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The Firefighters' Compensation Scheme (Wales) Order 2007

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SCHEDULE 2AWARDS FOR SPOUSES AND CIVIL PARTNERS

PART 2AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE 1992 SCHEME BUT NOT A MEMBER OF THE 2007 SCHEME

1.—(1) Where the surviving spouse of a person who—

(a)was a member of the 1992 Scheme, but

(b)was not a member of the 2007 Scheme,

would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme (spouse’s ordinary pension) in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme has effect—

(a)as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.  The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.

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