Office of Public Sector Information
SCHEDULE 1 continued PART 14
1.—(1) An award payable to or in respect of a person by reason of that person having been employed as a regular firefighter is payable by the authority by whom the person was last so employed.
(2) An award payable under Part 6 (pension-sharing on divorce) to or in respect of a pension credit member, and any sum paid in commutation of such an award, is payable by the authority which employed the pension debit member from whose rights the pension credit member’s award is derived when the pension sharing order took effect.
2. Where any payment that an authority are required to make under this Scheme is chargeable to tax or subject to a lifetime allowance charge under the Finance Act 2004(45) they shall deduct the amount of tax charged or to be recovered from the payment.
3.—(1) Subject to paragraph (2), while an award is payable under this Scheme it must be paid monthly in arrears.
(2) The authority may—
(a) delay payment, in whole or part, to the extent necessary for determining any question as to their liability; and
(b) where they are of the opinion that, by reason of the amount of the award, its payment monthly in arrears would be impracticable, discharge their liability in respect of it by making payments at such reasonable intervals as they think fit.
(3) Lump sums under Part 5 and, subject to paragraphs (4) and (5), pensions under Part 4 are payable from the day after the date of the death.
(4) A pension under Part 4 in respect of a posthumous child is payable from the date of the child’s birth.
(5) Where—
(a) the authority are not informed of the death of a pensioner; and
(b) a pension to which the pensioner was entitled has continued in payment,
the authority may recover all or part of the overpayment, as they think fit; and may recover it by set-off against any other award payable under this Scheme in respect of the deceased.
(6) Where a person is entitled under rule 8 of Part 3 to the repayment of the person’s aggregate pension contributions, the authority are not obliged to make payment—
(a) until the expiration of a year from the date of the person’s retirement, or
(b) until the person requests payment,
whichever is the earlier.
4. Where a person is a member of this Scheme in respect of more than one contract of employment (whether with the same or different authorities), each employment must be treated separately for pension purposes.
5.—(1) Any sum payable to a minor in respect of an award may, if the authority think fit, be paid to such other person as they may determine, who must, in accordance with any directions given by the authority, apply it for the minor’s benefit.
(2) If it appears to the authority that a person entitled to payment of an award is, by reason of mental disorder or otherwise, incapable of managing that person’s affairs—
(a) they may pay the award or any part of it to a person having the care of the person entitled, or such other person as they may determine, and
(b) insofar as they do not pay the award in that manner, they may apply it in such manner as they think fit for the benefit of the person entitled or that person’s dependants.
6.—(1) On the death of a person to whom there was due, in respect of an award, a sum not exceeding the amount specified(46) in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act 1965(47), the authority may, without requiring the production of probate or any other proof of entitlement—
(a) where only one person appears to be beneficially entitled to the personal estate of the deceased, pay the sum to that person, or
(b) in any other case, either pay the sum to one of the persons appearing to be so entitled or distribute it among all or any of them in such proportions as the authority may determine.
(2) An assignment of, or charge on, an award is void to the extent that it is in favour of a person other than a dependant of the person entitled to the award.
(3) On the bankruptcy of a person entitled to an award, the award does not pass to any trustee or other person acting on behalf of the creditors.
(4) Subject to paragraphs (5) and (6), where as a result of fraud, theft or negligence on the part of a firefighter in connection with that firefighter’s employment, there has been a loss to the funds of an authority, the authority may withhold all or part of any sums becoming due to that firefighter from the authority in respect of an award.
(5) The total amount withheld under paragraph (4) must not exceed the amount of the loss; and in the event of any dispute as to the amount of the loss, nothing may be withheld unless the loss has become recoverable from the person entitled to the award under the order of a competent court.
(6) There must not in any case be withheld any part of a sum due that is not attributable to service as an employee of an authority.
(7) Where an amount is withheld under paragraph (4), the authority must provide the person entitled to the award with a certificate showing the amount withheld.
1.—(1) Subject to paragraph (8), paragraphs (2) to (5) of this rule apply where a member has an entitlement to a guaranteed minimum pension under section 14 of the 1993 Act (the member’s “guaranteed minimum”).
