The Firefighters’ Pension Scheme (Wales) (Transitional and Consequential Provisions) Regulations 2015

6.  In Part 6 (death benefits)— E+W

(a) in Chapter 1 (interpretation), in regulation 86 (meaning of “initial period”), for “For the purposes of this Part” substitute “For the purposes of these Regulations”;

(b) in Chapter 2 (pensions for surviving partners)—

(i) in paragraph (3) of regulation 87 (surviving partner’s pension payable on death of active member) for “Subject to regulation 91 (reduction in pensions in cases of wide age disparity)” substitute “Subject to paragraph (4) and regulation 91 (reduction of pensions in cases of wide age disparity)”;

(ii) after paragraph (3) of regulation 87 insert—

“(4) Where the member referred to in paragraph (1) was a transition member who had additional pension benefit under rule 7A or 7B of Part 3 of the NFPS or additional pension benefit under rule B5B or B5C of the 1992 Scheme, half the amount of additional pension benefit is added to the amount of the annual rate of the surviving partner’s pension referred to in paragraph (3).”;

(iii) at the beginning of paragraph (2) of regulation 95 (eligible child’s pension on death of active member) insert “Subject to paragraph (3)”, and after that paragraph insert—

“(3) Where the member referred to in paragraph (1) was a transition member who had additional pension benefit under rule 7A or 7B of Part 3 of the NFPS or additional pension benefit under rule B5B or B5C of the 1992 Scheme, the amount of the additional pension benefit is added to the amount of the higher tier ill-health pension referred to in paragraph (2).”;

(c) in Chapter 4 (lump sum death benefits), after paragraph (4) in regulation 102 (meaning of “final pay”) insert—

“(5) Where the member referred to in paragraph (1) is a transition member and was in pensionable service under the 1992 Scheme or the NFPS, as the case may be, during the period referred to in paragraph (1)(a) or (1)(b) and service from that scheme is included in the qualifying service for the pension account in respect of which the lump sum death benefit is paid—

(a) pensionable pay in paragraph (1)(a) or (1)(b) includes average pensionable pay construed in accordance with rule G1 where the person was a member of the 1992 Scheme or pensionable pay under rule 1 or rule 2 of Part 11 of the NFPS where the person was a firefighter or special firefighter member of the NFPS, and

(b) pensionable service includes pensionable service construed in accordance with rule F1 where the person was a member of the 1992 Scheme or pensionable service construed in accordance with rules 2 to 5 of Part 10 of the NFPS.”;

(d) after paragraph (3) of regulation 105 (lump sum payable on death of active member) insert—

“(4) Where the active member’s account in respect of which the lump sum death benefit will be paid included pensionable service reckonable under rule F1 of the 1992 Scheme as qualifying service and a dependent relative’s gratuity has been paid under rule E3 of the 1992 Scheme or the payment of the balance of contributions to estate has been paid under rule E4 of the 1992 Scheme, those amounts must be deducted from the amount of lump sum death benefit payable under this regulation.”

Commencement Information

I1 Sch. 1 para. 6 in force at 1.4.2015, see reg. 1(2)