The Firemen’s Pension Scheme Order 1992

• Citation: S.I. 1992/129
• Sections: 271

Section 1

This Order may be cited as the Firemen’s Pension Scheme Order 1992 and shall come into force on 1st March 1992.

Section 2

(1) The Orders specified in Schedule 1 are revoked to the extent specified.

(2) The Scheme set out in Schedule 2 is brought into operation.

A1 Citation and commencement

This Scheme (which is in force from 1st March 1992) may be cited as the Firemen’s Pension Scheme 1992.

A2 Interpretation

(1) Part I of Schedule 1 to this Scheme contains a glossary of expressions; and in this Scheme, unless the context otherwise requires, any expression for which there is an entry in the first column of that Schedule has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.

(2) Part II of Schedule 1 has effect for construing references in this Scheme to certain expressions related to the National Insurance and Social Security Acts.

(3) In this Scheme, unless the context otherwise requires, any reference to a rule, Part or Schedule identified by a letter or number or both (“an indicator”) is to be construed as a reference to the rule, Part or Schedule, as the case may be, identified by that indicator in this Scheme, and any reference to a numbered paragraph in a rule of or a Schedule to this Scheme is to be construed as a reference to the paragraph bearing that number in that rule or, as the case may be, that Schedule.

(4) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

A3 Exclusive application to regular firefighters

(1) Subject to paragraph (3), this Scheme applies in relation to regular firefighters and their spouses and dependants to the exclusion of pension provision under any enactment other than section 26 of the principal Act and the Social Security Act 1975 .

(2) In paragraph (1) “pension provision” means any provision for the payment of a pension, allowance or gratuity, on cessation of employment or on death, in respect of employment as a regular firefighter.

(3) A person who is not a member of a brigade but whose employment is, under rule A4 or A5, treated for the purposes of this Scheme as employment as a regular firefighter is not a regular firefighter for the purposes of this rule.

A4 Application to temporary employment connected with fire services

(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered relevant employment.

(2) For the purposes of this rule relevant employment is temporary employment, on duties connected with the provision of fire services—

(a) as an instructor at the central training institution or any training centre maintained by the Secretary of State, or

(b) as an inspector, assistant inspector or other officer appointed under section 24 of the principal Act, or

(c) in pursuance of arrangements made by the Secretary of State in connection with the training in fire-fighting of members of the armed forces of the Crown, or

(d) in pursuance of arrangements made by the Secretary of State, or made after 31st March 1968 but before 15th November 1970 by the Minister of Overseas Development, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

(3) Where this rule applies the person’s relevant employment shall be treated for the purposes of this Scheme as employment as a member of a brigade and this Scheme applies in relation to the relevant employment as if—

(a) he were, and his duties were duties as, a regular firefighter,

(b) his pay and rank were the same as they would have been had he not ceased to perform duties as a regular firefighter or, where section 10 of the Fire Services Act 1959 applies, the same as his pay and rank as a member of a brigade,

(c) any reference to a brigade were a reference to the relevant employment,

(d) rules A13 to A15 and L2 were omitted, and

(e) any reference to a fire authority were a reference to the Secretary of State.

A5 Application to permanent employment as instructor

(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered relevant employment.

(2) For the purposes of this rule relevant employment is permanent employment, on duties connected with the provision of fire services, as an instructor at the central training institution or any training centre maintained by the Secretary of State.

(3) Where this rule applies the person’s relevant employment shall be treated for the purposes of this Scheme as employment as a member of a brigade and this Scheme applies in relation to the relevant employment as if—

(a) he were, and his duties were duties as, a regular firefighter,

(b) any reference to a brigade were a reference to the relevant employment,

(c) any reference to a fire authority were a reference to the Secretary of State, and

(d) rules A13 to A15 and L2 were omitted.

A6 No application to auxiliary firefighters

This Scheme does not apply in relation to a member of a brigade who is enrolled for service in the brigade which is restricted, except in a war emergency, to such duties as are desirable for training.

