The Firefighters' Compensation Scheme (Scotland) Order 2006

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"the Pension Scheme" means the Scheme set out in Schedule 2 to the Firemen's Pension Scheme Order 1992[2].

New compensation scheme for firefighters
     2. —(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by a fire and rescue authority) shall have effect; and the corresponding provisions of the Pension Scheme shall cease to have effect.

    (2) The corresponding provisions of the Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 2 to this Order.

General transitional provision
     3. —(1) Where–

(a) a provision of the Compensation Scheme ("the new provision") re-enacts a provision of the Pension Scheme ("the old provision") with any modification; and

(b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than the person would have been in if the old provision had continued to have effect,

he or she may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if the old provision had been re-enacted without modification.

    (2) Notice under paragraph (1) must be given not later than 30th September 2006.

    (3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 6th April 2006, ceased to be a member of the fire and rescue service or died.

Transitional provision: decisions and determinations made before 1st April 2006
     4. —(1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule A9 of the Pension Scheme) has been made before 6th April 2006.

    (2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 6th April 2006, shall continue to have effect in relation to such a person.


GEORGE LYON
Authorised to sign by Scottish Ministers

St Andrew's House, Edinburgh
8th June 2006

"the 2004 Act" means the Fire and Rescue Services Act 2004[3];

"the 2005 Act" means the Fire (Scotland) Act 2005;

"amount", in relation to a pension or allowance, means its annual amount;

"average pensionable pay" has the same meaning as in the Pension Scheme[4];

"award" means a pension, allowance or gratuity under this Scheme;

"child", in relation to a person who has died, means–

(a) a legitimate or illegitimate child, step-child or adopted child of that person; and

(b) any other child who was substantially dependent on that person and either is related to that person or is the child of that person's spouse or civil partner;

and "parent" shall be construed accordingly;

"disabled", "disablement" and "permanent disablement" shall be construed in accordance with rule 8 of Part 1;

"fire and rescue authority" means a fire and rescue authority under the Fire (Scotland) Act 2005[5];

"full-time vocational training" means training of at least one year's duration for a trade, profession or calling where that training is undertaken on a full-time basis;

"independent qualified medical practitioner" means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine[6] or an equivalent institution of an EEA State; and for the purposes of this definition "a competent authority" has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[7];

"injury" includes disease;

"normal pension age", in relation to employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in fire-fighting, means 55;

"pension", unless otherwise stated, means a pension under this Scheme;

"Pension Scheme" means the Firemen's Pension Scheme 1992[8];

"pensionable pay" and "pensionable service" have the same meaning as in the Pension Scheme[9];

"qualifying injury" shall be construed in accordance with rule 7 of Part 1;

"regular firefighter" means a person who is employed–

(a) by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter; and

(b) on terms under which that 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 that person's role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

"retained firefighter" means a member of the fire and rescue service who is obliged to attend–

(a) at the station to which he or she is attached for training, development and maintenance duties for an average of two hours each week and, promptly, at any time, in response to a call; and

(b) at any incident or other occurrence, or at any other station for standby duties during his or her period of availability;

"retire" shall be construed in accordance with rule 10 of Part 1;

"state pensionable age" means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995[10];

"surviving spouse" means a widow or widower; and

"volunteer firefighter" means a member of the fire and rescue service who–

(a) is obliged to attend at the station to which he or she is attached for training, development and maintenance duties for an average of two hours each week and, promptly, at any time, in response to a call; and

(b) receives no retaining or other fee in respect of those duties.

    (2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Exclusive application to regular firefighters
     3. —(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than section 34 of the 2004 Act and the Social Security Act 1975[11].

    (2) In paragraph (1) "pension provision" means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a regular firefighter.

    (3) A person who is not an employee of a fire and rescue authority but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Application to temporary employment connected with fire services
     4. —(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered temporary employment.

    (2) For the purposes of this rule temporary employment is employment, on duties connected with the provision of fire and rescue services–

(a) as an instructor at the central training institution or any training centre maintained by the Scottish Ministers;

(b) as an inspector, assistant inspector or other officer appointed under section 43 of the 2005 Act;

(c) in pursuance of arrangements made by the Scottish Ministers in connection with the training in fire-fighting of members of the armed forces of the Crown; or

(d) in pursuance of arrangements made by the Scottish Ministers, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

    (3) Where this rule applies the person's temporary employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority; and this Scheme applies in relation to the temporary employment as if–

(a) that person were, and that person's duties were duties as, a regular firefighter;

(b) that person's pay and role were the same as they would have been had that person not ceased to perform duties as a regular firefighter or, where section 10 of the Fire Services Act 1959[12] applies, the same as that person's pay and role as an employee of a fire and rescue authority;

(c) any reference to employment with a fire and rescue authority were a reference to the temporary employment; and

(d) any reference to a fire and rescue authority were a reference to the Scottish Ministers.

