Gorchymyn Cynllun Digolledu’r Diffoddwyr Tân (Cymru) (Diwygio) 2014

Diwygiadau i Ran 1 (darpariaethau cyffredinol)

1.—( 1) Mae Rhan 1 wedi ei diwygio fel a ganlyn.

(2) Yn rheol 2(1) (dehongli)—

(a) yn lle’r diffiniad o “pensionable pay” rhodder—

““pensionable pay”—

(a)

in relation to a person who is a member of the 1992 Scheme, is to be construed in accordance with rule G1 of that Scheme;

(b)

in relation to a person who is a member of the 2007 Scheme, is to be construed in accordance with rule 1 of Part 11 of that Scheme; and

(c)

in the case of a person who is not a member of either scheme, is to be construed in accordance with rule 11 of this Part;”;

(b) yn y man priodol mewnosoder—

““relevant service”, except in rule 1 of Part 7 (servicemen) and rule 1 of Part 7A (reservists), means service which either was, or would, but for an election under rule G3 of the 1992 Scheme or rule 5 of Part 2 of the 2007 Scheme or a failure to elect under rule G2A of the 1992 Scheme or rule 4 of Part 11 of the 2007 Scheme, have been reckonable as pensionable service;”;

(c) yn lle’r diffiniadau o “retained firefighter” a “retained or volunteer firefighter” rhodder—

““retained firefighter” means a person who is employed by an authority—

(a)

as a retained firefighter, but not as a regular firefighter or a volunteer firefighter,

(b)

on terms under which the person is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to their role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that the person receives;”;

(d) yn y man priodol mewnosoder—

““volunteer firefighter” means a person who is employed by an authority—

(a)

as a volunteer firefighter but not as a regular firefighter or a retained firefighter,

(b)

on terms under which the person is, or may be, required to engage in fire-fighting or may be required to perform other duties appropriate to their role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that the person receives; ”.

(3) Yn rheol 3—

(a) yn lle’r pennawd rhodder—

“Exclusive application to regular and retained firefighters”;

(b) ym mharagraff (1) yn lle “regular firefighters” rhodder “regular and retained firefighters”;

(c) ym mharagraff (2) yn lle “regular firefighter” rhodder “regular or retained firefighter”.

(4) Yn rheol 6 (cyfrif gwasanaeth at ddiben dyfarnu)—

(a) ym mharagraff (2) yn lle “regular firefighter” rhodder “regular or retained firefighter”;

(b) ym mharagraff (3)—

(i) yn lle “retained or volunteer firefighter” rhodder “volunteer firefighter”;

(ii) hepgorer “and Part 2 of Schedule 2”;

(iii) ar ôl “any period of service” mewnosoder “as a retained firefighter or”; a

(iv) yn lle “pensionable service” rhodder “relevant service”.

(5) Yn rheol 7 (anaf cymwys)

(a) ym mharagraff (1)—

(i) yn is-baragraff (b) hepgorer “retained or”; a

(ii) yn lle “regular firefighter” rhodder “regular or retained firefighter”;

(b) ym mharagraff (3) hepgorer y geiriau—

(i) “and paragraph (4) of rule 3 of Part 10”; a

(ii) “retained or”.

(6) Ar ôl rheol 10 (dyddiad effeithiol yr ymddeoliad), mewnosoder—

“Determining pensionable pay in certain cases

11.— (1) Where an award is to be calculated in respect of a person who is not, or was not, a member of the 1992 Scheme or the 2007 Scheme, the definition of “pensionable pay” is to be construed in accordance with—

(a) rule G1 of the 1992 Scheme in the case of a person who elected not to pay pension contributions under rule G3 of that Scheme;

(b) rule 1 of Part 11 of the 2007 Scheme in the case of a person who elected not to pay pension contributions under rule 5 of Part 2 of that Scheme; and

(c) rule 1 of Part 11 of the 2007 Scheme where an election had been made at different times under both schemes.

(2) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 1992 Scheme, the award must be calculated on the basis of the pay which would have been the person’s average pensionable pay if the person had not made an election.

(3) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 2007 Scheme, the award must be calculated on the basis of the pay which would have been the person’s final pensionable pay if the person had not made an election.

(4) For the purposes of calculating a retained firefighter’s pensionable pay (whether or note that person is or was a member of the 2007 Scheme), a fire and rescue authority must determine the period of the person’s service from their records.

(5) Where an authority are not able to determine the period of the person’s service from their records, the person, or any other person entitled to an award under this Scheme, may provide the authority with documents to assist them to determine the person’s period of service.

(6) Where an authority are not able to determine the period of the person’s service and the authority do not hold records of that person’s pay for that period, and the necessary documents cannot be provided in accordance with paragraph (5), the authority may estimate the person’s pensionable pay for that period from the records which they hold and may in particular make the estimate on the basis of the average of recent pay data for retained firefighters at the same station or stations as that at which the person was based for the relevant period.”