A7 Reckoning of service for purposes of awards

(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of a member of a brigade by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as—

where—

A is the number of completed years in the period, and

B is the number of completed days in any remaining part of a year,

and accordingly a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

(2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter—

(a) it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date (“the material date”), and

(b) by virtue of the receipt by a fire authority of a transfer value, he is entitled to reckon a period of pensionable service (“the credited period”) by reason of service or employment for a period (“the previous employment period”) which includes that date,

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

(3) In the case of a person who ceased to serve as a member of a brigade before 1st May 1975, Part III of Schedule 11 has effect and this rule does not apply.

A8 Aggregate pension contributions for purposes of awards

(1) A regular firefighter’s aggregate pension contributions comprise—

(a) all payments made by him to a fire authority that fall within paragraph (2),

(b) all payments made by him in accordance with an election under rule G6 (election to purchase increased benefits), and

(c) if paragraph (3) applies, the amount of the notional award described in paragraph (4).

(2) The payments that fall within this paragraph are payments under this Scheme or a previous Scheme that relate to a period of service which the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon as pensionable service and have not been refunded to him, including payments made—

(a) by way of rateable deductions from pay,

(b) by way of such additional and further payments as were mentioned in articles 57 to 59 of the 1973 Scheme, or

(c) in accordance with such an undertaking as is mentioned in Part I of Schedule 6.

(3) This paragraph applies where the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon pensionable service by reason of a period of service or employment otherwise than as a regular firefighter “the previous employment period”).

(4) The notional award mentioned in paragraph (1)(c) is the award by way of return of contributions or analogous payment that would have been made to him if, at the end of the previous employment period, he had voluntarily retired in circumstances entitling him to such an award under the applicable superannuation arrangements.

A9 Qualifying injury

(1) Except in rule J4, references in this Scheme to a qualifying injury are references to an injury received by a person without his own default in the execution of his duties as a regular firefighter.

(2) In rule J4, unless the context otherwise requires, references to a qualifying injury are references to an injury received by a person without his own default in the exercise of his duties as a part-time member of a brigade.

(3) An injury shall be treated as having been received by a person without his default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

A10 Disablement

(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

(2) Subject to paragraph (3), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that in relation to a child it means incapacity, so occasioned, to earn a living.

(3) Where it is necessary to determine the degree of a person’s disablement, it shall be determined by reference to the degree to which his earning capacity has been affected as a result of a qualifying injury; if, as a result of such an injury, he is receiving in-patient treatment at a hospital he shall be treated as being totally disabled.

(4) Where a person has retired before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made known to the fire authority.

A11 Death or infirmity resulting from injury

(1) Aperson shall be taken to have died from the effects of an injury if it appears that had he not suffered that injury he would not have died when he did.

(2) In the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person’s death.

A12 Relevant service in the armed forces

References in this Scheme 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 (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule,

(b) part-time service under the National Service Act 1948 , otherwise than pursuant to a training notice under that Act, and

(c) 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.

A13 Compulsory retirement on account of age

(1) This rule applies to every whole-time member of a brigade appointed on terms under which he is or may be required to engage in fire-fighting.

(2) Subject to paragraph (3), a person to whom this rule applies shall retire—

(a) if he holds the rank of assistant divisional officer or a higher rank, on attaining the age of 60, or

(b) if he holds the rank of station officer or a lower rank, on attaining the age of 55.

(3) In special cases the fire authority may extend the service of a person to whom this rule applies for a further period if they are satisfied that such extension would be in the interests of efficiency.

A14 Compulsory retirement on grounds of efficiency of brigade

Awhole-time member of a brigade who—

(a) was appointed on terms under which he is or may be required to engage in fire-fighting, and

(b) has attained the age of 50, and

(c) has, or but for an election under rule G3 would have, completed 25 years' pensionable service,

may be required by the fire authority to retire on the grounds that his retention in the brigade would not be in the general interests of its efficiency.

A15 Compulsory retirement on grounds of disablement

(1) Subject to paragraph (2), a regular firefighter may be required by the fire authority to retire on the date on which the authority determine that he ought to retire on the ground that he is permanently disabled.

(2) A retirement under this rule is void if, on an appeal against the medical opinion on which the fire authority acted in determining that he ought to retire, the medical referee decides that the appellant is not permanently disabled.

