The Firefighters' Pension Scheme (Wales) Order 2007

ANNEX 1 ILL-HEALTH PENSIONS

1.—(1) Except in a case to which sub-paragraph (2) applies, the annual amount of the lower tier ill-health pension to which a person is entitled on ill-health retirement must be calculated by multiplying the person’s pensionable service by the person’s final pensionable pay and dividing the resultant amount by sixty.

(2) Where a person is subject to ill-health retirement, the annual amount of that person’s lower tier ill-health pension must be calculated by multiplying that person’s pensionable service by that person’s reference pay and dividing the resultant amount by sixty.

(3) For the purposes of sub-paragraph (2) the pensionable service of a firefighter is the same proportion of whole-time service as that which the firefighter’s actual annual pensionable pay bears to the firefighter’s reference pay.

2.  The annual amount of the higher tier ill-health pension of a whole-time firefighter must be calculated in accordance with the formula—

where—

• A is the pensionable service accrued in the Scheme before the whole-time firefighter’s ill-health retirement,

• B is—

  (a)

  the pensionable service that the whole-time firefighter would have accrued from the date of the whole-time firefighter’s ill-health retirement until the whole-time firefighter’s normal retirement age had the whole-time firefighter continued to be a contributing member of the Scheme (the whole-time firefighter’s “prospective service”); or

  (b)

  if the aggregate of the whole-time firefighter’s actual pensionable service and the whole-time firefighter’s prospective service is more than forty years, the difference between forty years and the whole-time firefighter’s actual pensionable service, and

• C is the whole-time firefighter’s final pensionable pay.

3.  The annual amount of the higher tier ill-health pension of a member who—

(a) is or has been a part-time employee, or

(b) is a retained or volunteer firefighter,

must be calculated in accordance with the formula—

where—

• A is the pensionable service accrued in the Scheme before the member’s ill-health retirement,

• B is the member’s qualifying service,

• C is the pensionable service that the member would have accrued from the date of the member’s ill-health retirement until the member’s normal retirement age had the member continued to be a contributing member of the Scheme as a whole-time employee, and

• D—

  (i)

  in the case of a part-time firefighter, is the final pensionable pay that the member would have received if the member had been a whole-time employee throughout the member’s period of employment;

  (ii)

  in the case of a retained or volunteer firefighter, is the firefighter’s final reference pay.