordance with paragraph (1) if the relevant date had occurred on the corresponding day in either of the two periods of three hundred and sixty five pensionable pay days preceding the first day of the period of three hundred and sixty five pensionable pay days ending with the relevant date (as defined in paragraph (2) without reference to this paragraph), that corresponding day in whichever of those periods produces the higher amount must be treated as the relevant date for the purposes of paragraph (1).

(4) Subject to paragraph (7), where a firefighter member is entitled to count only part of a year as a period of membership of the Scheme ("the membership period"), the firefighter member's final pensionable pay is the amount of pensionable pay received in the membership period multiplied by three hundred and sixty five and divided by the number of days in the membership period.

(5) For the purposes of paragraph (1), any reduction of pensionable pay as a result of--

(a) sick leave;

(b) stoppage of pay by way of punishment;

(d) paid additional maternity leave or additional adoption leave;

(e) unpaid periods in respect of which the firefighter member has paid pension contributions; or

(f) unpaid additional maternity leave or additional adoption leave in respect of which pension contributions have been paid, must be disregarded.

(6) The final reference pay of a retained or volunteer firefighter must be determined by reference to the equivalent whole-time rate of pay for a regular firefighter of similar service, role and experience.

(7) A firefighter member's final pensionable pay in any tax year is not to be taken to include any amount in excess of the figure which is the permitted maximum for that year.

Pension contributions

3. --(1) A firefighter member must pay pension contributions to the authority at the rate of 8.5 per cent. of the firefighter member's pensionable pay for the time being.

(2) The contributions payable under paragraph (1) may be deducted by the authority from each instalment of pensionable pay as it becomes due, but this is subject to any other method of payment that may be agreed between the authority and the member.

(3) For the purposes of this rule, the pensionable pay of a firefighter member during a period of maternity, paternity or adoption leave is the pay that the person receives for that period including the value of any statutory maternity, paternity or adoption pay under the Social Security Contributions and Benefits Act 1992(33).

Optional pension contributions during maternity and adoption leave

4. --(1) A firefighter member who--

(a) is on maternity or adoption leave, which would not otherwise count as pensionable service under rule 2 of Part 10; and

(b) who, for the whole or part of the leave period, is not entitled to receive pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits Act 1992),

may elect to pay pension contributions in respect of that leave period.

(2) The contributions must be calculated by applying rule 3 to the pensionable pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits Act 1992) received immediately before the start of the unpaid period in question.

(3) Subject to paragraph (6), an election must be made by giving written notice to the authority before the expiry of the period of thirty days (or such longer period as the authority may allow) beginning with--

(a) the day on which firefighter member returns to work, or

(b) if the firefighter member does not return to work after the leave period, the day the firefighter member ceases to be employed by the authority.

(4) On receipt of the notice, the authority must calculate the amount of contributions due and must give written notice of that amount to the person concerned.

(5) Where the full amount of contributions due has not been paid within six months of the date of the notice given under paragraph (4), the person concerned is entitled to reckon as pensionable service such proportion of the period in respect of which contributions were due as the amount of contributions paid bears to the total amount of contributions due.

(6) Where a person dies before the end of the period of thirty days referred to in paragraph (3) without having given the required notice--

(a) that person is deemed to have given the notice, and

(b) the authority--

(i) must give to the person's personal representatives a statement of the amount of contributions due; and

(ii) may collect the contributions by deducting their amount from the amount of the death grant payable under Part 5.

CHAPTER 2 PURCHASE OF ADDITIONAL SERVICE

Purchase of additional service

5. --(1) A person who satisfies the conditions specified in paragraph (2) may, in accordance with the following provisions of this Chapter, elect to purchase additional service for the purpose of securing increased benefits under this Scheme.

(2) The conditions are that the person--

(a) is a firefighter member of the Scheme,

(b) is not a pension credit member, and

(3) Additional service may be purchased as years or part of a year, but the aggregate of--

(a) the period purchased,

(b) the person's pensionable service up to the date of the purchase, and

must not exceed forty years.

(4) Additional service may be purchased--

(a) by payment of a lump sum calculated in accordance with tables provided by the Scheme Actuary; or

(b) subject to paragraphs (5) and (6), by deduction from the person's pensionable pay of periodical contributions of such percentage of that pay as are determined by the Scheme Actuary.

(5) An authority may permit a part-time regular firefighter to purchase additional service by periodical contributions at a rate that bears to the percentage determined by the Scheme Actuary the same proportion as that firefighter's pensionable pay bears to the pensionable pay of a full-time regular firefighter serving in the same role.

(6) An authority may permit a retained or volunteer firefighter to purchase additional service by periodical contributions; and in such a case they must calculate the amount of the contributions by applying the rate determined by the Scheme Actuary to the firefighter's reference pay.

Election to purchase additional service

6. --(1) An election to pay a lump sum--

(a) must be made by written notice given to the authority not later than twelve months after the date on which the person last became employed by the authority as a firefighter, and

(b) if the

Statutory Instruments

2007 No. 1072 (W.110)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Pension Scheme (Wales) Order 2007

Contents

Title, commencement and application

New pension scheme for firefighters in Wales

1992 scheme ceasing to have effect in Wales, with savings

Continuation of schemes for retained firefighters

SCHEDULE 1 THE NEW FIREFIGHTERS' PENSION SCHEME (WALES)

CONTENTS

PART 1 TITLE AND INTERPRETATION

Title

Interpretation

Disablement

PART 2 SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

Scheme membership

Eligibility conditions

Normal retirement age and normal benefit age

Last day of membership

Election not to make pension contributions

Rejoining the Scheme

PART 3 PERSONAL AWARDS

Ordinary pension

Award on ill-health retirement

Deferred pension

Cancellation of deferred pension

Pension on member-initiated early retirement

Pension on authority-initiated early retirement

Entitlement to two pensions

Refund of aggregate pension contributions

Commutation: general

Commutation: small pensions

Allocation of pension

Pension debit members

PART 4 SURVIVORS' PENSIONS

CHAPTER 1 SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS

Pensions for surviving spouses, civil partners and nominated partners

Amount of survivor's pension: general

Amount of survivor's pension: special cases

Bereavement pension: survivors

Commutation of pensions for surviving spouses, civil partners and nominated partner

CHAPTER 2 CHILDREN'S PENSIONS

Child pension

Child pension: limitations and duration

Amount of child pension

Bereavement pension: children

Pension for child where no survivor's pension paid

Child pension in respect of pension debit member

Commutation of child pension

PART 5 AWARDS ON DEATH

Death grant

Post-retirement death grant

PART 6 PENSION SHARING ON DIVORCE

Pension credit member's entitlement to pension

Commutation of whole of pension credit benefits

Commutation of part of pension credit benefits

Application of general rules

Post-retirement death grant: pension credit members

PART 7 RESERVISTS

Interpretation of Part 7

Continuity of employment

Awards on death or permanent disablement

Reservists who do not resume employment with their former authority

PART 8 DETERMINATION OF QUESTIONS AND APPEALS

Interpretation of Part 8

Determinations and decisions by fire and rescue authority

Review of medical opinion

Appeals against decisions based on medical advice

Appeals on other issues

PART 9 REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of ill-health pension

Consequences of review

Withdrawal of pension during service as firefighter

Withdrawal of early payment of deferred pension

Withdrawal of pension on conviction of certain offences

Forfeiture of award

PART 10 QUALIFYING SERVICE AND PENSIONABLE SERVICE

Qualifying service