Office of Public Sector Information
SCHEDULE 1 continued PART 7A
1.—(1) This Part applies to a person who —
(a) on or after 6 April 2006 —
(i) takes up employment with a fire and rescue authority, or
(ii) having been employed by such an authority before that date, becomes a member of the 2007 Scheme, and
(b) immediately before undertaking relevant service in the armed forces, is employed by the authority as a firefighter,
and in this Part such a person is referred to as a reservist.
(2) For the purposes of this Scheme a reservist shall be treated as having continued to be a firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).
(3) References in this Part to relevant service in the armed forces are references to —
(a) service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(19) (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule; and
(b) service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.
2.—(1) This rule applies to a reservist who, at the end of his forces period, is permanently disabled.
(2) Subject to paragraph (3), rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement) has effect in relation to a reservist to whom this rule applies as if the reservist were a firefighter member taking ill-health retirement at the end of his forces period.
(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire and rescue authority may —
(a) pay him, instead of an ill-health pension under rule 2 of Part 3 of the 2007 Scheme, a pension at the rate of one twelfth of his final pensionable pay, and
(b) subject to paragraph (4), increase any such pension.
(4) Paragraph 1 of Schedule 7 has effect for limiting increases under paragraph (3)(b).
3.—(1) This rule applies in the case of a reservist who —
(a) dies during his forces period, or
(b) was permanently disabled at the end of his forces period, has not since been a firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.
(2) If the reservist dies from the effects of an injury received during his forces period or a qualifying injury, the fire and rescue authority may, subject to paragraph (3), increase any pension or child pension payable under rule 1, or rule 6 or 9, of Part 4 of the 2007 Scheme.
(3) Paragraphs 2 and 3 of Schedule 7 have effect for limiting increases under paragraph (2).
4. Paragraph (2) of rule 2 or, as the case may be, paragraph (2) of rule 3 shall apply in relation to a reservist who, having sustained an injury during his forces period and resumed service as a firefighter —
(a) is permanently disabled, or
(b) dies, whether or not while serving as a firefighter,
as they apply in relation to reservists to whom rule 2 or, as the case may be, rule 3 applies.
1.—(1) This rule applies where a person who is an employee of a fire and rescue authority but is not a firefighter suffers an injury, without his own default—
(a) while in attendance at a fire, and
(b) in the execution of his duties as an employee of the authority.
(2) If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.
(3) If the person dies from the effects of the injury, either before or after retiring from that employment, the fire and rescue authority may, subject to paragraph (4)—
(a) grant such pension and gratuity as they think fit to any surviving spouse or civil partner, and
(b) grant such allowance as they think fit to any child.
(4) The total of—
(a) any benefit under this rule, and
(b) any relevant additional benefit payable to the recipient,
must not exceed the appropriate amount.
(5) An additional benefit is any payment of whatever nature made—
(a) by the fire and rescue authority otherwise than under this rule, or
(b) by any other local authority, or
(c) by a Minister of the Crown,
except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975(20); and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.
(6) Subject to paragraph (6A), the appropriate amount is—
(a) for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule 1 of Part 2,
(b) for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule 1 of Part 3, and
(c) for an allowance under paragraph (3)(b), that of the special allowance under rule 1 of Part 4,
which would have been payable on the required assumptions.
(6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula —
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where —
A is the amount that would have been calculated as mentioned in sub-paragraph (a), (b) or (c) of paragraph (6) (as the case may be) if the person had 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 employment and the denominator is the number of contractual hours for one year of whole-time employment; and
D is the period in years of his pensionable service.
(7) The required assumptions are—
(a) in every case, that the person was employed in the role of firefighter,
(b) where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part 1 of Schedule 1 (reduction of injury pension on account of certain other pensions) did not apply, and
(c) where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.
2.—(1) This paragraph applies to a person—
(a) who was employed by a fire and rescue authority immediately before 6 April 2006 as a retained firefighter or volunteer firefighter, and
(b) has retired, and
(c) is permanently disabled,
if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.
(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the 1992 Scheme or the 2007 Scheme that is then in payment.
(3) Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the 1992 Scheme(21) or rule 9 of Part 3 of the 2007 Scheme (commutation: general) or rule 11 of that Part (allocation of pension) shall apply in relation to the awards to which, by virtue of paragraph (2) above, he is entitled.
(4) Subject to paragraph (4A), a person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (illhealth awards) of the 1992 Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) of the 1992 Scheme or, if he has become a member of the 2007 Scheme, rule 9 or 11 of Part 3 of the 2007 Scheme, rule 1 of Part 9 of that Scheme (review of ill-health pension) and rule 2 of that Part (consequences of review) apply accordingly in relation to the awards to which he is thus entitled.
(4A) In the case of a person who has become a member of the 2007 Scheme, the award under rule B3 of the 1992 Scheme shall be reduced by the amount of any award to which the person is entitled under rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement).
(5) This paragraph applies where —
(a) a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury, and
(b) he has at any time before 6 April 2006 been employed by a fire and rescue authority as a retained or volunteer firefighter.
(6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse’s or civil partner’s special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.
(7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse’s or civil partner’s pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.
(8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child’s special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.
(9) Rule 3 of Part 4 (child’s special allowance or gratuity: limitations), rule 4 of Part 5 (lump sum in lieu of child’s special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.
(10) The regular firefighter mentioned in paragraph (2), (4), (6) or (8) is one who is a wholetime employee of a fire and rescue authority and—
(a) was employed in the same role as the retained or volunteer firefighter and had the same service in that role,
(b) was entitled to reckon as pensionable service a period equal to the retained or volunteer member’s service as such, and
(c) in respect of any service before 1 April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.
3.—(1) Part 1 applies for the interpretation of rules 1 and 2.
(2) Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2 of this Part.
The Firefighters' Compensation Scheme (Wales) Order 2007