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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 7SERVICEMEN

Interpretation of Part 7

1.—(1) This Part applies to a person who —

(a)immediately before undertaking relevant service in the armed forces, was employed by a fire and rescue authority as a regular firefighter, and

(b)ceased to be so employed at any time before 6 April 2006,

and in this Part such a person is referred to as a serviceman.

(2) For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the armed forces are references to—

(a)service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(16) (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule; and

(b)service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Awards to servicemen

2.—(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), rule B3 of the 1992 Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under rule A15 of the 1992 Scheme (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire and rescue authority may—

(a)pay him, instead of an ill-health gratuity under rule B3(2)(b) of the 1992 Scheme, a pension at the rate of 1/12th of his average pensionable pay, and

(b)subject to paragraph (4), increase any such pension or any ill-health pension payable under the 1992 Scheme or the 2007 Scheme.

(4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

Awards on death of servicemen

3.—(1) This rule applies in the case of a serviceman who—

(a)dies during his forces period, or

(b)was permanently disabled at the end of his forces period, has not since been a regular firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the fire and rescue authority may—

(a)pay the surviving spouse or civil partner, instead of a gratuity under rule C7(2)(b) of the 1992 Scheme, a pension of the appropriate amount, and

(b)subject to paragraph (4), increase any such pension and any pension or child’s allowance payable under rule C1 or D1 of the 1992 Scheme.

(3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in rule E9(7) and (8) of the 1992 Scheme (flat-rate awards).

(4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).

Servicemen who resume service as regular firefighters

4.  Paragraphs (3) and (4) of rule 2 or, as the case may be, paragraphs (2) to (4) of rule 3 shall apply in relation to a serviceman who, having sustained an injury during his forces period and resumed service as a regular firefighter—

(a)is permanently disabled, or

(b)dies, whether or not while serving as a regular firefighter,

as they apply in relation to servicemen to whom rule 2 or, as the case may be, rule 3 applies.

(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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