Office of Public Sector Information

PART 7 RESERVISTS

Interpretation of Part 7

1.  In this Part—

“the 1996 Act” (“Deddf 1996”) means the Reserve Forces Act 1996(25);

“forces period” (“cyfnod yn y lluoedd”) means the period during which a person undertakes relevant service in the reserve forces;

“former authority” (“cyn awdurdod”), in relation to a reservist, means the authority by which the reservist was employed immediately before the reservist’s forces period began;

“qualifying injury” (“anaf cymhwysol”) means an injury, received by a person in the performance of the person’s duties as a firefighter, which is not wholly or mainly due to the person’s own serious and culpable negligence or misconduct;

“relevant service in the reserve forces” (“gwasanaeth perthnasol yn y lluoedd wrth gefn”) means service in the forces specified in section 1(2) of the 1996 Act—

“reservist” (“person wrth gefn”) means a person who, immediately before a forces period, was a firefighter.

Continuity of employment

2.—(1) For the purposes of this Scheme, a reservist must be treated as having continued, throughout the reservist’s forces period—

(a) to be a firefighter; and

(b) for the purposes of the reservist’s pensionable service under Part 10, to be employed by the reservist’s former authority.

(2) Where before a reservist’s forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, the reservist’s forces period is not reckonable as pensionable service unless the contributions payable in respect of it are paid (whether during the reservist’s forces period or, if the authority have agreed that contributions may be discontinued as mentioned in paragraph (2) of rule 8 of Part 11 (discontinuance period not exceeding six months), in accordance with that paragraph).

(3) For the purposes of calculating the amount of a reservist’s pension contributions under rule 3 of Part 11—

(a) the pay that the reservist would have received from the reservist’s former authority during the reservist’s forces period must be regarded as the reservist’s pay for that period (the reservist’s “notional pay”); and

(b) in respect of any period during the reservist’s forces period in which the aggregate of—

(i) the reservist’s actual pay; and

(ii) any payments the reservist receives under section 4 of the 1996 Act

is less than the reservist’s notional pay for that first-mentioned period,

the reservist must be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions)(27).

Awards on death or permanent disablement

3.—(1) A reservist who, at the end of that reservist’s forces period, is permanently disabled(28) for performing the duties of a firefighter by reason of an infirmity that—

(a) is unrelated to any injury received during the reservist’s forces period; and

(b) is not a qualifying injury,

is entitled to an award under rule 2 of Part 3 (award on ill-health retirement).

(2) Where a reservist dies—

(a) during the reservist’s forces period;

(b) from the effects of an injury which rendered the reservist incapable of performing the duties of a firefighter; or

(c) while receiving a pension under this Scheme,

an award is payable in accordance with paragraph (3) and (4).

(3) Where the reservist’s death —

(a) is not the result of a qualifying injury, and

(b) occurs during the reservist’s forces period,

a survivor’s pension under Chapter 1 of Part 4 is payable to the reservist’s spouse, civil partner or nominated partner (as the case may be) as if the reservist were a firefighter member entitled as mentioned in rule 1(a) of that Part.

(4) Where the reservist’s death occurs during the reservist’s forces period and is not the result of a qualifying injury —

(a) a child pension is payable under Chapter 2 of Part 4 as if—

(i) the reservist were a firefighter member who died while employed by an authority; and

(ii) paragraph (1)(c), (2) and (3) of rule 8 were omitted; and

(b) a death grant is payable under rule 1 of Part 5.

Reservists who do not resume employment with their former authority

4.  A reservist who does not resume employment with that reservist’s former authority within one month of the end of the reservist’s forces period must be treated as having left the authority’s employment at the end of the reservist’s forces period.

PART 8 DETERMINATION OF QUESTIONS AND APPEALS

Interpretation of Part 8

1.  In this Part—

“IQMP” (“YMCA”) means independent qualified medical practitioner; and

“rule 3 response” (“ymateb rheol 3”) means an IQMP’s response under rule 3(2).

Determinations and decisions by fire and rescue authority

2.—(1) The question whether a person is entitled to any and, if so, what awards, must be determined in the first instance by the authority.