Application to permanent employment as instructor
     5. —(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered permanent employment.

    (2) For the purposes of this rule permanent employment is employment, on duties connected with the provision of fire and rescue services, as an instructor at the central training institution or any training centre maintained by the Scottish Ministers.

    (3) Where this rule applies the person's permanent employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority and this Scheme applies in relation to the permanent employment as if–

(a) that person were, and that person's duties were duties as, a regular firefighter; and

(b) any reference to a fire and rescue authority were a reference to the Scottish Ministers.

Reckoning of service for purposes of awards
     6. —(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of an employee of a fire and rescue authority by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as–

A is the number of completed years in the period; and

B is the number of completed days in any remaining part of a year,

and a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

    (2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter–

(a) it is necessary to determine the regular firefighter's pensionable service reckonable by reason of service or employment before or after a particular date ("the material date"); and

(b) by virtue of the receipt by a fire and rescue authority of a transfer value, the regular firefighter is entitled to reckon a period of pensionable service ("the credited period") by reason of service or employment for a period ("the previous employment period") which includes that date,

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

    (3) Subject to rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter) and Part 2 of Schedule 2 to Part 3, any period of service as a part-time employee of a fire and rescue authority shall be treated as service as a whole-time employee of a fire and rescue authority when calculating a person's pensionable service.

Qualifying injury
     7. —(1) Except in–

(a) rule 3 of Part 2 (compensation for death or permanent incapacity while on duty);

(b) rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter);

(c) paragraphs (2) and (3) of rule 1 of Part 10 (authorities responsible for payment of awards); and

(d) rule 3 of Part 10 (prevention of duplication),

references in this Scheme to a qualifying injury are references to an injury received by a person, without that person's own default, in the exercise of that person's duties as a regular firefighter.

    (2) In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of that person's duties as a regular, retained or volunteer firefighter.

    (3) In rule 2 of Part 8 and paragraph (4) of rule 3 of Part 10, references to a qualifying injury are references to an injury received by a person, without that person's own default, in the exercise of that person's duties as a retained or volunteer firefighter.

    (4) In paragraphs (2) and (3) of rule 1 of Part 10 and paragraph (4) of rule 3 of that Part, references to a qualifying injury are references to an injury received by a person, without that person's own default, in the exercise of that person's duties as a regular or retained firefighter.

    (5) For the purposes of this Scheme an injury shall be treated as having been received by a person without that person's default unless the injury is wholly or mainly due to that person's own serious and culpable negligence or misconduct.

Disablement
     8. —(1) References in this Scheme to a person's being permanently disabled are references to that person being disabled at the time when the question arises for decision and to that person's disablement being at that time likely to be permanent.

    (2) In determining whether a disablement is permanent, a fire and rescue authority shall have regard to whether the disablement will continue until the person's normal pension age.

    (3) Subject to paragraph (4), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that, in relation to a child, it means incapacity, so occasioned, to earn a living.

    (4) Where it is necessary to determine the degree of a person's disablement, it shall be determined by reference to the degree to which that person's earning capacity has been affected as a result of a qualifying injury.

    (5) Where, as a result of a qualifying injury, a person is receiving in-patient treatment at a hospital, that person shall be treated as being totally disabled.

    (6) Where–

(a) a person has retired before becoming disabled; and

(b) the date on which the person becomes disabled cannot be ascertained,

it shall be taken to be the date on which the claim that that person is disabled is first made known to the fire and rescue authority.

Death or infirmity resulting from qualifying injury
     9. —(1) Except for the purposes of rule 3 of Part 2, a person shall be taken to have died from the effects of a qualifying injury if it appears that, had that person not suffered that injury, that person would not have died when that person did.

    (2) Except for the purposes of rule 3 of Part 2, in the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person's death.

Effective date of retirement
     10. For the purposes of this Scheme an employee of a fire and rescue authority shall be taken to retire immediately after that employee's last day of service.

(a) any pension under rule 1 payable to a person who has attained state pensionable age;

(b) any pension to which the person is entitled under rule N2 of the Pension Scheme (pension credit member's entitlement to pension); and

(c) any increase under the Pensions (Increase) Act 1971[13],

does not exceed the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)[14], the fire and rescue authority may commute the pension for a lump sum.