A16 Effective date of retirement

For the purposes of this Scheme a member of a brigade shall be taken to retire immediately after his last day of service.

B1 Ordinary pension

(1) Subject to paragraph (2), this rule applies to a regular firefighter who retires if he then—

(a) has attained the age of 50, and

(b) is entitled to reckon at least 25 years' pensionable service, and

(c) does not become entitled to an ill-health award under rule B3.

(2) This rule does not apply—

(a) to a person whose notice of retirement states that he is retiring for the purpose of joining another brigade, or

(b) unless his notice of retirement was given with the permission of the fire authority, to a chief officer, or in Scotland a firemaster, who retires before attaining the age of 55, or

(c) where immediately before the person’s retirement an election under rule G3 not to pay pension contributions had effect.

(3) A person to whom this rule applies becomes entitled on retiring to an ordinary pension calculated in accordance with Part I of Schedule 2.

B2 Short service award

(1) This rule applies, unless immediately before his retirement an election under rule G3 not to pay pension contributions had effect, to a regular firefighter—

(a) who retires as required by rule A13 (compulsory retirement on account of age) and does not on retiring become entitled to an ordinary pension under rule B1, or

(b) who retires on or after attaining the age of 65, is entitled to reckon at least 2 years' pensionable service, and is not entitled to any other pension or gratuity under this Part.

(2) A person to whom this rule applies becomes entitled on retiring—

(a) if he is entitled to reckon at least 2 years' pensionable service, to a short service pension calculated in accordance with Part II of Schedule 2, and

(b) in any other case, to a short service gratuity calculated in accordance with Part IV of Schedule 2.

B3 Ill-health award

(1) This rule applies, unless immediately before his retirement an election under rule G3 not to pay pension contributions had effect, to a regular firefighter who is required to retire under rule A15 (compulsory retirement on grounds of disablement).

(2) A person to whom this rule applies becomes entitled on retiring—

(a) if he is entitled to reckon at least 2 years' pensionable service or the infirmity was occasioned by a qualifying injury, to an ill-health pension calculated in accordance with Part III of Schedule 2, and

(b) in any other case, to an ill-health gratuity calculated in accordance with Part IV of Schedule 2.

B4 Injury award

(1) This rule applies to a regular firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

(2) A person to whom this rule applies is entitled—

(a) to a gratuity, and

(b) subject to paragraphs (3) and (4), to an injury pension,

both calculated in accordance with Part V of Schedule 2.

(3) Payment of an injury pension is subject to paragraph 4 of Part V of Schedule 2.

(4) Where the person retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

B5 Deferred pension

(1) This rule applies to a regular firefighter who is entitled to reckon at least 2 years' pensionable service or, though not so entitled—

(a) has an earlier period of service as a regular firefighter which, disregarding breaks in service of not more than a month, is continuous and which, after deducting from it any period during which an election under rule G3 not to pay pension contributions had effect and aggregating the remainder with his pensionable service, amounts to 2 years or more, or

(b) is entitled to reckon pensionable service by virtue both of service as a regular firefighter and of a period of other employment which together amount to 2 years or more.

(2) If a person to whom this rule applies ceases to be a member of a brigade, otherwise than in pursuance of a notice of retirement stating that he is retiring for the purpose of joining another brigade, or elects under rule G3 not to pay pension contributions, in circumstances in which—

(a) no transfer value or cash equivalent is payable in respect of him, and

(b) he does not become entitled to any award under rules B1 to B4,

he becomes entitled to a deferred pension calculated in accordance with Part VI of Schedule 2.

(3) If—

(a) a person to whom, when he was a regular firefighter, this rule applied has been awarded an ill-health pension under rule B3, and

(b) the unsecured portion of that pension is terminated under rule K1(3) otherwise than on his rejoining his brigade,

he becomes entitled to a deferred pension calculated in accordance with Part VI of Schedule 2.

(4) A deferred pension becomes payable—

(a) from the 60th birthday of the person entitled to it, or

(b) from any earlier date on which he becomes permanently disabled,

and no payment in respect of the pension shall be made for any earlier period.

(5) A person who under rule F4(4)(b) relinquishes his entitlement to a deferred pension ceases to be entitled to it.

