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The Firefighters’ Pension Schemes and Compensation Scheme (Wales) (Amendment) Order 2018

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Amendment of the Firefighters’ Pension Scheme (Wales) Order 2007

3.—(1) Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007(1) is amended as follows.

(2) In the Table of Contents, in the headings to Chapter 1 of Part 4 and rules 1 and 5 of that Chapter, for “nominated partners” substitute “cohabiting partners”.

(3) In Part 1 (title and interpretation), in rule 2(1) (interpretation)—

(a)in the definition of “child”, in paragraph (a)(iii), for “nominated partner” substitute “cohabiting partner”;

(b)omit the definition of “nominated partner”; and

(c)in the appropriate place insert—

“cohabiting partner” (“partner sy’n cyd-fyw”) has the meaning given by rule 1(6) of Part 2;.

(4) In Part 2 (scheme membership, cessation and retirement), in rule 1 (scheme membership)—

(a)in paragraph (5)(b), for “nominated partner” substitute “cohabiting partner”;

(b)for paragraph (6) substitute—

(6) For the purposes of paragraph (5), the cohabiting partner of a firefighter member, deferred member or pensioner member (referred to in this paragraph as “the scheme member”) is a person who—

(a)is living with the scheme member as if that person and the scheme member were spouses or civil partners; and

(b)at the date on which the question of the cohabiting partner’s status in relation to the scheme member falls to be considered—

(i)is not the spouse or civil partner of any person,

(ii)could enter into a marriage or a civil partnership with the scheme member under the law of England and Wales,

(iii)is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and

(iv)is in a long-term relationship with the scheme member.;

(c)omit paragraph (7)(b);

(d)omit paragraphs (8) and (9).

(5) In Part 3 (personal awards), in rule 11(2)(a) (allocation of pension), for “nominated partner” substitute “cohabiting partner”.

(6) In Chapter 1 of Part 4 (survivors’ pensions)—

(a)in the Chapter heading and in the heading to rule 1, for “nominated partners” substitute “cohabiting partners”;

(b)in rule 1, in the closing words of paragraph (1), for “nominated partner” substitute “cohabiting partner”;

(c)in the heading to rule 5, for “nominated partner” substitute “cohabiting partners”.

(7) In Part 7 (reservists), in rule 3 (awards on death or permanent disablement), in the closing words of paragraph (3), for “nominated partner” substitute “cohabiting partner”.

(8) In Part 11 (pensionable pay, pension contributions and purchase of additional service)—

(a)in rule 1 (pensionable pay)—

(i)in paragraphs (7) and (8), for “paragraph 33 of Schedule 2” substitute “paragraph 32 of Schedule 2”;

(ii)in paragraph (8), for “paragraph 33(4) of Schedule 2” substitute “paragraph 32(4) of Schedule 2”; and

(iii)in paragraph (9), for “paragraph 33(3) of Schedule 2” substitute “paragraph 32(3) of Schedule 2”;

(b)in rule 2 (final pensionable pay), in paragraph (2A)(b), for “paragraph 33(4) of Schedule 2” substitute “paragraph 32(4) of Schedule 2”.

(9) In Part 15, omit rules 5(3) and 6(3).

(1)

S.I. 2007/1072 (W. 110); relevant amendments were made by S.I. 2015/1016 (W. 71).

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