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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 1GENERAL PROVISIONS

Title and commencement

1.—(1) The title of this Scheme is the Firefighters' Compensation Scheme (Wales) 2007.

(2) With the exception of rule 3 of Part 2 (compensation for death or permanent incapacity while on duty), the provisions of this Scheme have effect from 1 April 2006.

(3) Rule 3 of Part 2 has effect from 1 April 2000.

Interpretation

2.—(1) In this Scheme—

“the 2004 Act” means the Fire and Rescue Services Act 2004(11);

“amount”, in relation to a pension or allowance, means its annual amount;

“the 1992 Scheme” means the Firefighter’s Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(12);

“the 2007 Scheme” means the New Firefighters' Pension Scheme (Wales), set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007(13);

“average pensionable pay” has the same meaning as in the 1992 Scheme(14);

“award” means a pension, allowance or gratuity under this Scheme;

“child”, in relation to a person who has died, means—

(a)

a legitimate or illegitimate child, step-child or adopted child of his, and

(b)

any other child who was substantially dependent on him and either is related to him or is the child of his spouse or civil partner;

and “parent” shall be construed accordingly;

“disabled”, “disablement” and “permanent disablement” shall be construed in accordance with rule 8 of Part 1;

“final pensionable pay” shall be construed in accordance with rule 2 of Chapter 1 of Part 11 of the 2007 Scheme;

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004(15);

“full-time vocational training” means training of at least one year’s duration for a trade, profession or calling where that training is undertaken on a full-time basis;

“independent qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(16) or an equivalent institution of an EEA State; and for the purposes of this definition “competent authority” has the same meaning as in the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(17);

“injury” includes disease;

“normal benefit age” has the meaning given by rule 3(2) of Part 2 of the 2007 Scheme;

“normal pension age”, in relation to employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in fire-fighting, means 55;

“pension”, unless otherwise stated, means a pension under this Scheme;

“pensionable pay” —

(a)

in relation to the 1992 Scheme, shall be construed in accordance with rule G1 of that Scheme

(b)

in relation to the 2007 Scheme, shall be construed in accordance with rule 1 of Part 11 of that Scheme;

“pensionable retained service”, in relation to a retained or volunteer firefighter, means the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay;

“pensionable service” —

(a)

in relation to the 1992 Scheme, shall be construed in accordance with rule F1 of that Scheme;

(b)

in relation to the 2007 Scheme, shall be construed in accordance with rule 2 to 5 of Part 10 of that Scheme;

“qualifying injury” shall be construed in accordance with rule 7 of Part 1;

“reference pay”, in relation to the pensionable pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;

“regular firefighter” means a person who is employed—

(a)

by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, and

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

“retained firefighter” and “retained or volunteer firefighter” mean a person employed by an authority —

(a)

as a firefighter, but not as a regular firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (where instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;

“retire” shall be construed in accordance with rule 10 of Part 1;

“state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995(18); and

“surviving spouse” means a widow or widower.

(2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Exclusive application to regular firefighters

3.—(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than section 34 of the 2004 Act and the Social Security Act 1975(19).

(2) In paragraph (1) “pension provision” means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a regular firefighter.

(3) A person who is not an employee of a fire and rescue authority but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Application to temporary employment connected with fire services

4.—(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered temporary employment.

(2) For the purposes of this rule temporary employment is employment, on duties connected with the provision of fire and rescue services—

(a)as an instructor at the central training institution or any training centre maintained by the Secretary of State or the National Assembly for Wales, or

(b)as an inspector, assistant inspector or other officer appointed under section 28 of the 2004 Act, or

(c)in pursuance of arrangements made by the Secretary of State in connection with the training in fire-fighting of members of the armed forces of the Crown, or

(d)in pursuance of arrangements made by the Secretary of State, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

(3) Where this rule applies the person’s temporary employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority; and this Scheme applies in relation to the temporary employment as if—

(a)he were, and his duties were duties as, a regular firefighter,

(b)his pay and role were the same as they would have been had he not ceased to perform duties as a regular firefighter or, where section 10 of the Fire Services Act 1959(20) applies, the same as his pay and role as an employee of a fire and rescue authority,

(c)any reference to employment with a fire and rescue authority were a reference to the temporary employment, and

(d)any reference to a fire and rescue authority were a reference to the Secretary of State or the National Assembly for Wales, as the case may be.

Application to permanent employment as instructor

5.—(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered permanent employment.

(2) For the purposes of this rule permanent employment is employment, on duties connected with the provision of fire and rescue services, as an instructor at the central training institution or any training centre maintained by the Secretary of State or the National Assembly for Wales.

(3) Where this rule applies the person’s permanent employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority and this Scheme applies in relation to the permanent employment as if—

(a)he were, and his duties were duties as, a regular firefighter, and

(b)any reference to a fire and rescue authority were a reference to the Secretary of State or the National Assembly for Wales, as the case may be.

