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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 9REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of injury pension

1.—(1) Where a person is in receipt of an injury pension, the fire and rescue authority shall, at such intervals as they think fit, consider whether the degree of his disablement has substantially altered; if they find that it has, the pension shall be reassessed accordingly.

(2) Where the authority, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall cease with immediate effect.

(3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the fire and rescue authority so resolve.

Reduction of award in case of default

2.—(1) Subject to paragraph (2), where a person —

(a)is permanently disabled, and

(b)has brought about or contributed to his infirmity by his own default,

the fire and rescue authority may reduce any injury award payable to him by them to not less than half its full amount.

(2) Where—

(a)a pension has been reduced under paragraph (1), and

(b)the amount of the reduced pension is less than that of the notional deferred pension —

(i)if the person is a member of the 1992 Scheme, on his 60th birthday,

(ii)if the person is a member of the 2007 Scheme, on his 65th birthday,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable under rule B5 of the 1992 Scheme(21) or rule 3 of Part 3 of the 2007 Scheme if the person had become entitled to one on the date of his ceasing to serve.

Withdrawal of pension during service as regular firefighter

3.  The fire and rescue authority by whom a pension under this Scheme is payable may withdraw the whole or any part of the pension, except a pension under Part 3 (awards on death: spouses and civil partners), for any period during which the person entitled to it is employed as a firefighter by any fire and rescue authority.

Withdrawal of pension on conviction of certain offences

4.—(1) n the circumstances specified in paragraph (2) the fire and rescue authority by whom a pension under this Scheme is payable may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

(2) The circumstances are—

(a)that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part 3, that the offence was committed after the death on which the pensioner became entitled to it, or

(b)that the pensioner has been convicted of an offence committed in connection with his service as an employee of a fire and rescue authority which is certified by the National Assembly for Wales either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a)an offence of treason, and

(b)one or more offences under the Official Secrets Acts 1911 to 1989(22) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) The fire and rescue authority may, to such extent as they at any time think fit—

(a)apply for the benefit of any dependant of the pensioner, or

(b)restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

Forfeiture of award

5.  A person who has been convicted of an offence under subsection (6) of section 34 of the Fire and Rescue Services Act 2004 (acts or omissions for purposes of obtaining awards or other sums), forfeits the whole or part of an award or sum obtained by him under this scheme, as the fire and rescue authority think fit.

(1)

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

(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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