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The Firefighters' Pension Scheme (Wales) Order 2007

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Guaranteed minimum pensions, etc.

1.—(1) Subject to paragraph (8), paragraphs (2) to (5) of this rule apply where a member has an entitlement to a guaranteed minimum pension under section 14 of the 1993 Act (the member’s “guaranteed minimum”).

(2) If, apart from this rule—

(a)no pension would be payable to the member under this Scheme; or

(b)the weekly rate of the pension payable would be less than the member’s guaranteed minimum,

a pension, the weekly rate of which is equal to the member’s guaranteed minimum, is payable to the member for life from the date on which the member reaches state pensionable age.

(3) Subject to paragraph (4) if, when the member reaches state pensionable age—

(a)the member is still in employment which entitles the member to be a member of this Scheme (“scheme employment”); or

(b)where the member is not in scheme employment, the member consents to a postponement of the member’s entitlement under paragraph (2),

paragraph (2) does not apply until the member leaves employment.

(4) If the member—

(a)continues in employment for a further period of five years after reaching state pensionable age, and

(b)does not then leave it,

the member is entitled from the end of that period to so much of the member’s pension under this rule as equals the member’s guaranteed minimum, unless the member consents to a further postponement of the entitlement.

(5) Where paragraph (3) or (4) applies, the amount of the pension to which the member is entitled under this rule must be increased in accordance with section 15 of the 1993 Act.

(6) This paragraph applies where a person has ceased to be in employment that is contracted-out by reference to the Scheme, and either—

(a)all the person’s rights to benefits under the Scheme, except the person’s rights in respect of the person’s guaranteed minimum or the person’s rights under section 9(2B) of the 1993 Act(1) (“the person’s contracting-out rights”), have been transferred under Part 12, or

(b)the person has no rights to benefits under the Scheme apart from the person’s contracting-out rights.

(7) Subject to paragraph (8), where paragraph (6) applies—

(a)from the date on which the person reaches state pensionable age, the person is entitled to a pension payable for life at a weekly rate equal to the person’s guaranteed minimum, and

(b)from the date on which the person reaches normal retirement age the person is entitled to a lump sum and pension in respect of the person’s rights under section 9(2B) of the 1993 Act,

but a person falling within paragraph (6) is not to be regarded as a pensioner for the purposes of Part 5 (awards on death).

(8) This rule does not apply if—

(a)any part of the person’s pension is withdrawn permanently under rule 5 of Part 9 following the person’s conviction of an offence of a description specified in paragraph (3) of that rule (treason and certain offences under the Official Secrets Acts 1911 to 1989); or

(b)the pension is commuted under rule 10 of Part 3 (commutation: small pensions).

(1)

Subsection (2B) was inserted by section 136(3) of Pensions Act 1995 c. 26.

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