(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 reserve forces (referred to in this Part as his “forces period”).

(3) References in this Part to relevant service in the reserve means service in the forces specified in section 1(2) of the Reserve Forces 1996 Act—

(a) in pursuance of a training obligation under Part 3 of that Act; or

(b) by virtue of a call out for permanent service or a recall under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996.

Awards to reservists

2

(1) This rule applies to a reservist who, at the end of his forces period, is permanently disabled.

(2) Subject to paragraph (3), article 12 of the New Firefighters’ Pension Scheme (award on ill-health retirement) and regulation 73 (entitlement to lower tier ill-health pension and higher tier ill-health pension) of the 2015 Regulations have 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 Board may—

(a) pay him, instead of an ill-health pension under article 12 of Part 3 of the New Firefighters’ Pension Scheme or under regulation 73 of the 2015 Regulations, a pension at the rate of one twelfth of his final pensionable pay or his final pay, as the case may be, and

(b) subject to paragraph (4), increase any such pension.

(4) Paragraph 1 of Schedule 6A has effect for limiting increases under paragraph (3)(b).

Awards on death of reservists

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 Board may, subject to paragraph 3, increase any pension or child’s pension payable under articles 23, 28 or 31 of the New Firefighters’ Pension Scheme or increase any pension or eligible child’s pension payable under Chapter 3 of Part 6 of the 2015 Regulations.

(3) Paragraphs 2 and 3 of Schedule 6A have effect for limiting increases under paragraph (2).

Reservists who resume service as firefighters

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.

PART 3 — CALCULATION OF AWARDS FOR RETAINED OR VOLUNTEER SERVICE

1

The amounts of the injury gratuity and injury pension payable to a retained or volunteer firefighter shall be calculated in accordance with the table in paragraph 1 of Part 1 of this Schedule of Part 1 as if for “relevant service” there were substituted “pensionable retained service”.

1

(1) Where the surviving spouse of a person who—

(a) was a member of the Firefighters’ Pension Scheme but

(b) was not a member of the New Firefighters’ Pension Scheme or the 2015 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 Schedule 3 to the Firefighters’ Pension Scheme (spouse’s or civil partner’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 Firefighters’ Pension 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.

SCHEDULE 6A — RESERVISTS: INCREASED AWARDS

1

The total of—

(a) the amount of a pension as increased under rule 2(3)(b) of Part 7A, and

(b) the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the reservist would have been entitled if rule 1 of Part 2 had applied.

2

The total of—

(a) the amount of a pension as increased under rule 3(2) of part 7A, and

(b) the amount of any service pension payable to the spouse or civil partner in respect of the reservist,

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

3

The total of—

(a) the amount of a child’s allowance as increased under rule 3(2) of part 7A, and

(b) the amount of any service pension payable to or for the child in respect of the reservist,

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.

Exclusive application to regular and retained firefighters

Determining pensionable pay in certain cases

11

(1) Where an award is to be calculated in respect of a person who is not, or was not, a member of the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme or the 2015 Scheme, the definition of “pensionable pay” shall be construed in accordance with—

(a) article 56 of the Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 59 of that Scheme;

(b) article 61 of the New Firefighters’ Pension Scheme in the case of a person who elected not to pay pension contributions under article 8 of Part 2 of that Scheme;

(i) exercised an option not to become an active member of the 2015 Scheme in accordance with Chapter 2 of Part 3 of the 2015 Regulations; or

(ii) did not exercise an option to become an active member of the 2015 Scheme in accordance with regulation 21 of the 2015 Regulations; and

(d) article 61 of Part 11 of the New Firefighters’ Pension Scheme where an election had been made at different times under the Firefighters’ Pension Scheme and the New Firefighters’ Pension Scheme;

(e) except where sub-paragraph (d) applies, regulation 26 of the 2015 Regulations, in the case of a person who had at different times, in relation to all of the schemes (namely, the Firefighters’ Pension Scheme, the New Firefighters’ Pension Scheme and the 2015 Scheme), or a combination of any two of them—

(i) made an election referred to in sub-paragraph (a) or sub-paragraph (b); or

(ii) exercised or not exercised an option referred to in sub-paragraph (c),

as the case may be.