B6 Repayment of aggregate pension contributions

(1) This rule applies to a regular firefighter who ceases to be a member of a brigade, otherwise than in pursuance of a notice of retirement stating that he is retiring for the purpose of joining another brigade, or elects under rule G3 not to pay pension contributions, in circumstances in which—

(a) no transfer value or cash equivalent is payable in respect of him, and

(b) he does not become entitled to any award under rules B1 to B5 or J1.

(2) A person to whom this rule applies becomes entitled to the repayment of his aggregate pension contributions.

B7 Commutation — general provision

(1) This rule applies to an ordinary, short service, ill-health or deferred pension under this Part; in relation to a deferred pension, it has effect as if references to retirement and to the date of retirement were references respectively to the pension’s coming into payment and to the date of its coming into payment.

(2) A person entitled or prospectively entitled to a pension to which this rule applies may commute for a lump sum a portion of the pension (“the commuted portion”).

(3) The lump sum is the actuarial equivalent of the commuted portion at the date of retirement, calculated from tables prepared by the Government Actuary.

(4) The commuted portion must not in any case exceed a quarter of the full amount of the pension.

(5) In the case of an ordinary pension, unless—

(a) when the person retires he is entitled to reckon at least 30 years' service, or

(b) he retires as required by rule A13 (compulsory retirement on account of age), or

(c) he retires on or after his 55th birthday and notice of commutation is given with the consent of the fire authority,

the commuted portion must not be such that the lump sum exceeds two and a quarter times the full amount of the pension.

(6) The full amount of a pension is its amount as calculated under Part I, II, III or VI of Schedule 2, disregarding any reduction under any other provision of this Scheme.

(7) In order to commute a portion of a pension a person must, not earlier than 4 months before his intended retirement nor later than 6 months after his retirement, give the fire authority written notice of commutation specifying the portion.

(8) Notice of commutation takes effect from the later of—

(a) the date on which it is received by the fire authority, and

(b) the date of the person’s retirement,

except that it does not take effect if it was given more than 4 months before retirement or relates to an ill-health pension the unsecured portion of which has already been terminated under rule K1(3).

(9) When a person’s notice of commutation takes effect the fire authority shall—

(a) reduce the pension, as from the effective date, by the commuted portion, and

(b) pay him the lump sum, reduced, where the effective date is the date of receipt of the notice, by the difference between the aggregate payments made in respect of the pension and the aggregate payments that would have been made in respect of it if it had been reduced from the date of retirement.

(10) Where notice of commutation relating to an ill-health pension has taken effect and the unsecured portion of the pension is terminated under rule K1(3)—

(a) no reduction shall be made under paragraph (9) in the secured portion of the ill-health pension, insofar as it is payable under rule K1(5), but

(b) if the person later becomes entitled to another pension, other than an injury pension, for the purposes of which he is entitled to reckon the period of pensionable service that was reckonable for the purposes of the ill-health pension, the unsecured portion of the other pension shall be reduced by the amount by which the ill-health pension would have been reduced if its unsecured portion had not been terminated,

and where sub-paragraph (b) applies and notice of commutation is given in respect of the other pension, the portion of it that may be commuted is reduced by the amount of the reduction under sub-paragraph (b).

(11) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

B8 Commutation — small pensions

(1) Where the amount of any pension payable under this Part to a person who has attained state pensionable age, together with any increase under the Pensions (Increase) Act 1971 , does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 , the fire authority may in their discretion commute the pension for a gratuity.

(2) The amount of a gratuity under this rule is the actuarial equivalent of the pension, calculated from tables prepared by the Government Actuary.

(3) Where a person is entitled to more than one pension, the pensions shall be treated as one for the purposes of this rule.

B9 Allocation

(1) This rule applies to an ordinary, short service, ill-health or deferred pension under this Part.

(2) A person entitled or prospectively entitled to a pension to which this rule applies may allocate a portion of the pension in favour of a beneficiary, that is to say—

(a) his spouse, or

(b) some other person who the fire authority are satisfied is substantially dependent on him.

(3) A person who has allocated a portion of an ordinary pension may allocate a further portion of it—

(a) in favour of the same beneficiary, or

(b) if that beneficiary has died, in favour of some other beneficiary.

