PART 9 REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of ill-health pension

1.—(1) So long as a person—

(a) has been in receipt of an ill-health pension for less than ten years, and

(b) is under state pensionable age,

the authority must consider, at such intervals as they think proper, whether the person has become capable—

(i) of performing any duty appropriate to the role from which the person retired on grounds of ill-health, and

(ii) of undertaking regular employment.

(2) The authority must, at such intervals as they think proper, consider in relation to a person whose deferred pension is being paid early by virtue of rule 3(4) of Part 3 (early payment of deferred pension on permanent disablement), the same matters as they are required to consider in relation to persons of the description mentioned in paragraph (1).

Consequences of review

2.—(1) If, on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a higher tier ill-health pension has become capable of undertaking regular employment, that person’s entitlement to that pension ceases with immediate effect.

(2) Subject to paragraph (3), a lower tier ill-health pension must continue to be paid to a person who ceases to be entitled to a higher tier ill-health pension.

(3) If—

(a) on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a lower tier ill-health pension has become capable of performing the duties appropriate to the role from which that person retired on grounds of ill-health, and

(b) the authority make the person an offer of employment in that role (“a paragraph (3)(b) offer”),

the person’s entitlement to a lower tier ill-health pension ceases, with immediate effect, whether the person accepts or declines the offer.

(4) A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under rule 3 of Part 3.

(5) If, on such consideration as is mentioned in rule 1(2), it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment that person’s entitlement to early payment of the deferred pension ceases with immediate effect.

Withdrawal of pension during service as firefighter

3.—(1) Subject to paragraph (2), the authority by which a pension under Part 3 is payable may withdraw the whole or any part of the pension for any period during which the person entitled to it is again employed as a firefighter by any authority.

(2) Where a person who is entitled to pensions under this Scheme in respect of both regular and retained or volunteer service (whether from the same authority or from different authorities)—

(a) resumes regular service but does not resume retained or volunteer service, or

(b) resumes retained or volunteer service, but does not resume regular service,

paragraph (1) applies only as regards the pension referable to that person’s previous retained or volunteer service or, as the case may be, the person’s previous regular service.

(3) An authority may abate a pension to which a person is entitled under Part 3 so long as that person is employed (in whatever capacity) by any authority.

(4) A person who—

(a) is entitled to a pension under Part 3, and

(b) accepts an offer of employment with an authority (in whatever capacity),

must, as soon as reasonably practicable after accepting that offer, give notice in writing to each authority by which a pension is payable to that person under Part 3, specifying the name of that person’s employing authority.

Withdrawal of early payment of deferred pension

4.  A person who, on dismissal from an authority’s employment, becomes entitled to a deferred pension under rule 3 of Part 3, is not entitled to early payment of the deferred pension before reaching the age of sixty five, unless the authority by which the pension is payable determine otherwise.

Withdrawal of pension on conviction of certain offences

5.—(1) Where paragraph (2) applies, the authority by which a pension under Part 3 or 4 is payable may withdraw the pension in whole or in part and permanently or temporarily as they think fit.

(2) This paragraph applies where—

(a) the pensioner has been convicted of an offence referred to in paragraph (3), and, in the case of a pension under Part 4, the offence was committed after the death on which the pensioner became entitled to it, or

(b) the pensioner has been convicted of an offence, committed in connection with that pensioner’s employment by an authority, which is certified by the Secretary of State—

(i) as gravely injurious to the interests of the State; or

(ii) as likely 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(31) for which the pensioner has been sentenced, on the same occasion—

(i) to a term of imprisonment of at least ten years, or

(ii) to two or more consecutive terms amounting in aggregate to at least ten years.

(4) The authority may, at any time and to such extent as they 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

6.  A person who 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), forfeits the whole or part of an award or sum obtained by that person under this Scheme, as the authority think fit.

PART 10 QUALIFYING SERVICE AND PENSIONABLE SERVICE

Qualifying service

1.  For the purposes of this Scheme, the following periods are periods of a person’s qualifying service—

(a) the period during which the person is a firefighter member of the Scheme and for which the person receives pensionable pay;

(b) any period during which the person—

(i) is a firefighter member of the Scheme,

(ii) is on unpaid leave other than unauthorised absence,

(iii) has made an election under rule 4(1) of this Part, and

(iv) has paid such contributions as are required to be paid under rule 4(2) in respect of that period;

(c) in relation to the second pension under rule 7 of Part 3 (entitlement to two pensions), the period of qualifying service taken into account in calculating the first pension under that rule;

(d) any period of additional service purchased under Part 11;

(e) a period credited on acceptance of a transfer under Part 12;

(f) where the person was a member of the 1992 Scheme, the period of service used for determining the person’s eligibility for an award under that Scheme; and

(g) any period of service that may be credited to the firefighter member resulting from maternity, paternity or adoption leave.