(2) Subject to paragraph (6), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a) whether the person is disabled,

(b) whether any disablement is likely to be permanent,

(c) whether the person has become capable of performing any duties of the role from which the person retired on grounds of ill-health,

(d) whether the person is or has become capable of undertaking regular employment, or

(e) any other issue wholly or partly of a medical nature,

the authority must obtain the written opinion of an IQMP selected by them.

(3) The IQMP must certify in the IQMP’s opinion under paragraph (2)—

(a) that the IQMP has not previously advised, or given an opinion on, or otherwise been involved in, the particular case for which the opinion has been requested, and

(b) that the IQMP is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.

(4) An IQMP’s opinion under paragraph (2) is binding on the authority unless it is superseded by the IQMP’s rule 3 response or the outcome of an appeal under rule 4.

(5) Where, in consequence of an opinion given under paragraph (2), an employee has retired on grounds of ill-health, the IQMP who gave the opinion may, if so requested by the authority for the purposes of a review under rule 1(1) of Part 9, give a further opinion.

(6) If—

(a) the person concerned wilfully or negligently fails to submit to medical examination by the IQMP selected by the authority, and

(b) the IQMP is unable to give an opinion on the basis of the medical evidence available to the IQMP,

the authority may make a decision on the issue—

(i) on such other medical evidence as they think fit, or

(ii) without medical evidence.

(7) Within fourteen days of making a decision or determination under this rule, the authority must—

(a) give written notice of it to the person concerned, and

(b) in the case of a decision on an issue wholly or partly of a medical nature, unless paragraph (6) applies, supply the person with a copy of the opinion obtained under paragraph (2).

Review of medical opinion

3.—(1) Where—

(a) new evidence on an issue wholly or partly of a medical nature is presented to the authority by a person in respect of whom a decision has been made under rule 2,

(b) the authority receive that evidence—

(i) where a copy of an opinion was supplied in accordance with paragraph (7) of rule 2, within twenty eight days of the receipt by that person of that copy, and

(ii) in any other case, within twenty eight days of the receipt by that person of notice of the authority’s decision, and

(c) the authority and the person concerned agree that the IQMP should be given the opportunity of reviewing the IQMP’s opinion in the light of the new evidence,

the authority must send a copy of the new evidence to the IQMP and invite the IQMP to reconsider the IQMP’s opinion.

(2) An IQMP’s rule 3 response to an invitation under paragraph (1) must be in writing.

(3) An IQMP’s rule 3 response is binding on the authority unless it is superseded by the outcome of an appeal under rule 4.

(4) As soon as reasonably practicable after receiving a rule 3 response, the authority must reconsider their decision.

(5) Within fourteen days of that reconsideration, the authority must—

(a) give written notice to the person concerned that they have confirmed their decision or revised their decision (as the case may be),

(b) if they have revised their decision, supply the person concerned with written notice of the revised decision, and

(c) supply the person concerned with a copy of the rule 3 response.

Appeals against decisions based on medical advice

4.—(1) A person who wishes to appeal against an authority’s decision on an issue of a medical nature may do so to a Board of medical referees in accordance with the provisions of Annex 2.

(2) Subject to paragraph (3), where a decision—

(a) is made with regard to an opinion obtained under rule 2(2) or medical evidence relied on as mentioned in rule 2(6), or

(b) is reconsidered under rule 3(4) with regard to a rule 3 response,

the authority must, within fourteen days of making, confirming or revising the decision (as the case may be), send to the person concerned the documents mentioned in paragraph (4).

(3) Nothing in paragraph (2) requires the supply of documents that have already been supplied under rule 2(7) or 3(5).

(4) The documents are—

(a) a copy of the opinion, response or evidence (as the case may be);

(b) an explanation of the procedure for appeals under this rule, and

(c) a statement that, if the person wishes to appeal against the authority’s decision on an issue of a medical nature, the person must give written notice to the authority, stating the person’s name and address and the grounds of the person’s appeal, not later than twenty eight days after the person receives the last of the documents required to be supplied to the person under this paragraph, or within such longer period as the authority may allow.

Appeals on other issues

5.  Where—

(a) a person disagrees with an authority’s determination under rule 2, and

(b) the person’s disagreement does not involve an issue of a medical nature,

the person may, by written notice given to the authority within twenty eight days of receipt of the determination, require the authority to deal with the disagreement by means of the arrangements implemented by them pursuant to the requirements of section 50 of the Pensions Act 1995(29)(resolution of disputes) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996(30).