(2) If, apart from this rule—
(a) no pension would be payable to the member under this Scheme; or
(b) the weekly rate of the pension payable would be less than the member’s guaranteed minimum,
a pension, the weekly rate of which is equal to the member’s guaranteed minimum, is payable to the member for life from the date on which the member reaches state pensionable age.
(3) Subject to paragraph (4) if, when the member reaches state pensionable age—
(a) the member is still in employment which entitles the member to be a member of this Scheme (“scheme employment”); or
(b) where the member is not in scheme employment, the member consents to a postponement of the member’s entitlement under paragraph (2),
paragraph (2) does not apply until the member leaves employment.
(4) If the member—
(a) continues in employment for a further period of five years after reaching state pensionable age, and
(b) does not then leave it,
the member is entitled from the end of that period to so much of the member’s pension under this rule as equals the member’s guaranteed minimum, unless the member consents to a further postponement of the entitlement.
(5) Where paragraph (3) or (4) applies, the amount of the pension to which the member is entitled under this rule must be increased in accordance with section 15 of the 1993 Act.
(6) This paragraph applies where a person has ceased to be in employment that is contracted-out by reference to the Scheme, and either—
(a) all the person’s rights to benefits under the Scheme, except the person’s rights in respect of the person’s guaranteed minimum or the person’s rights under section 9(2B) of the 1993 Act(48) (“the person’s contracting-out rights”), have been transferred under Part 12, or
(b) the person has no rights to benefits under the Scheme apart from the person’s contracting-out rights.
(7) Subject to paragraph (8), where paragraph (6) applies—
(a) from the date on which the person reaches state pensionable age, the person is entitled to a pension payable for life at a weekly rate equal to the person’s guaranteed minimum, and
(b) from the date on which the person reaches normal retirement age the person is entitled to a lump sum and pension in respect of the person’s rights under section 9(2B) of the 1993 Act,
but a person falling within paragraph (6) is not to be regarded as a pensioner for the purposes of Part 5 (awards on death).
(8) This rule does not apply if—
(a) any part of the person’s pension is withdrawn permanently under rule 5 of Part 9 following the person’s conviction of an offence of a description specified in paragraph (3) of that rule (treason and certain offences under the Official Secrets Acts 1911 to 1989); or
(b) the pension is commuted under rule 10 of Part 3 (commutation: small pensions).
2.—(1) Subject to paragraph (3), this rule applies in relation to a firefighter member’s surviving spouse or civil partner who has a guaranteed minimum pension under section 17 of the 1993 Act in relation to benefits under Chapter 1 of Part 4 of this Scheme in respect of the deceased member.
(2) If apart from this rule—
(a) no pension is payable to the surviving spouse or civil partner under this Scheme; or
(b) the weekly rate of the pension payable is less than the surviving spouse or civil partner’s guaranteed minimum,
a pension, of which the weekly rate is equal to the surviving spouse or civil partner’s guaranteed minimum, is payable to the surviving spouse or civil partner from the date on which the deceased died until the death of the surviving spouse or civil partner.
(3) This rule does not apply if—
(a) any part of the firefighter member’s pension has been withdrawn permanently under rule 5 of Part 9 following the firefighter member’s conviction of an offence of a description specified in paragraph (3) of that rule (treason and certain offences under the Official Secrets Acts 1911 to 1989);
(b) the firefighter member’s pension has been commuted under rule 10 of Part 3; or
(c) the survivor’s pension has been commuted under rule 5 of Part 4.
3.—(1) An authority may by written notice require any person who is in receipt of a pension or may have an entitlement to a pension or a lump sum under this Scheme to provide the authority with such supporting evidence as the authority may reasonably require to establish—
(a) the identity of that person; and
(b) that person’s continuing or future entitlement to the payment of any amount under this Scheme.
(2) A notice under paragraph (1) must specify the date by which the supporting evidence is to be provided.
(3) Where a person fails to comply with the requirements of a notice given in accordance with paragraph (1), the authority may withhold the whole or part of any amount that they consider to be payable under the Scheme.