    (2) The amount of a lump sum under this rule is the actuarial equivalent calculated from tables prepared by the Government Actuary.

    (3) If the fire and rescue authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased's aggregate pension contributions.

Lump sum in lieu of surviving spouse's or civil partner's pension
     3. —(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act 1971, does not exceed the commutation limit specified for the purposes of Part 1 of Schedule 29 to the Finance Act 2004[15] (lump sum rule), the fire and rescue authority may commute the pension for a lump sum.

    (2) Where–

(a) a surviving spouse or civil partner is entitled to a pension under rule 1 of Part 3;

(b) the fire and rescue authority are satisfied that there are sufficient reasons;

(c) the surviving spouse or civil partner consents; and

(d) the deceased spouse or civil partner died before the deceased spouse or civil partner's 75th birthday,

the fire and rescue authority may commute the pension for a lump sum.

    (3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.

    (4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Gratuity in lieu of child's special allowance
     4. —(1) Where–

(a) a child is entitled to a special allowance under rule 1 of Part 4;

(b) the fire and rescue authority are satisfied that there are sufficient reasons; and

(c) a surviving parent or the child's guardian, or if the child has neither, the child himself, consents,

the fire and rescue authority may commute for a gratuity the allowance or so much of it as may be commuted without contravening rule E7 of the Pension Scheme (limitation on discretion to commute pension or allowance for a gratuity).

    (2) A gratuity under this rule shall be calculated in accordance with Part 2 of Schedule 4 to this Part.

Increase of pensions and allowances during first 13 weeks
     5. —(1) Paragraphs (2) to (4) apply to an award under rule 1 of Part 3 (special award for spouse or civil partner) ("survivor's pension") where the deceased died–

(a) while serving as a regular firefighter, or

(b) while in receipt of a pension.

    (2) For each of the first 13 weeks for which it is payable the survivor's pension shall, if necessary, be increased so that the total of–

(a) the survivor's pension; and

(b) any children's allowances payable under this Scheme or the Pension Scheme,

is not less than the appropriate amount.

    (3) The appropriate amount is–

(a) where paragraph (1)(a) applies, the deceased's pensionable pay for a week; or

(b) where paragraph (1)(b) applies, the weekly amount of the deceased's pension together with any increase in it under the Pensions (Increase) Act 1971,

immediately before the death.

    (4) For the purposes of paragraph (3)(b)–

(a) any reduction in the deceased's pension under paragraph 3 of Part 1 of Schedule 1 (reduction related to additional benefits) or under Part VIII of Schedule 2 to the Pension Scheme (reduction related to uprating of widows' pensions) shall be disregarded; and

(b) where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased's pension shall be construed as a reference to the aggregate weekly amount of both the pensions.

    (5) Paragraphs (6) and (7) apply to a child's special allowance under this Scheme and a child's ordinary or accrued allowance under the Pension Scheme where the deceased died as mentioned in paragraph (1) and–

(a) there is no surviving spouse or civil partner; or

(b) a surviving spouse or civil partner did not become entitled to a pension which was payable for a continuous period of 13 weeks.

    (6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall, if necessary, be increased–

(a) so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4); or

(b) where two or more allowances are payable, so that the amount paid in respect of each of them is not less than that appropriate amount divided by the number of allowances.

    (7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the Pension Scheme is payable to a surviving spouse or civil partner.

(a) service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951[16] ("the 1951 Act"), other than service specified in paragraph 5(b) of that Schedule; and

(b) service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Awards to servicemen
     2. —(1) This rule applies to a serviceman who, at the end of the serviceman's forces period, is permanently disabled.

    (2) Subject to paragraph (3), rule B3 of the Pension Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if the serviceman had been required to retire under rule A15 of the Pension Scheme (compulsory retirement on grounds of disablement) at the end of the serviceman's forces period.

    (3) Where the infirmity that occasioned the serviceman's incapacity for the performance of duty was occasioned by an injury received during the serviceman's forces period or by a qualifying injury the fire and rescue authority may–

(a) pay the serviceman, instead of an ill-health gratuity under rule B3(2)(b) of the Pension Scheme, a pension at the rate of 1/12th of the serviceman's average pensionable pay, and

(b) subject to paragraph (4), increase any such pension.

    (4) Paragraph 1 of Schedule 6 to this Part has effect for limiting increases under paragraph (3)(b).

Awards on death of servicemen
     3. —(1) This rule applies in the case of a serviceman who–

(a) dies during the serviceman's forces period; or

(b) was permanently disabled at the end of the serviceman's forces period, has not since been a regular firefighter, and dies either from the effects of an injury that occasioned the serviceman's incapacity for the performance of duty or while in receipt of a pension.