(4) A person who—

(a) has allocated a portion of any pension to which this rule applies, and

(b) proposes to marry or re-marry, and

(c) has not attained the age of 70,

may allocate a further portion of the pension in favour of his spouse by that marriage.

(5) No more than one third of a pension may be allocated under this rule.

(6) In order to allocate a portion of a pension a person must give the fire authority written notice of allocation specifying—

(a) the portion, and

(b) the beneficiary,

and must have satisfied the authority as to his good health.

(7) A person’s notice of allocation, which may be sent by post, must be given—

(a) if he has not retired but is entitled to retire with an ordinary pension, before his intended retirement,

(b) if he is in receipt of a pension and has not attained the age of 70 and proposes to marry or re-marry, and the beneficiary is his spouse by that marriage, before but not earlier than 2 months before his intended marriage,

(c) if the pension is a deferred pension, before but not earlier than 2 months before the pension comes into payment, or

(d) in any other case, before but not earlier than 2 months before his intended retirement.

(8) Where a person has complied with paragraphs (6) and (7) the fire authority shall forthwith notify him in writing that they have accepted the notice of allocation.

(9) Where the notice of allocation has been accepted and paragraph (7)(a) applies, the notice takes effect as from the earlier of—

(a) the date on which the authority’s notification under paragraph (8) was received, and

(b) the date of the person’s retirement.

(10) Where the notice of allocation has been accepted and paragraph (7)(b), (c) or (d) applies, the notice—

(a) takes effect only if the relevant event occurs within 2 months of its being given, and

(b) if it takes effect, does so as from the date of the relevant event.

(11) Where paragraph (7)(b) applies the relevant event is the marriage, where paragraph (7)(c) applies it is the coming into payment of the pension, and where paragraph (7)(d) applies it is the person’s retirement.

(12) Where a notice of allocation has taken effect and the pension to which it relates has become payable, the pension shall, even if the beneficiary has died, be reduced by the allocated portion as from the later of—

(a) the date from which the pension is payable, and

(b) the date on which the notice took effect,

and if the beneficiary survives the pensioner the fire authority shall, as from the pensioner’s death, pay the beneficiary a pension which is the actuarial equivalent of the allocated portion.

(13) The actuarial equivalent shall be calculated from tables prepared by the Government Actuary and in force at the time when the notice took effect, which shall—

(a) take account of the ages of the pensioner and the beneficiary at that time, and

(b) make different provision according to whether or not the notice took effect under paragraph (9),

and separate calculations shall be made in respect of separate allocations.

(14) Where notice of allocation in respect of an ordinary pension was given when the person was entitled to retire with an ordinary pension and has taken effect, then—

(a) if he dies before retiring and the beneficiary survives him, the fire authority shall pay the beneficiary the pension they would have paid by virtue of the notice if the ordinary pension had become payable immediately before the death, and

(b) if he retires with an ill-health pension, the notice shall be treated as having been given in respect of that pension.

(15) In the case of a chief officer, or in Scotland a firemaster, in determining for the purposes of this rule—

(a) whether he is entitled to retire with an ordinary pension, or

(b) if he dies before retiring, what pension would have been paid if he had retired immediately before he died,

no account shall be taken of the restriction on entitlement to an ordinary pension imposed by rule B1(2)(b).

(16) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

B10 Limitation of commuted or allocated portion of pension

(1) A person may not commute under rule B7 or allocate under rule B9—

(a) so much of any pension that it becomes payable at a rate less than two thirds of the rate at which it would have been payable but for those rules and Parts VII and VIII of Schedule 2, or

(b) in the case of a deferred pension in relation to which, when it becomes payable, he has a guaranteed minimum, so much of the pension that its weekly amount, including any increase under the Pensions (Increase) Act 1971, is then less than the guaranteed minimum.

(2) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

B11 Deduction of tax from certain awards

A fire authority may deduct from any payment which is chargeable to tax under section 598 of the Income and Corporation Taxes Act 1988 (repayment of employee’s contributions) the amount of tax charged.