(2) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his average pensionable pay if he had not made an election.

(3) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the New Firefighters’ Pension Scheme, his award shall be calculated on the basis of the pay which would have been his final pensionable pay if he had not made an election.

(3A) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 2015 Scheme, the award must be calculated on the basis of the pay which would have been the final pay if he had not, in respect of sub-paragraph (c)(i), exercised an option; or in respect of sub-paragraph (c)(ii) failed to exercise an option.

(4) For the purposes of calculating a retained firefighter’s pensionable pay (whether or not that person is or was a member of the New Firefighters’ Pension Scheme), the Board shall determine the period of the person’s service from its records.

(5) Where the Board is not able to determine the period of the person’s service from its records, the person, or any other person entitled to an award under this Scheme, may provide the Board with documents to assist it to determine the person’s period of service.

(6) Where the Board is not able to determine the period of the person’s service and the Board does not hold records of that person’s pay for that period, and the necessary documents cannot be provided in accordance with paragraph (5), the Board may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations at that at which the person was based for the relevant period.

Award for or in relation to a ... volunteer firefighter

3

(1) Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, the amount of special pension shall be calculated in accordance with the formula—

$$A×(B/C)$where—A is the amount calculated under paragraph 1 as if the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;B is the period in years of his pensionable retained service; andC is the period in years of his relevant service.$

(2) Where the person was a member of the New Firefighters’ Pension Scheme, neither B nor C shall exceed 40 years.

(3) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.

5

(1) Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, the amount of the special allowance shall be calculated in accordance with the formula—

$$A×(B/C)$where—A is the amount calculated under paragraphs 1 to 3 of this Part as if the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;B is the period in years of his pensionable retained service;C is the period in years of his relevant service.$

(2) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.

4

(1) Where the deceased was employed as a retained firefighter but not as a regular firefighter at the time of his death, paragraphs 1 and 2 shall apply with the modification that for any reference to his final pensionable pay or final pay there shall be substituted the product of the formula—

$$A×(B/C)$where—A is the amount of pay the deceased would have received had he been a whole-time employee of the Board;B is the period in years of his pensionable retained service;C is the period in years of his relevant service.$

(2) Where the person is or is eligible to be an active member in the 2015 Scheme, “relevant service” in C means the total of the service referred to in paragraph 1A(1)(a) and (b) of Part 1 of Schedule 1.

1A

(1) In the event that an award becomes payable in respect of a qualifying injury sustained in the course of employment in relation to which a person is or is eligible to be an active member in the 2015 Scheme, relevant service, in the Table, means the total of—

(a) any relevant service in relation to the 2015 Scheme that relates to the person’s scheme employment which is the same as, or most similar to, the scheme employment in respect of which the award is payable; and

(b) if applicable, any relevant service in relation to the Firefighters’ Pension Scheme or the New Firefighters’ Pension Scheme that relates to the person’s employment which is the same as, or most similar to, the employment in respect of which the award is payable.

(2) In the event that an award is payable to a person who is not an active member of the 2015 Scheme, or has elected not to make pension contributions under the New Firefighters’ Pension Scheme or the Firefighters’ Pension Scheme, when calculating an award payable under this scheme, the person’s ‘relevant service’ is determined according to the pension scheme the person would have been eligible to be a member of when they sustained the qualifying injury.

(3) In sub-paragraph (2), “eligible to be a member” means a person’s eligibility to be a member of any of the Firefighters’ Pension Scheme, the New Firefighters’ Pension Scheme and the 2015 Scheme, pursuant to article 2 (exclusive application to regular firefighters) of the Firefighters’ Pension Scheme, article 4 (scheme membership) of Part 2 of the New Firefighters’ Pension Scheme or regulation 16 of, or Schedule 2 to the 2015 Regulations, as the case may be.

Appeals on other issues

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