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The Firefighters' Pension Scheme (Wales) Order 2007

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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.

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