Office of Public Sector Information

PART 5 AWARDS ON DEATH

Death grant

1.—(1) On the death of a person while serving as a firefighter member, the authority must pay a death grant of an amount ascertained in accordance with the following provisions of this rule (whether or not a pension is payable under any other Part).

(2) Subject to paragraphs (3) to (5) and, where paragraph (8) applies, paragraph (9), the amount is three times that of the deceased’s pensionable pay at the time of the deceased’s death, expressed as an annual rate.

(3) Where—

(a) the deceased was a whole-time firefighter member at the time of the deceased’s death,

(b) had the deceased lived, the deceased would have been entitled to two pensions under rule 7 of Part 3, and

(c) the product of the following formula is greater than three times that of the deceased’s pensionable pay at the time of the deceased’s death, expressed as an annual rate—

(4) Where the deceased was a part-time firefighter member at any time during the deceased’s period of service (whether or not the deceased was a whole-time firefighter member for part of that period), the amount of the death grant is the greater of —

(a) three times the deceased’s pensionable pay at the time of the deceased’s death (which, if the deceased was then employed part-time, would be calculated at the part-time rate), expressed as an annual rate; and

(b) the product of the formula

(5) Where the deceased—

(a) had become entitled to two pensions under rule 7(1) of Part 3 at the time of the deceased’s death; and

(b) had been a part-time firefighter member during the period of service in respect of which the deceased was entitled to a second pension under rule 7(4) of that Part (whether or not the deceased had been a whole-time firefighter member for part of that period),

the amount is whichever is the greatest of—

(i) three times the deceased’s pensionable pay at the time of the deceased’s death, expressed as an annual rate,

(ii) the product of the formula specified in paragraph (3), and

(iii) the product of the formula specified in paragraph (4).

(6) Where the deceased was absent from duty without pay immediately before the day on which the deceased died, the deceased’s pensionable pay for the purposes of this rule, subject to paragraph (8), must be taken to be the amount, expressed as an annual rate, of the pay appropriate to the deceased’s role and conditioned hours on the last occasion that the deceased received it.

(7) In paragraph (6), “conditioned hours” (“oriau wedi'u pennu”) means the number of hours that the deceased was required to work each week under the terms of the deceased’s contract of employment.

(8) The pensionable pay of a person who—

(a) had made an election under rule 4 of Part 10 (reckoning of unpaid period of absence) , and

(b) dies before making any payment under paragraph (4) of that rule,

is taken to be the amount, expressed as an annual rate, of the pensionable pay that would have been paid if the period of the person’s absence from duty without pay had reckoned as pensionable service.

(9) Where paragraph (8) applies, the death grant must be abated by the amount due to the authority under rule 4(1) of Part 10.

(10) Subject to paragraph (11), the death grant may be paid, in whole or in part, to such person or persons as the authority think fit.

(11) The authority must not pay any part of a death grant to a person who is convicted of the murder or manslaughter of the deceased, but this is subject to paragraph (12).

(12) Where a conviction of the description mentioned in paragraph (11) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay part of it to the person whose conviction is quashed.

Post-retirement death grant

2.—(1) Where—

(a) a pension under any of rules 1 to 3, 5 or 6 of Part 3 is in payment; and

(b) the pensioner dies within five years of the pension coming into payment,

the authority must pay, by way of post-retirement death grant, an amount equal to the difference between—

(i) the amount that they would have paid to the pensioner in that five year period, disregarding any increase in the pension that might have become payable after the pensioner’s death, and

(ii) the amount paid to the pensioner before the pensioner’s death (including any lump sum that the pensioner may have received on commutation under rule 9 or 10 of Part 3).

(2) Paragraphs (10) to (12) of rule 1 apply in relation to a grant under this rule as they apply in relation to a death grant.

PART 6 PENSION SHARING ON DIVORCE

Pension credit member’s entitlement to pension

1.—(1) A pension credit member is entitled to a pension for life which becomes payable—

(a) when the member attains the age of sixty five, or

(b) if it is later, when the pension sharing order under which the member is entitled to the pension credit takes effect.

