Office of Public Sector Information
SCHEDULE 1 continued PART 2
1. Where some or all of a person’s service, by virtue of which his pensionable service is reckonable, is part-time service, his injury gratuity or pension under Part 1 shall be calculated in accordance with this Part.
2.—(1) Subject to sub-paragraph (2) the amount of the gratuity or pension is—
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where—
A is the amount of that award calculated under Part 1 if the average pensionable pay or, as the case may be, the final pensionable pay was the pay the person would have received had he been a whole-time employee of a fire and rescue authority;
B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;
C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and
D is the period in years of his pensionable service.
(2) Where the person is a member of the 1992 Scheme, neither (B + C) nor D shall exceed 30 years.
1. The amounts of the injury gratuity and injury pension payable to a retained or volunteer firefighter shall be calculated in accordance with paragraph 1(2) of Part 1 as if for “pensionable service” there were substituted “pensionable retained service.”
Part 3
1. Subject to paragraph 2, the weekly amount of a special pension is 45% of the deceased’s average pensionable pay or, as the case may be, final pensionable pay for a week.
2.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—
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where—
A is the amount calculated under paragraph 1 as if the average pensionable pay or, as the case may be, the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority;
B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;
C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and
D is the period in years of his pensionable service.
(2) Where the person was a member of the 1992 Scheme, neither (B + C) nor D shall exceed 30 years.
1.—(1) Where the surviving spouse of a person who—
(a) was a member of the 1992 Scheme, but
(b) was not a member of the 2007 Scheme,
would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme (spouse’s ordinary pension) in the same way as that of an ordinary pension.
(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme has effect—
(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and
(b) as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.
2. The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.
Part 4
1. Subject to paragraph 4, the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay or, as the case may be, his final pensionable pay.
2. Where one of the child’s parents is alive—
(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10, and
(b) if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.
3. In respect of any period during which neither of the child’s parents is alive—
(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20, and
(b) if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.
4.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.
(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraphs 1 to 3 of Part 1 of Schedule 3 if the average pensionable pay or, as the case may be, the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority”.
The Firefighters' Compensation Scheme (Wales) Order 2007