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The Firefighters’ Compensation Scheme and Pension Scheme (Wales) (Amendment) Order 2015

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Amendment of Part 10 (payment of awards and financial provisions)

9.—(1) Part 10 is amended as follows.

(2) In rule 3 (prevention of duplication)—

(a)in paragraph (1)(b), after “the 2007 Scheme” insert “or the 2015 Scheme”;

(b)in paragraph (2)—

(i)in sub-paragraph (a), for “or rule 11 of the 2007 Scheme” substitute “, rule 11 of Part 3 of the 2007 Scheme or Chapter 6 of Part 5 of the 2015 Regulations”;

(ii)in sub-paragraph (b), after “2007 Scheme (pension credit member’s entitlement to pension)” insert “or regulation 114 (entitlement to pension credit members’ pension) of the 2015 Regulations”; and

(iii)in sub-paragraph (c), after “2007 Scheme (guaranteed minimum pensions)” insert “or regulation 175 (guaranteed minimum pension) of the 2015 Regulations”;

(c)in paragraph (3), for “as the case may be, rule 4 of Part 14 of the 2007 Scheme” substitute “rule 4 of Part 14 of the 2007 Scheme, or regulation 17 (service in two or more scheme employments) and regulation 18 (application of Chapter 2 – Pensionable service) of the 2015 Regulations, as the case may be”; and

(d)in paragraph (4)(a), at the end insert—

(m)under regulation 67 or 74 of the 2015 Regulations, a retirement pension or a lower tier ill-health pension or a higher tier ill-health pension, or.

(3) In rule 4 (prevention of duplication: other injury awards)—

(a)in paragraph (1), at the appropriate place insert—

“regulation 74 award” means an entitlement to a lower tier ill-health pension or a higher tier ill-health pension under regulation 74 of the 2015 Regulations;;

(b)in paragraph (2)(b)(i), after “a rule 2 award,” insert “a regulation 74 award,”;

(c)in paragraphs (3) and (4), for “or, as the case may be, the rule 2 award”, in each place where the words occur, substitute “or the rule 2 award or the regulation 74 award, as the case may be,”.

(4) In rule 5 (prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters), after paragraph (3)(l) insert—

(m)a surviving partner’s pension under regulations 87, 88 or 89 of the 2015 Regulations,

(n)a surviving partner’s bereavement pension under regulation 90 of the 2015 Regulations,

(o)an eligible child’s pension under regulations 95, 96 or 97 of the 2015 Regulations,

(p)an eligible child’s bereavement pension under regulation 101 of the 2015 Regulations,

(q)a lump sum payable on death under regulations 105 and 106 of the 2015 Regulations.

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