3. In Part 3 (awards on death: spouses and civil partners)—
(a)in rule 1 (special award for spouse or civil partner)—
(i)in paragraph (2), for “3 and 4”, substitute “3, 4 and 6”;
(ii)in paragraph (3)—
(aa)after “average pensionable pay” (in each place), insert “or, as the case may be, his final pensionable pay”, and
(bb)in sub-paragraph (a) (ii), for “the Pension Scheme”, substitute “the Firefighters’ Pension Scheme or article 12 of the New Firefighters’ Pension Scheme”; and
(iii)in paragraph (4) after “average pensionable pay”, insert “or, as the case may be, his final pensionable pay”;
(b)in rule 4 (limitation where spouse or civil partner is living apart)—
(i)in paragraph (1), for “A”, substitute, “Subject to paragraph (1A), a”;
(ii)after paragraph (1), insert—
“(1A) Paragraph (1) does not apply to a person—
(a)who is a member of the New Firefighters’ Pension Scheme, or
(b)who first takes up employment with the Board on or after 6th April 2006 and is entitled to be a member of that Scheme, but elects not to pay pension contributions;” and
(iii)in paragraph (2) (a) for “the Pension Scheme”, substitute “the Firefighters’ Pension Scheme”;
(c)in rule 5 (effect of new relationship)—
(i)in paragraph (1), for “A” substitute “Subject to paragraph (3), a”;
(ii)in paragraph (2), for “Where”, substitute “Subject to paragraph (3) where”; and
(iii)after paragraph (2) add—
“(3) Paragraphs (1) and (2) do not apply to a person—
(a)who is a member of the New Firefighters Pension Scheme
(b)who first takes up employment with the Board on or after 6th April 2006 and is entitled to be a member of that Scheme, but elects not to pay pension contributions”; and
(d)after rule 5 insert—
6.—(1) This rule applies in relation to a person—
(a)who is a member of the New Firefighters’ Pension Scheme on the day on which he dies; or
(b)in respect of whom an election under rule 5(1) of Part 2 not to make pension contributions has effect on that day.
(2) Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.
(3) Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.
(4) In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.
(5) For the purposes of paragraph (2), a part of a year shall be treated as a whole year.
(6) References in this rule to rule 1 include references to that rule as applied by rule 2(3).”