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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 3AWARDS ON DEATH: SPOUSES AND CIVIL PARTNERS

Special award for spouse or civil partner

1.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner.

(2) Subject to rules 3, 4 and 6 the surviving spouse or civil partner is entitled—

(a)to a special pension calculated in accordance with Part 1 of Schedule 2, and

(b)subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay or, as the case may be his final pensionable pay and the greater of—

(a)as regards a surviving spouse—

(i)his average pensionable pay or, as the case may be, his final pensionable pay, and

(ii)two and a quarter times the amount of the pension that would have been payable under rule B3 of the 1992 Scheme or rule 2 of Part 3 of the 2007 Scheme (ill-health award) if on the date of his death he had retired on the ground of permanent disablement;

(b)as regards a surviving civil partner—

(i)his average pensionable pay or, as the case may be, his final pensionable pay; and

(ii)two and a quarter times such amount as bears to the amount of the pension referred to in sub-paragraph (a)(ii) to which he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5 April 1988 bears to the whole of his pensionable service.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay.

(5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a)if it was of the same or a larger amount, no gratuity is payable under this rule, and

(b)if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

Augmented award for spouse or civil partner

2.—(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner, and one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a)that the injury was received in the execution of duties performed, in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, for the immediate purpose of saving the life of another person or of preventing loss of human life, or

(b)that the fire and rescue authority are of the opinion that the preceding condition may be satisfied and that this rule should apply, or

(c)that the fire and rescue authority are of the opinion that the injury was received in such circumstances that it would be inequitable if this rule were not to apply.

(3) Where this rule applies, rule 1 of this Part applies with the modifications set out in paragraphs (4) and (5) below.

(4) For the purpose of calculating the special pension, Part 1 of Schedule 2 has effect with the substitution for “45%” of “50%”.

(5) Unless they produce a more favourable result, paragraphs (3) to (5) of rule 1 do not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter employed in the role of firefighter by a fire and rescue authority and entitled to reckon 30 years' service for the purposes of pay.

Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership

3.—(1) A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

(2) A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.

(3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased’s surviving spouse, the same proportion that the deceased’s service after 5 April 1988 bears to the whole of his pensionable service.

Limitation where spouse or civil partner is living apart

4.—(1) Subject to paragraph (1A), a surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under rule 1 or 2 of this Part.

(1A) Paragraph (1) does not apply to a person —

(a)who is a member of the 2007 Scheme, or

(b)who first takes up employment with a fire and rescue authority on or after 6 April 2006 and is entitled to be a member of that Scheme, but elects not to pay pension contributions.

(2) Except where paragraph (3) applies, a surviving spouse or civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated—

(a)in the case of a surviving spouse, in accordance with Part V of Schedule 3 to the 1992 Scheme; and

(b)in the case of a surviving civil partner, in accordance with that Part subject to the substitution, in paragraphs 1 and 3, of “5 April 1988” for “5 April 1978”.

(3) Where—

(a)the surviving spouse or civil partner would, but for paragraph (1), be entitled to an award under rule 1 or 2, and

(b)at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse or civil partner is entitled to a pension of the appropriate amount.

(4) Relevant contributions are contributions paid or payable—

(a)for the support of the spouse or civil partner, or

(b)to the spouse or civil partner for the support of a child of the spouse or civil partner,

the amount of which exceeds that of the pension that would otherwise be payable under paragraph (2).

(5) The appropriate amount is the lesser of—

(a)the amount of a pension calculated in accordance with rule 1 or 2, and

(b)the amount of the relevant contributions.

(6) The fire and rescue authority may determine that, for such period as they think fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as they think fit.

(7) Where, but for paragraph (1), the surviving spouse or civil partner would be entitled to a gratuity, the fire and rescue authority may decide that the gratuity be paid in whole or part, as they think fit.

Effect of new relationship

5.—(1) Subject to paragraph (3), a person entitled to a pension under this Part who marries, remarries, forms a civil partnership or a subsequent civil partnership is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage or civil partnership is dissolved or the other party to it dies, the fire and rescue authority may pay the whole or any part of the pension for such period after the dissolution or death as they think fit.

(2) Subject to paragraph (3), where a person entitled to a gratuity under this Part marries, remarries, forms a civil partnership or a subsequent civil partnership, any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage or civil partnership is dissolved or the other party to it dies the fire and rescue authority may pay the person the whole or any part of the outstanding amount.

(3) Paragraph (1) and (2) do not apply to a person —

(a)who is a member of the 2007 Scheme, or

(b)who first takes up employment with a fire and rescue authority on or after 6 April 2006 and is entitled to be a member of that Scheme, but elects not to pay pension contributions.

Amount of survivor’s pension: special cases

6.—(1) This rule applies in relation to a person —

(a)who is a member of the New Firefighters' Pension Scheme (Wales)(14) on the day on which he dies; or

(b)in respect of whom an election under rule 5(1) of Part 2 of the 2007 Scheme not to make pension contributions has effect on that day.

(2) Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.

(3) Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.

(4) In paragraphs (2) and (3), “the Schedule 2 amount” means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.

(5) For the purposes of paragraph (2), a part of a year shall be treated as a whole year.

(6) References in this rule to rule 1 include references to that rule as applied by rule 2(3).

(1)

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

(3)

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.

(5)

See rule G1.

(6)

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

(7)

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

(8)

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

(11)

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

(13)

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

(14)

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

(15)

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

(19)

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

(20)

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

(22)

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

(23)

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

(24)

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

(25)

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.

(26)

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

(27)

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

(28)

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

(29)

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

(30)

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

(31)

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

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