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The Firefighters’ Compensation Scheme and Pension Scheme (England) (Amendment) Order 2015

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Amendment of Part 10 (payment of awards and financial provisions)

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9.—(1) Part 10 is amended as follows.

(2) In rule 3 (prevention of duplication)—

(a)in paragraph (1)(b), after “the 2006 Scheme”, insert “or the 2015 Scheme”;

(b)in paragraph (2)—

(i)in sub-paragraph (a), for “or rule 11 of the 2006 Scheme” substitute “, rule 11 of Part 3 of the 2006 Scheme or Chapter 6 of Part 5 of the 2014 Regulations”;

(ii)in sub-paragraph (b), after “2006 Scheme (pension credit member’s entitlement to pension)” insert, “or regulation 105 (entitlement to pension credit members’ pension) of the 2014 Regulations”;

(iii)in sub-paragraph (c), after “2006 Scheme (guaranteed minimum pensions)” insert, “or regulation 166 (guaranteed minimum pension) of the 2014 Regulations”;

(c)in paragraph (3) for “as the case may be, rule 4 of Part 14 of the 2006 Scheme” substitute “rule 4 of Part 14 of the 2006 Scheme, or regulation 8 (service in two or more scheme employments) and regulation 9 (application of Chapter 2 – Pensionable service) of the 2014 Regulations, as the case may be”;

(d)in paragraph (4)(a), at the end. insert—

(iii)under regulation 58 or 65 of the 2014 Regulations, a retirement pension or a lower tier ill-health pension or a higher tier ill-health pension, or.

(3) In rule 4 (prevention of duplication: other injury awards)—

(a)in paragraph (1), after the definition of “Part 8 award”, insert—

“regulation 65 award” means an entitlement to a lower tier ill-health pension or a higher tier ill-health pension under regulation 65 of the 2014 Regulations; and;

(b)in paragraph (2)(b)(i), after “a rule 2 award,”, insert “a regulation 65 award,”;

(c)in paragraphs (3) and (4), for “or, as the case may be, the rule 2 award”, in each place where the words occur, substitute “or the rule 2 award or the regulation 65 award, as the case may be,”.

(4) In rule 5(1) (prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters), after paragraph (3)(l), insert—

(m)a surviving partner’s pension under regulations 78, 79 or 80 of the 2014 Regulations,

(n)a surviving partner’s bereavement pension under regulation 81 of the 2014 Regulations,

(o)an eligible child’s pension under regulations 86, 87 or 88 of the 2014 Regulations,

(p)an eligible child’s bereavement pension under regulation 92 of the 2014 Regulations,

(q)a lump sum payable on death under regulations 96 and 97 of the 2014 Regulations..

(1)

Rule 5 was substituted by S.I. 2006/3434.

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