C1 Spouse’s ordinary pension

(1) This rule applies where a person entitled to reckon at least 3 years' pensionable service dies, leaving a surviving spouse—

(a) while serving as a regular firefighter, unless an election under rule G3 not to pay pension contributions had effect at the time of his death, or

(b) while in receipt of an ordinary, short service or ill-health pension, or

(c) while in receipt of an injury pension, if he has been but no longer is in receipt both of that pension and of an ill-health pension, or

(d) in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Where this rule applies the surviving spouse is, subject to paragraph (3), entitled to an ordinary pension calculated, subject to Part I of Schedule 11 (calculation in certain cases where deceased serving or entitled to pension on 1st July 1973), in accordance with Part I of Schedule 3.

(3) Where the deceased died while serving as a regular firefighter, the surviving spouse may, by giving notice to the fire authority within 3 months after the date of the death, elect to have, instead of an ordinary pension, a reduced pension and a gratuity.

(4) The amount of the reduced pension is 75% of that of the ordinary pension which would otherwise have been payable.

(5) The amount of the gratuity is the greater of—

(a) 6 times the amount of the reduced pension, and

(b) the deceased’s average pensionable pay,

but if the surviving spouse has received any pension payments at a rate higher than that of the reduced pension the fire authority shall recover the overpayment by reducing the gratuity.

(6) The fire authority may in their discretion accept a notice of election under paragraph (3) given more than 3 months after the date of the death.

C2 Spouse’s special award

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse.

(2) Where this rule applies the surviving spouse is entitled—

(a) to a special pension calculated in accordance with Part II of Schedule 3, and

(b) subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a regular firefighter the amount of the gratuity is the total of 25% of his average pensionable pay and the greater of—

(a) his average pensionable pay, and

(b) two and a quarter times the amount of the pension that would have been payable under rule B3 if on the date of his death he had retired on the ground of permanent disablement.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay.

(5) Where the deceased was entitled to an injury gratuity under rule B4—

(a) if it was of the same or a larger amount, no gratuity is payable under this rule, and

(b) if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

C3 Spouse’s augmented award

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse, and one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a) that the injury was received in the execution of duties performed, in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, for the immediate purpose of saving the life of another person or of preventing loss of human life, or

(b) that the fire authority are of the opinion that the preceding condition may be satisfied and that this rule should apply, or

(c) that the fire authority are of the opinion that the injury was received in such circumstances that it would be inequitable if this rule were not to apply.

(3) Where this rule applies, rule C2 applies with the modifications set out in paragraphs (4) and (5) below.

(4) For the purpose of calculating the special pension, Part II of Schedule 3 has effect with the substitution for “45%” of “50%”.

(5) Unless they produce a more favourable result, rule C2(3) to (5) does not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter holding the rank of firefighter in the brigade maintained by the London Fire and Civil Defence Authority and entitled to reckon 30 years' service for the purposes of pay.

C4 Spouse’s accrued pension

(1) This rule applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a surviving spouse.

(2) For the purposes of paragraph (1) a person shall be treated as entitled to a deferred pension if he would have been entitled to one but for its commutation under rule B8.

(3) Where this rule applies the surviving spouse is entitled to an accrued pension calculated in accordance with Part III of Schedule 3.

C5 Limitation on award to widow with reference to date of marriage

(1) A widow is not entitled to an ordinary pension under rule C1, a special award under rule C2, an augmented award under rule C3, an accrued pension under rule C4 or an award under rule C7 unless she was married to the deceased during a period before he last ceased to be a regular firefighter.

(2) A widow who but for paragraph (1) would be entitled to a pension or other award mentioned in that paragraph is instead entitled to a pension calculated in accordance with Part IV of Schedule 3.

C6 Widow’s requisite benefit and temporary pension

(1) This rule applies where—

(a) a man entitled to reckon less than 3 years' pensionable service who is or has been a regular firefighter and by whom pension contributions have at any time been payable under rule G2 dies, leaving a widow, after the beginning of the tax year in which he attained or would have attained state pensionable age, and

(b) neither rule C2 nor rule C4 applies.

(2) Where this rule applies the widow is entitled—

(a) in respect of the first 13 weeks following the death, to a temporary pension, and

(b) after the last of those 13 weeks, to a requisite benefit pension.