4.—(1) An authority must issue an annual benefit statement to each of their firefighter, deferred and pension credit members.
(2) The first such statements must be issued on or before 1 April 2007, and subsequent statements must be issued on or before each 1 April thereafter.
(3) An annual benefit statement must contain an illustration of the amount of benefit entitlement, in respect of the rights that may arise under the Scheme, which—
(a) has been accrued by the member at the relevant date, and
(b) in the case of a firefighter member, is capable of being accrued by the firefighter member if the firefighter member remains in the Scheme until the firefighter member’s normal retirement date.
(4) The illustration must be calculated—
(a) in the case of a firefighter member, on the member’s pay (or, in the case of a part-time firefighter member, the whole-time equivalent) for the twelve-month period ending with the relevant date;
(b) in the case of a deferred member, on the member’s final pay; and
(c) in the case of a pension credit member, in accordance with rule 1 of Part 6, as if the pension credit member were to become entitled to the pension on the pension credit member’s sixty-fifth birthday.
(5) For the purposes of this rule, the relevant date—
(a) in the case of a pension credit member, is that of the pension credit member’s sixty-fifth birthday;
(b) in any other case, is 31 March of the period in respect of which the statement is issued, or such later date as the authority may choose.
5.—(1) This rule applies where a retained or volunteer firefighter dies on or after 6 April 2006 and before the Firefighters' Pension Scheme (Wales) Order 2007 comes into force.
(2) Chapters 1 and 2 of Part 4 of this Scheme (survivors' pensions), rule 1 of Part 5 of this Scheme (death grant) and rule 3 of Part 11 (pension contributions) have effect in respect of the deceased as if—
(a) the deceased had become a member of this Scheme—
(i) where the deceased was employed by an authority immediately before 6 April 2006, on that date,
(ii) in any other case, on the date on which the deceased took up employment with the authority;
(b) the deceased had not made a contributions election; and
(c) the deceased’s qualifying service and the deceased’s pensionable service began on whichever is the later of—
(i) the date on which the deceased took up employment, and
(ii) 6 April 2006,
and ended on the date of the deceased’s death
(3) Where—
(a) in anticipation of the coming into force of this Scheme , the deceased nominated a nominated partner, and
(b) the nomination was received and accepted by the authority before the deceased died,
the deceased’s nominated partner is entitled to the same benefits under this Scheme as if the nomination had effect for the purposes of this Scheme.
(4) The authority must deduct from the death grant payable by virtue of paragraph (2) the amount of the pension contributions that would have been payable under rule 3 of Part 11; and rule 1 of that Part has effect for determining the deceased’s pensionable pay for that purpose.
(5) The authority must notify the personal representatives of the amount deducted.
6.—(1) This rule applies where a retained or volunteer firefighter employed by an authority immediately before 6 April 2006 dies on or before 31 March 2007 without having made an election as to membership of this Scheme.
(2) Chapters 1 and 2 of Part 4 of this Scheme (survivors' pensions), rule 1 of Part 5 of this Scheme (death grant) and rule 3 of Part 11 (pension contributions) have effect in respect of the deceased as if—
(a) the deceased had elected to become a member of this Scheme on 6 April 2006 and had not made a contributions election, and
(b) the deceased’s qualifying service and the deceased’s pensionable service began on 6 April 2006 and ended on the date of the deceased’s death.
(3) Where—
(a) in anticipation of the coming into force of this Scheme , the deceased nominated a nominated partner, and
(b) the nomination was received and accepted by the authority before the deceased died,
the deceased’s nominated partner will be entitled to the same benefits under this Scheme as if the nomination had effect for the purposes of this Scheme.
(4) The authority must deduct from the death grant payable by virtue of paragraph (2) the amount of the pension contributions that would have been payable under rule 3 of Part 11; and rule 1 of that Part has effect for determining the deceased’s pensionable pay for that purpose.
(5) The authority must notify the personal representatives of the amount deducted.
1.—(1) Except in a case to which sub-paragraph (2) applies, the annual amount of the lower tier ill-health pension to which a person is entitled on ill-health retirement must be calculated by multiplying the person’s pensionable service by the person’s final pensionable pay and dividing the resultant amount by sixty.
