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The Firefighters' Compensation Scheme (Wales) Order 2007

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Part 5

SCHEDULE 4AWARDS ON DEATH: ADDITIONAL PROVISIONS

PART 1ADULT 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 2LUMP 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.

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