The Firefighters' Compensation Scheme (Wales) Order 2007

Part 5

SCHEDULE 4 AWARDS ON DEATH: ADDITIONAL PROVISIONS

PART 1 ADULT DEPENDENT RELATIVE'S SPECIAL PENSION

1.  Subject to paragraphs 2 and 3, the amount of the pension—

(a) while a surviving spouse or civil partner is alive, is 20%, and

(b) in any other case, is 45%,

of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay.

2.—(1) For any week for which the total of—

(a) any spouse’s or civil partner’s special pension, and

(b) any child’s special allowance,

equals or exceeds the amount of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay for a week, no dependent relative’s special pension is payable.

(2) For any week for which the total of the special pension and—

(a) any surviving spouse’s or civil partner’s special pension, and

(b) any child’s special allowances,

would exceed the amount of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay for a week, the dependent relative’s special pension shall be reduced so that the total does not exceed that amount.

3.  Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay shall be calculated using the formula in paragraph 2 of Part 1 of Schedule 2.

PART 2 LUMP SUM IN LIEU OF CHILD'S ALLOWANCE

1.  The amount of the lump sum is such amount, not exceeding the permitted amount, as may be agreed between the fire and rescue authority and—

(a) a surviving parent or the child’s guardian, or

(b) if he has neither, the child himself.

2.  The permitted amount is the capitalised value of the amount commuted under rule 3 of Part 5, calculated in accordance with tables prepared from time to time by the Government Actuary.

(1)

2004 c. 21.

(2)

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 That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21).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.

(3)

S.I. 2007/1072 (W.110).

(4)

See rule G1.

(5)

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

(6)

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

(7)

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

(8)

1995 c. 26.

(9)

1975 c. 44.

(10)

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 Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.

(11)

1971 c. 56.

(12)

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

(13)

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

(14)

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

(15)

1951 c. 65.

(16)

1951 c. 65.

(17)

1975 c. 14.

(18)

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

(19)

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

(20)

1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6.

(21)

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

(22)

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

(23)

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

(24)

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.

(25)

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

(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)

1971 c. 56.