(3) The weekly amount of the temporary pension is A − B, where—

A is the weekly amount, immediately before he died, of the deceased’s pensionable pay or, as the case may be, his pension or pensions (including any increase under the Pensions (Increase) Act 1971 , and

B is the weekly amount of any children’s allowances payable in respect of his death.

(4) The requisite benefit pension shall be calculated in accordance with Part V of Schedule 3.

(5) If—

(a) the deceased died while serving as a regular firefighter, and

(b) the amount of the capitalised value of the requisite benefit pension, as calculated by the Government Actuary, is less than that of his average pensionable pay,

the widow is entitled to a gratuity equal to the difference between those amounts.

C7 Spouse’s award where no other award payable

(1) This rule applies where a person by whom pension contributions have at any time been payable under rule G2 dies while serving as a regular firefighter—

(a) in the case of a man, before the end of the tax year preceding that in which he would have attained state pensionable age, or

(b) in the case of a woman, at any time,

leaving a surviving spouse, and neither rule C1 nor rule C2 nor rule C4 applies.

(2) Where this rule applies the surviving spouse is entitled—

(a) in respect of the first 13 weeks following the death, to a temporary pension calculated as if rule C6(2)(a) and (3) had applied, and

(b) to a gratuity of an amount equal to the deceased’s average pensionable pay.

C8 Limitation where spouses living apart

(1) A surviving spouse who at the time of the death was living apart from the deceased is not entitled to any award under rules C1 to C7.

(2) Except where paragraph (3) applies, a surviving spouse who but for paragraph (1) would be entitled to an award under rule C1, C2, C3 or C4 is entitled instead to a requisite benefit pension calculated in accordance with Part V of Schedule 3.

(3) Where—

(a) the surviving spouse would but for paragraph (1) be entitled to an award under rule C1, C2, C3 or C4, and

(b) at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse is entitled to a pension of the appropriate amount.

(4) Relevant contributions are contributions paid or payable—

(a) for the support of the spouse, or

(b) to the spouse for the support of a child of the spouse's,

the amount of which exceeds that of the requisite benefit pension that would otherwise be payable under paragraph (2).

(5) The appropriate amount is the lesser of—

(a) the amount of a pension calculated in accordance with, as the case may be, rule C1, C2, C3 or C4, and

(b) the amount of the relevant contributions.

(6) The fire authority may determine that, for such period as they think fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as they think fit.

(7) Where but for paragraph (1) the surviving spouse would be entitled to a gratuity, the fire authority may decide that the gratuity be paid in whole or part, as they think fit.

C9 Effect of remarriage

(1) A person entitled to a pension under this Part who remarries is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage is dissolved or the other party to it dies the fire authority may pay the whole or any part of the pension for such period after the dissolution or death as they think fit.

(2) Where a person entitled to a gratuity under this Part remarries any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage is dissolved or the other party to it dies the fire authority may pay the person the whole or any part of the outstanding amount.

D1 Child’s ordinary allowance

(1) This rule applies where a person dies, leaving a child—

(a) while serving as a regular firefighter, unless an election under rule G3 not to pay pension contributions had effect at the time of his death, or

(b) while in receipt of an ordinary, short service or ill-health pension, or

(c) while in receipt of an injury pension, if he has been but no longer is in receipt both of that pension and of an ill-health pension, or

(d) in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Subject to rule D5, where this rule applies the child is entitled to an ordinary allowance calculated, subject to Part II of Schedule 11 (calculation in certain cases where deceased serving or entitled to pension on 1st July 1973), in accordance with Part I of Schedule 4.

D2 Child’s special allowance

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule D5, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with Part II of Schedule 4.

D3 Child’s special gratuity

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse entitled to a gratuity under rule C2, and one of the conditions in rule C3(2) is satisfied.

(2) Subject to rule D5, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule C3(5) (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

D4 Child’s accrued allowance

(1) This rule applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a child.

(2) Subject to rule D5, where this rule applies the child is entitled to an accrued allowance calculated in accordance with Part III of Schedule 4.

