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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 8SPECIAL CASES

Award for or in relation to employee who is not a regular or retained firefighter

1.—(1) This rule applies where a person who is an employee of a fire and rescue authority but is not a firefighter suffers an injury, without his own default—

(a)while in attendance at a fire, and

(b)in the execution of his duties as an employee of the authority.

(2) If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

(3) If the person dies from the effects of the injury, either before or after retiring from that employment, the fire and rescue authority may, subject to paragraph (4)—

(a)grant such pension and gratuity as they think fit to any surviving spouse or civil partner, and

(b)grant such allowance as they think fit to any child.

(4) The total of—

(a)any benefit under this rule, and

(b)any relevant additional benefit payable to the recipient,

must not exceed the appropriate amount.

(5) An additional benefit is any payment of whatever nature made—

(a)by the fire and rescue authority otherwise than under this rule, or

(b)by any other local authority, or

(c)by a Minister of the Crown,

except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975(19); and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

(6) Subject to paragraph (6A), the appropriate amount is—

(a)for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule 1 of Part 2,

(b)for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule 1 of Part 3, and

(c)for an allowance under paragraph (3)(b), that of the special allowance under rule 1 of Part 4,

which would have been payable on the required assumptions.

(6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula —

where —

  • A is the amount that would have been calculated as mentioned in sub-paragraph (a), (b) or (c) of paragraph (6) (as the case may be) if the person had been a whole-time employee of a fire and rescue authority;

  • B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;

  • C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time employment and the denominator is the number of contractual hours for one year of whole-time employment; and

  • D is the period in years of his pensionable service.

(7) The required assumptions are—

(a)in every case, that the person was employed in the role of firefighter,

(b)where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part 1 of Schedule 1 (reduction of injury pension on account of certain other pensions) did not apply, and

(c)where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.

Award for or in relation to a retained or volunteer firefighter

2.—(1) This paragraph applies to a person—

(a)who was employed by a fire and rescue authority immediately before 6 April 2006 as a retained firefighter or volunteer firefighter, and

(b)has retired, and

(c)is permanently disabled,

if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the 1992 Scheme or the 2007 Scheme that is then in payment.

(3) Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the 1992 Scheme(20) or rule 9 of Part 3 of the 2007 Scheme (commutation: general) or rule 11 of that Part (allocation of pension) shall apply in relation to the awards to which, by virtue of paragraph (2) above, he is entitled.

(4) Subject to paragraph (4A), a person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (illhealth awards) of the 1992 Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) of the 1992 Scheme or, if he has become a member of the 2007 Scheme, rule 9 or 11 of Part 3 of the 2007 Scheme, rule 1 of Part 9 of that Scheme (review of ill-health pension) and rule 2 of that Part (consequences of review) apply accordingly in relation to the awards to which he is thus entitled.

(4A) In the case of a person who has become a member of the 2007 Scheme, the award under rule B3 of the 1992 Scheme shall be reduced by the amount of any award to which the person is entitled under rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement).

(5) This paragraph applies where —

(a)a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury, and

(b)he has at any time before 6 April 2006 been employed by a fire and rescue authority as a retained or volunteer firefighter.

(6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.

(7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s or civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

(8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.

(9) Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 4 of Part 5 (lump sum in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.

(10) The regular firefighter mentioned in paragraph (2), (4), (6) or (8) is one who is a wholetime employee of a fire and rescue authority and—

(a)was employed in the same role as the retained or volunteer firefighter and had the same service in that role,

(b)was entitled to reckon as pensionable service a period equal to the retained or volunteer member’s service as such, and

(c)in respect of any service before 1 April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.

Employees other than regular firefighters: supplementary

3.—(1) Part 1 applies for the interpretation of rules 1 and 2.

(2) Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2 of this Part.

(2)

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

(4)

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.

(6)

See rule G1.

(7)

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

(8)

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

(9)

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

(12)

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

(14)

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

(15)

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

(16)

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

(20)

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

(21)

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

(23)

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

(24)

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

(25)

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

(26)

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.

(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.

(32)

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

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