Reckoning of service for purposes of awards

6.—(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of an employee of a fire and rescue authority by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as—

where—

  • A is the number of completed years in the period, and

  • B is the number of completed days in any remaining part of a year,

  • and a part of a year which includes 29 February in a leap year and comprises 365 days shall be treated as a whole year.

(2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter—

(a)it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date (“the material date”), and

(b)by virtue of the receipt by a fire and rescue authority of a transfer value, he is entitled to reckon a period of pensionable service (“the credited period”) by reason of service or employment for a period (“the previous employment period”) which includes that date,

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

(3) Subject to rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter) and Part 2 of Schedule 2, any period of service as a part-time employee of a fire and rescue authority shall be treated as service as a whole-time employee of a fire and rescue authority when calculating a person’s pensionable service.

Qualifying injury

7.—(1) Except in—

(a)rule 3 of Part 2 (compensation for death or permanent incapacity while on duty),

(b)rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter), and

(c)paragraphs (2) and (3) of rule 1 of Part 10 (authorities responsible for payment of awards), and

(d)rule 3 of Part 10 (prevention of duplication),

references in this Scheme to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a regular firefighter.

(2) In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of his duties as a regular, retained or volunteer firefighter.

(3) In rule 2 of Part 8 and paragraph (4) of rule 3 of Part 10, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a retained or volunteer firefighter.

(4) In paragraphs (2) and (3) of rule 1 of Part 10 and paragraph (5) of rule 3 of that Part, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a firefighter.

(5) For the purposes of this Scheme an injury shall be treated as having been received by a person without his default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Disablement

8.—(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

(2) In determining whether a disablement is permanent, a fire and rescue authority shall have regard to whether the disablement will continue until the person’s normal pension age.

(3) Subject to paragraph (4), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that, in relation to a child, it means incapacity, so occasioned, to earn a living.

(4) Where it is necessary to determine the degree of a person’s disablement, it shall be determined by reference to the degree to which his earning capacity has been affected as a result of a qualifying injury.

(5) Where, as a result of a qualifying injury, a person is receiving in-patient treatment at a hospital, he shall be treated as being totally disabled.

(6) Where—

(a)a person has retired before becoming disabled, and

(b)the date on which he becomes disabled cannot be ascertained,

it shall be taken to be the date on which the claim that he is disabled is first made known to the fire and rescue authority.

Death or infirmity resulting from qualifying injury

9.—(1) Except for the purposes of rule 3 of Part 2, a person shall be taken to have died from the effects of a qualifying injury if it appears that, had he not suffered that injury, he would not have died when he did.

(2) Except for the purposes of rule 3 of Part 2, in the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person’s death.

Effective date of retirement

10.  For the purposes of this Scheme an employee of a fire and rescue authority shall be taken to retire immediately after his last day of service.

(2)

S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.

(4)

See rule G1.

(5)

2004 c. 21; see section 1 of the Act.

(6)

The Faculty of Occupational Medicine is a registered charity no. 1035415.

(7)

S.I. 2003/1250; the definition of “competent authority” is in Schedule 1.

(10)

1959 c. 44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(12)

S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.

(14)

See rule G1.

(15)

2004 c. 21; see section 1 of the Act.

(16)

The Faculty of Occupational Medicine is a registered charity no. 1035415.

(17)

S.I. 2003/1250; the definition of “competent authority” is in Schedule 1.

(20)

1959 c. 44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(22)

2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.

(23)

Set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)).

(24)

2004 c. 12. As to “lump sum death benefit rule”, see section 168 and Part 2 of Schedule 29 to, that Act.

(28)

Rules B7, B9 and B10 are amended by S.I. 2007/1074 (W.112).

(29)

Rule B5 was amended by S.I. 2006/1672, Sch. 1 para 15.

(31)

Rule B9 of the 1992 Scheme was amended by S.I. 2006/1672 Sch. 1 para 19 and Sch. 2 para 2(b)(i)

(32)

Rule IA1 was inserted by S.I. 2001/3691.

(33)

Rule JI was amended by S.I. 2006/1672, Sch. 1 para 66 and Sch. 2 para 21.

(34)

1975 c. 14, amended, as respects the provisions mentioned in this paragraph by the Social Security Pensions Act 1975 (c. 60),section 18(1) and Schedule 4, Part I; by the Child Benefit Act 1975 (c. 61), Schedules 4 and 5; by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), sections 5 and 22 and Schedule 2; by the Social Security Act 1979 (c. 18), Schedules 1 and 3; by the Social Security Act 1980 (c. 30), Schedules 1 and 5; by the Social Security (No. 2) Act 1980 (c. 39), section 3; by the Social Security and Housing Benefits Act 1982 (c. 24), section 39, Schedule 2, Schedule 4 Part I and Schedule 5; and by the Social Security Act 1986 (c. 50), Schedule 3.

(35)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(36)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(37)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(38)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(39)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(40)

Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

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