(2) The pension must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme Actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Act.

Commutation of whole of pension credit benefits

2.—(1) In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000(24) (commutation of pension credit benefit: small pensions), the authority may, with the agreement of the pension credit member, commute for a lump sum the whole of the pension to which a pension credit member is entitled under rule 1 if, after commutation, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.

(2) The lump sum under paragraph (1) is the actuarial equivalent of the pension at normal benefit age, calculated from tables prepared by the Scheme Actuary.

Commutation of part of pension credit benefits

3.—(1) Subject to paragraph (3), a pension credit member may commute for a lump sum a portion of the pension to which the pension credit member is entitled or prospectively entitled under rule 1 (“the commuted portion”).

(2) The commuted portion must not exceed—

(a) one quarter of the amount of the pension, or

(b) the annual rate of the pension for the first year that it is payable, disregarding —

(i) the reduction resulting from the application of this rule, and

(ii) any reduction resulting from the application of any other provision of this Scheme.

(3) Paragraph (1) does not apply if the pension debit member from whose rights the pension credit member’s pension credit is derived has received a lump sum under rule 9 of Part 3 (commutation: general) before the date on which the pension sharing order takes effect.

(4) A person who wishes to commute a portion of a pension under paragraph (1) must give the authority written notice of commutation not later than the day before the pension comes into payment and not earlier than four months before—

(a) the date on which the person attains normal benefit age, or

(b) the date on which the pension sharing order takes effect,

whichever is the later.

(5) Notice of commutation must specify the commuted portion.

(6) A person’s notice of commutation takes effect on the date on which the pension under rule 1 becomes payable.

(7) When a person’s notice of commutation takes effect, the authority must—

(a) reduce the pension by the commuted portion,

(b) calculate the lump sum by multiplying by twelve the amount of the person’s pension represented by the commuted portion at the date of retirement, and

(c) pay the person the lump sum as soon as reasonably practicable after—

(i) the date on which the person attains normal benefit age, or

(ii) the date on which the pension sharing order takes effect,

whichever is the later.

Application of general rules

4.—(1) The provisions of this Scheme specified in paragraph (2) apply to pension credit members and awards payable to or in respect of them; but except where other provision is made by this Part or a contrary intention appears—

(a) this Scheme does not apply to pension credit members and benefits payable to or in respect of them, except if and to the extent that they are also members of this Scheme in another capacity or dependants of a member, and

(b) benefits payable to or in respect of a pension credit member may not be aggregated with benefits payable to or in respect of the pension credit member—

(i) in any other capacity; or

(ii) as a pension credit member, deriving from any other pension debit member.

(2) The provisions are—

• rule 2 of Part 8 (determinations and decisions by fire and rescue authority),

• rule 5 of Part 9 (withdrawal of pension on conviction of certain offences),

• rule 1 of Part 14 (authorities responsible for payment of awards),

• rule 2 of that Part (deduction of tax and lifetime allowance charges),

• rule 3 of that Part (payment of awards),

• rule 5 of that Part (payments for minors and persons incapable of managing their affairs), and

• rule 6 of that Part (payment of awards: further supplementary provision).

Post-retirement death grant: pension credit members

5.—(1) Where—

(a) a pension credit member dies within five years of the pension under rule 1 coming into payment and before the member’s seventy-fifth birthday, and

(b) there is a difference between—

(i) the amount that is five times the pension, calculated at the annual rate effective on the day that it came into payment, and

(ii) the aggregate of —

(aa) the instalments of pension that have been paid, and

(bb) any lump sum received on commutation under rule 3,

the authority must pay a post-retirement death grant of the amount of that difference.

(2) The grant may be paid, in whole or in part, to such person or persons as the authority think fit.

(3) For the purposes of paragraph (1), any increases which, if the pension had continued in payment, would have been taken into account, must be disregarded.