Reckoning of pensionable service

2.—(1) Subject to paragraph (6), for the purposes of this Scheme, a person’s pensionable service accrues as pension contributions are paid, and consists of—

(a) any period in respect of which the person has paid pension contributions as a member of this Scheme;

(b) any period of service taken into account for the purposes of an award under rule 3 (deferred pension) or rule 7 (entitlement to two pensions) of Part 3 where, on again taking up employment with an authority —

(i) the person becomes a member of the Scheme; and

(ii) in accordance with rule 4 of Part 3 (cancellation of deferred pension), the award under rule 3 or rule 7 is cancelled;

(c) any period which the person is entitled to reckon as pensionable service under rule 4 (reckoning of unpaid period of absence) or rule 5 (reckoning of maternity, paternity and adoption leave, etc) of this Part or under any of rules 5 to 9 of Part 11;

(d) any period of pensionable service taken into account for the purposes of an ill-health award under rule 2 of Part 3, other than any period included by way of enhancement, where—

(i) the award is cancelled under rule 2 of Part 9; and

(ii) the person remains a member of this Scheme (whether or not as an employee of the authority which made the award);

(e) if the person rejoins this Scheme on again taking up employment with an authority, any period of service as a former member of the Scheme, in respect of which—

(i) no pension has been paid;

(ii) no refund of pension contributions has been made; and

(iii) no transfer value payment has been made; and

(f) any period of service credited to the Scheme as pensionable service on acceptance of a transfer into the Scheme under Part 12.

(2) The pensionable service of a firefighter member may not exceed forty five years.

(3) A person may not—

(a) buy additional service if that would increase that person’s pensionable service to more than forty years by normal retirement age; or

(b) transfer service into the Scheme if the aggregate of—

(i) that service,

(ii) that person’s prospective service to normal retirement age, and

(iii) any service already accrued in the Scheme,

would exceed forty years by normal retirement age.

(4) Any additional period of service purchased or in the process of being purchased under Part 11 is reckonable as pensionable service; but where only a portion of the pension contributions payable in respect of a period of additional service has been paid, only the equivalent portion of the period is reckonable as pensionable service.

(5) Subject to paragraph (6), an additional period of service purchased or in the process of being purchased under Part 11 is to be taken into account for the purposes of determining—

(a) the amount of pension payable to the firefighter member or to the firefighter member’s survivors; and

(b) the amount of service a firefighter member has or may accrue in the Scheme.

(6) An additional period of service is not to be taken into account in assessing—

(a) the amount of the higher tier ill-health pension included in a higher tier ill-health award under Part 3; or

(b) the amount of a death grant under Part 5.

Non-reckonable service

3.  The following periods are not reckonable as pensionable service—

(a) any period of unpaid leave, other than a period that is reckonable by virtue of rule 4 of this Part;

(b) any period of service that has been taken into account for the purposes of a pension under rule 3 of Part 3 (deferred pension) that has not been cancelled under rule 4 of that Part;

(c) any period of absence resulting from sickness or injury attributable to the person’s misconduct which the authority determine should be unpaid leave;

(d) any period of additional maternity or adoption leave in respect of which the person entitled has declined to pay the required contributions; and

(e) any period of service that is pensionable service by virtue of any other provision of this Part.

Reckoning of unpaid period of absence

4.—(1) A firefighter member may reckon as pensionable service all or part of a period of absence without pay if the firefighter member elects to pay the pension contributions that the firefighter member and the firefighter member’s employing authority would have paid in accordance with Part 11 in respect of that period if it had been a period of absence with pay.

(2) An election under paragraph (1) is to be made by written notice given to the employing authority not later than six months from the end of the period of unpaid leave for which contributions are due.

(3) An authority may pay the employer’s pension contributions that would otherwise fall to be paid by the employee as a result of the firefighter member’s election.

(4) Contributions falling to be paid by the employee under this rule must be paid within six months of the date on which the notice under paragraph (2) is given.

Reckoning of maternity, paternity and adoption leave, etc

5.—(1) A firefighter member is entitled to reckon as pensionable service any period of—

(a) paid maternity leave,

(b) unpaid ordinary maternity leave, and

(c) unpaid maternity leave in respect of which the firefighter member has paid pension contributions in accordance with rule 4 of Part 11.

(2) A firefighter member is entitled to reckon as pensionable service any period of—

(a) paternity leave,

(b) ordinary adoption leave,

(c) paid additional adoption leave, and

(d) unpaid additional adoption leave in respect of which the member has paid pension contributions in accordance with rule 4 of Part 11.

(3) Where there is a period of pensionable service both before and after a period of maternity or adoption leave in respect of which a person is entitled to pay pension contributions but does not do so, those periods must be treated for the purposes of this Scheme as if they were continuous.

Calculation of pensionable service

6.—(1) Paragraphs (3) to (5) are subject to rule 2(2) and (3).

(2) For the purposes of paragraphs (3) and (4), a period which comprises three hundred and sixty five completed days including 29 February must be treated as a completed year.

(3) The pensionable service of a regular firefighter member must be calculated in accordance with the formula—

(4) The pensionable service of a part-time regular firefighter member must be calculated as a proportion of whole-time service by applying the formula—

and in this paragraph “conditioned hours” (“oriau wedi'u pennu”) means the number of hours that the person was required to work each week under the terms of that person’s contract of employment.

(5) The pensionable service of a retained or volunteer firefighter for any year or part of a year of the firefighter’s service must be assessed as a proportion of whole-time service in accordance with the formula—

(6) Where, for the purpose of calculating an award payable to or in respect of a firefighter member—

(a) it is necessary to determine the firefighter member’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 an authority of a transfer value payment, the firefighter member is entitled to reckon a period of pensionable service (“the credited period”) by reason of employment for a period (“the previous employment period”) which includes that date,

the credited period counts as pensionable service reckonable by reason of 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.