(2) Where a person is subject to ill-health retirement, the annual amount of that person’s lower tier ill-health pension must be calculated by multiplying that person’s pensionable service by that person’s reference pay and dividing the resultant amount by sixty.
(3) For the purposes of sub-paragraph (2) the pensionable service of a firefighter is the same proportion of whole-time service as that which the firefighter’s actual annual pensionable pay bears to the firefighter’s reference pay.
2. The annual amount of the higher tier ill-health pension of a whole-time firefighter must be calculated in accordance with the formula—
where—
A is the pensionable service accrued in the Scheme before the whole-time firefighter’s ill-health retirement,
B is—
the pensionable service that the whole-time firefighter would have accrued from the date of the whole-time firefighter’s ill-health retirement until the whole-time firefighter’s normal retirement age had the whole-time firefighter continued to be a contributing member of the Scheme (the whole-time firefighter’s “prospective service”); or
if the aggregate of the whole-time firefighter’s actual pensionable service and the whole-time firefighter’s prospective service is more than forty years, the difference between forty years and the whole-time firefighter’s actual pensionable service, and
C is the whole-time firefighter’s final pensionable pay.
3. The annual amount of the higher tier ill-health pension of a member who—
(a) is or has been a part-time employee, or
(b) is a retained or volunteer firefighter,
must be calculated in accordance with the formula—
where—
A is the pensionable service accrued in the Scheme before the member’s ill-health retirement,
B is the member’s qualifying service,
C is the pensionable service that the member would have accrued from the date of the member’s ill-health retirement until the member’s normal retirement age had the member continued to be a contributing member of the Scheme as a whole-time employee, and
D—
in the case of a part-time firefighter, is the final pensionable pay that the member would have received if the member had been a whole-time employee throughout the member’s period of employment;
in the case of a retained or volunteer firefighter, is the firefighter’s final reference pay.
1.—(1) Subject to sub-paragraph (2), written notice of appeal against a decision on an issue of a medical nature stating—
(a) the appellant’s name and address, and
(b) the grounds of the appeal,
must be given to the authority within twenty eight days of the date on which the appellant receives the documents referred to in rule 4(4) of Part 8; and where the appellant receives those documents on different dates, they will be treated for this purpose as received on the later or latest of those dates.
(2) Where—
(a) notice of appeal is not given within the period specified in sub-paragraph (1), but
(b) the authority are of the opinion that the person’s failure to give it within that period was not due to the person’s own default,
they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.
2.—(1) On receiving a notice of appeal, the authority must supply the Assembly with three copies of—
(a) the notice of appeal,
(b) the notice of the relevant decision,
(c) the opinion, response or evidence (as the case may be) supplied to the appellant, and
(d) every other document in their possession or under their control which appears to them to be relevant to the issue that is the subject of the appeal.
(2) The Assembly must refer an appeal to a board of medical referees (“the board”).
3.—(1) The board must consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the Assembly.
(2) One member of the board must be a specialist in a medical condition relevant to the appeal.
(3) One member of the board must be appointed as chairperson.
(4) Where there is an equality of votes among the members of the board, the chairperson has a second or casting vote.
4.—(1) As soon as reasonably practicable after referring an appeal to the board, the Assembly must supply the board’s administrator with three copies of every document supplied under paragraph 2(1).
(2) The board must arrange for one of their number to review those documents (“the reviewing member”).
(3) As soon as reasonably practicable after concluding the review, the reviewing member must give written notice to the Assembly—
(a) of any other information which the reviewing member considers would be desirable for the purpose of enabling the board to determine the appeal, and
(b) if it be the case, that it is the reviewing member’s opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.
(4) On receipt of the reviewing member’s notice the Assembly shall —
(a) where the reviewing member has notified the Assembly of the desirability of obtaining other information, require the authority to use their best endeavours to obtain that information, and
(b) where the notice contains an opinion of the description mentioned in sub-paragraph (3)(b), send a copy of it to the authority.