    (2) If the serviceman dies from the effects of an injury received during the serviceman's forces period or a qualifying injury the fire and rescue authority may–

(a) pay the surviving spouse or civil partner, instead of a gratuity under rule C7(2)(b) of the Pension Scheme, a pension of the appropriate amount; and

(b) subject to paragraph (4), increase any such pension and any pension or child's allowance payable under rule C1 or D1 of the Pension Scheme.

    (3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in rule E9(7) and (8) of the Pension Scheme (flat-rate awards).

    (4) Paragraphs 2 and 3 of Schedule 6 to this Part have effect for limiting increases under paragraph (2)(b).

Servicemen who resume service as regular firefighters
     4. —(1) Paragraphs (3) and (4) of rule 2 or, as the case may be, paragraphs (2) to (4) of rule 3 shall apply in relation to a serviceman who, having sustained an injury during the serviceman's forces period and resumed service as a regular firefighter–

(a) is permanently disabled; or

(b) dies, whether or not while serving as a regular firefighter,

as they apply in relation to servicemen to whom rule 2 or, as the case may be, rule 3 applies.

except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975[17]; and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

    (6) The appropriate amount is–

(a) for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule 1 of Part 2;

(b) for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule 1 of Part 3; and

(c) for an allowance under paragraph (3)(b), that of the special allowance under rule 1 of Part 4,

which would have been payable on the required assumptions.

    (7) The required assumptions are–

(a) in every case, that the person was employed in the role of firefighter;

(b) where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part 1 of Schedule 1 to Part 2 (reduction of injury pension on account of certain other pensions) did not apply; and

(c) where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.

Award for or in relation to a retained or volunteer firefighter
     2. —(1) This paragraph applies to a person–

(a) who was employed by a fire and rescue authority as a retained firefighter or volunteer firefighter;

(b) has retired; and

(c) is permanently disabled,

if the infirmity that occasioned the person's incapacity for the performance of duty was occasioned by a qualifying injury.

    (2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below.

    (3) Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the Pension Scheme[18] shall apply in relation to the awards to which, by virtue of paragraph (2) above, the person is entitled.

    (4) A person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (ill-health awards) of the Pension Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) apply accordingly in relation to the awards to which the person is thus entitled.

    (5) This paragraph applies where a person who is or has been employed by a fire and rescue authority as a retained firefighter or who is or has been a volunteer firefighter dies from the effects–

(a) of a qualifying injury; or

(b) of infirmity of mind or body occasioned by a qualifying injury.

    (6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse's or civil partner's special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.

    (7) Rules 3, 4 and 5 of Part 3 (limitation with reference to date of marriage or formation of civil partnership and where spouses or civil partners living apart, and effect of new relationship),rule 3 of Part 5 (gratuity in lieu of surviving spouse's or civil partner's pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

    (8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child's special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.

    (9) Rule 3 of Part 4 (child's special allowance or gratuity: limitations), rule 3 of Part 5 (gratuity in lieu of child's special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.

    (10) The regular firefighter mentioned in paragraphs (2), (4) (6) or (8) is one who is a whole-time employee of a fire and rescue authority and–

(a) was employed in the same role as the retained or volunteer firefighter and had the same service in that role;

(b) was entitled to reckon as pensionable service a period equal to the retained or volunteer member's service as such; and

(c) in respect of any service before 1st April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of pensionable pay.

Employees other than regular firefighters: supplementary
     3. —(1) Part 1 applies for the interpretation of rules 1 and 2.

    (2) Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2 of this Part.

the amount of the reduced pension shall be increased to that of the notional deferred pension.

    (3) The notional deferred pension is the deferred pension that would have been payable under rule B5 of the Pension Scheme[19] if the person had become entitled to one on the date of the person's ceasing to serve.

Withdrawal of pension during service as regular firefighter
     3. The fire and rescue authority by whom a pension under this Scheme is payable may withdraw the whole or any part of the pension, except a pension under Part 3 (awards on death: spouses and civil partners), for any period during which the person entitled to it is employed as a regular firefighter by any fire and rescue authority.

