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

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

4.—(1) The Firefighters’ Compensation Scheme (Wales) Order 2007(1) is amended as follows.

(2) In article 4 (transitional provision: decisions and determinations made before 1 April 2006)—

(a)in paragraph (1), after “disablement” insert “or death”;

(b)in paragraph (2), after “1 April 2006,” insert “subject to the amendments made by paragraphs (3) and (4)”; and

(c)after paragraph (2) insert—

(3) Omit rule C9 (effect of a new relationship).

(4) Where entitlement to a pension or any part of a gratuity under this Part was removed by virtue of rule C9 prior to 1 April 2015, entitlement to the pension or part of gratuity is reinstated with effect from 1 April 2015 and the pension or part of gratuity becomes payable as from that date.

(5) Nothing in paragraph (4) requires the making of any payment where the person to whom the payment would otherwise have been made has died prior to 1 April 2015.

(6) Where a payment is required to be made under paragraph (4) in respect of a person who has died between 1 April 2015 and 1 June 2018, the amount due must be paid to that person’s personal representatives.

(3) In Schedule 1, in Part 3 (awards on death: spouses and civil partners)—

(a)omit rule 5 (effect of new relationship); and

(b)after rule 5, insert—

Reinstatement of entitlement to pension and gratuity

5A.(1) The revocation of rule 5 of this Part by the Firefighters’ Pension Schemes and Compensation Scheme (Wales) (Amendment) Order 2018 has the effect of reinstating entitlement to a pension or any part of a gratuity under this Part which was removed by virtue of paragraph (1) or (2) prior to 1 April 2015, with effect from and payable as from that date.

(2) Nothing in paragraph (1) requires the making of any payment where the person to whom the payment would otherwise have been made has died prior to 1 April 2015.

(3) Where a payment is required to be made under paragraph (1) in respect of a person who has died between 1 April 2015 and 1 June 2018, the amount due must be paid to that person’s personal representatives.

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