(5) An authority which receives a copy of a reviewing member’s opinion must, as soon as reasonably practicable—
(a) send a copy of it to the appellant, and
(b) by written notice to the appellant—
(i) advise the appellant that, if the appellant’s appeal is unsuccessful, the appellant may be required to pay the authority’s costs, and
(ii) require the appellant to notify them within fourteen days of the date of their notice whether the appellant intends to pursue or withdraw the appeal.
(6) An authority which notifies an appellant under sub-paragraph (5)(b) must inform the Assembly of the appellant’s response to their request under paragraph (b)(ii) of that sub-paragraph; and the Assembly must notify the board accordingly.
5. Where an appeal is to be pursued, the board must secure that the appellant and the authority (“the parties”) have been informed—
(a) that the appeal is to be determined by the board, and
(b) of an address to which communications relating to the appeal may be delivered to the board.
6.—(1) Subject to sub-paragraph (4), the board—
(a) must interview and medically examine the appellant at least once, and
(b) may interview or medically examine the appellant or cause the appellant to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.
(2) The board must appoint, and give the parties not less than two months' notice of, the time and place for every interview and medical examination; and if the board is satisfied that the appellant is unable to travel, the place must be the appellant’s place of residence.
(3) The appellant must attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.
(4) If—
(a) the appellant fails to comply with sub-paragraph (3), and
(b) the board is not satisfied that there was reasonable cause for the failure,
the board may dispense with the interview and medical examination required by paragraph (1)(a) or, as the case may be, with any further interview or medical examination, and may determine the appeal on such information as is then available.
(5) Any interview under this paragraph may be attended by persons appointed for the purpose by the authority or by the appellant or by each of them.
7.—(1) Where either party intends to submit written evidence or a written statement at an interview held under paragraph 6, the party must, subject to sub-paragraph (2), submit the evidence or statement to the board and to the other party not less than twenty eight days before the date appointed for the interview.
(2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than twenty eight days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.
(3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the postponement.
8.—(1) The board must supply the Assembly with —
(a) a written report of its decision on the relevant medical issues, and
(b) if the board is of the opinion that the appeal was frivolous, vexatious or manifestly ill-founded, a statement to that effect (which may form part of the report).
(2) The Assembly must supply the parties with a copy of the report and of any separate statement under paragraph (1)(b).
9.—(1) There must be paid to the board and the reviewing member—
(a) such fees and allowances (including those payable to the reviewing member for work undertaken on the review of documents under paragraph 4(2)) as are determined in accordance with arrangements made by the Assembly, or
(b) where no such arrangements have been made, such fees and allowances as the Assembly may from time to time determine.
(2) The fees and allowances payable under sub-paragraph (1) must—
(a) be paid by the authority, and
(b) be treated for the purposes of paragraph 10 as part of the authority’s expenses.
10.—(1) Subject to paragraph 7(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal must be borne by that party.
(2) Where the board—
(a) determines an appeal in favour of the authority, and
(b) states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill-founded,
the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.
(3) Where—
(a) the appellant gives notice to the board withdrawing the appeal, and
(b) the notice is given less than twenty two working days before the date appointed for an interview or medical examination under paragraph 6(2),
the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.
(4) Where the board—
(a) determines an appeal in favour of the appellant, and
(b) does not otherwise direct,
the authority must refund to the appellant the amount specified in sub-paragraph (5).
(5) The amount is the total of—
(a) any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 6, and
(b) if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.
(6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board’s determination is in favour of the authority or of the appellant must be decided by the board or, in default, by the Assembly.
11. Any notice, information or document which an appellant is entitled to receive for any purpose of this Annex must, unless the contrary is proved, be treated as having been received by the appellant if it was posted in a letter addressed to the appellant at the appellant’s last known place of residence.
At the time of making this Order, the sum is £5,000 (Administration of Estates (Small Payments) (Increase of Limit) Order 1984 (S.I. 1984/539). Back [46]
1965 c. 32. Back [47]
Subsection (2B) was inserted by section 136(3) of Pensions Act 1995 c. 26. Back [48]
The Firefighters' Pension Scheme (Wales) Order 2007