Withdrawal of pension on conviction of certain offences
     4. —(1) In the circumstances specified in paragraph (2) the fire and rescue authority by whom a pension under this Scheme is payable may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

    (2) The circumstances are–

(a) that the person entitled to the pension ("the pensioner") has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part 3, that the offence was committed after the death on which the pensioner became entitled to it; or

(b) that the pensioner has been convicted of an offence committed in connection with the pensioner's service as an employee of a fire and rescue authority which is certified by the Scottish Ministers either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

    (3) The offences mentioned in paragraph (2)(a) are–

(a) an offence of treason; and

(b) one or more offences under the Official Secrets Acts 1911 to 1989[20] for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

    (4) The fire and rescue authority may, to such extent as they at any time think fit–

(a) apply for the benefit of any dependant of the pensioner; or

(b) restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

Forfeiture of award
     5. Where a person has been convicted of an offence under subsection (6) of section 34 of the Fire and Rescue Services Act 2004 (acts or omissions for purposes of obtaining awards or other sums), the fire and rescue authority may cause the person to forfeit the whole or part of an award made under this scheme.

(a) under rule B9 of the Pension Scheme[21] to the beneficiary of an allocation;

(b) under rule N2 of that Scheme (pension credit member's entitlement to pension); or

(c) under rule J1 of that Scheme (guaranteed minimum pensions)[22],

is not a pension for the purposes of this rule.

    (3) Subject to paragraph (4) and rule L4B of the Pension Scheme[23], where this rule applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

    (4) For the purposes of this rule, where a person is entitled–

(a) under rule 1 of Part 2 to an injury pension and also under rule B1, B2, B3 or B5 of the Pension Scheme to an ordinary, short service, ill-health or deferred pension;

(b) to a pension in respect of employment with a fire and rescue authority and also to a pension as the surviving spouse or civil partner of an employee of a fire and rescue authority; or

(c) to pensions as the surviving child of both parents who were employed by a fire and rescue authority,

those pensions shall be treated as one.

    (5) Where–

(a) a person who is employed as a retained firefighter by more than one fire and rescue authority sustains a qualifying injury; and

(b) it cannot be established that the injury is attributable to only one of those employments,

a single award shall be paid under rule 2 of Part 8; and the award shall be payable by the fire and rescue authorities by whom the person is so employed in such proportion as may be agreed or, in default of agreement, in equal shares.

    (6) If a transfer value or cash equivalent is paid, any award to which the person became entitled under Part 2 on ceasing to serve as a regular firefighter ceases to be payable.

Prevention of duplication: other injury awards for persons who are both regular and retained firefighters
     4. —(1) This rule applies in relation to a person employed as both a regular firefighter and a retained firefighter who is entitled–

(a) from the fire and rescue authority which employs the person as a regular firefighter, to an injury award under rule 1 of Part 2, an ill-health award under rule B3 of the Pension Scheme, or awards under both of those rules; and

(b) from the fire and rescue authority which employs the person as a retained firefighter, to an injury award under Part 2 (by virtue of rule 2 of Part 8) ("the Part 8 award") and an ill-health award under rule B3 of the Pension Scheme.

    (2) The fire and rescue authority which employs the person as a regular firefighter shall pay the award under rule B3 of the Pension Scheme in full and, subject to paragraph (3), the authority which employs the person as a retained firefighter shall pay only the injury element of the Part 8 award.

    (3) Where the amount awarded under rule B3 of the Pension Scheme is less than the amount which, but for paragraph (2), would have been paid to the person as the ill-health element of the Part 8 award, the fire and rescue authority which employs the person as a retained firefighter shall pay the person an amount equal to the amount of the difference.

    (4) A firefighter who is entitled to both an award under rule 1 of Part 2 and a Part 8 award shall receive a single award of an amount equal to the award under that rule or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.

Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters
     5. —(1) This rule applies where–

(a) a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment);

(b) a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and

(c) in consequence of the person's death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).

    (2) The descriptions mentioned in this paragraph are–

(a) a spouse's or civil partner's special award under rule 1 of Part 3;

(b) a spouse's or civil partner's augmented award under rule 2 of that Part;

(c) a child's special allowance under rule 1 of Part 4; and

(d) a child's special gratuity under rule 2 of that Part.

    (3) The descriptions mentioned in this paragraph are–

(a) a spouse's or civil partner's ordinary pension under rule C1 of the Pension Scheme;

(b) a spouse's or civil partner's accrued pension under rule C4 of that Scheme;

(c) a spouse's or civil partner's requisite benefit and temporary pension under rule C6 of that Scheme;

(d) a spouse's or civil partner's award under rule C7 of that Scheme (award where no other award is payable);

(e) a child's ordinary allowance under rule D1 of that Scheme; and

(f) a child's accrued allowance under rule D4 of that Scheme.

    (4) The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

    (5) Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to the person by way of an award of a description in paragraph (2), the fire and rescue authority which employed the deceased as a retained firefighter shall pay an amount equal to the amount of the difference.