D5 Child’s allowance or special gratuity — limitations

(1) No allowance or gratuity under this Part shall be paid—

(a) in respect of a child born on or after the relevant date who is not a child of a marriage that took place before that date, or

(b) by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place on or after the relevant date, or

(c) by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date, or

(d) by reason of his being an adopted child, in respect of a child adopted on or after the relevant date, or

(e) except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

(2) No allowance under this Part shall be paid in respect of a person who—

(a) has attained the age of 16 but has not attained the age of 17, and

(b) is in full-time employment,

unless the employment constitutes full-time training of at least one year’s duration for a trade, profession or calling (“full-time vocational training”).

(3) No allowance under this Part shall be paid in respect of a person who has attained the age of 17 unless—

(a) he is permanently disabled and one of the conditions in paragraph (4) is satisfied, or

(b) he is undergoing full-time education or full-time vocational training and either he has not attained the age of 19 or the condition in paragraph (5) is satisfied.

(4) The conditions mentioned in paragraph (3)(a) are—

(a) that he was both permanently disabled and substantially dependent on the deceased at the time of the death, or

(b) that he became permanently disabled while in receipt of an allowance under this Part, or

(c) that the fire authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him.

(5) The condition mentioned in paragraph (3)(b) is that he was undergoing full-time education or full-time vocational training immediately before his 19th birthday and either—

(a) he has since continued to do so without any period of interruption, or

(b) the fire authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him notwithstanding any period of interruption.

(6) Part IV of Schedule 4 has effect for the reduction, in certain circumstances, of allowances under this Part.

(7) No special gratuity under rule D3 shall be paid in respect of a person who attained the age of 17 before the date of the death unless at that date he was—

(a) undergoing full-time education or full-time vocational training, or

(b) both permanently disabled and substantially dependent on the deceased.

E1 Lump sum death grant

(1) On the death of a person while serving as a regular firefighter a lump sum death grant becomes payable unless an election under rule G3 not to pay pension contributions had effect at the time of the death.

(2) The grant is payable whether or not any pension or gratuity is payable under Part C.

(3) The amount of the grant is twice that of the deceased’s pensionable pay, expressed as an annual rate—

(a) at the time of the death, or

(b) if he was then absent from duty without pay, immediately before that absence began.

(4) The grant is to be paid—

(a) to any surviving spouse who qualifies for it, or

(b) if there is no such surviving spouse, to the personal representatives.

(5) A surviving spouse who qualifies for the grant is one who was not living apart from the deceased at the time of the death.

E2 Adult dependent relative’s special pension

(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a) a parent of the deceased, or

(b) a brother or sister of the deceased who had attained the age of 19 before the death, or

(c) a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the fire authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a) shall be calculated in accordance with Part I of Schedule 5, and

(b) is payable for such period or periods as the fire authority may, in their discretion, from time to time determine.

E3 Dependent relative’s gratuity

(1) This rule applies where a person dies—

(a) while serving as a regular firefighter, or

(b) while in receipt of a pension other than a deferred pension,

and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a) was substantially dependent on the deceased immediately before the death, and

(b) is not entitled to any award under this Scheme.

(3) If the fire authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this rule in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

E4 Payment of balance of contributions to estate

(1) This rule applies where a person dies—

(a) while in receipt of an ordinary, short service or ill-health pension, or

(b) while entitled to a deferred pension, or

(c) while serving as a regular firefighter,

and the aggregate of the relevant amounts is less than the amount of his aggregate pension contributions.

(2) Where paragraph (1)(a) or (b) applies, the relevant amounts are—

(a) the sums paid in respect of the pension mentioned in paragraph (1) “the pension”),

(b) if the pension was an ill-health pension and the deceased was also in receipt of an injury pension, the sums paid by way of pension and gratuity under rule B4,

(c) if the pension was reduced under rule B7 (commutation), the lump sum paid under that rule,

(d) if the pension was reduced under rule B9 (allocation), the sums that would otherwise have been paid in respect of the allocated portion,

(e) any gratuity payable in respect of the death, and

(f) the actuarial value, calculated from tables prepared from time to time by the Government Actuary, of any surviving spouse’s pension or child’s allowance payable in respect of the death.

(3) Where paragraph (1)(c) applies, the relevant amounts are those described in paragraph (2)(e) and (f).

(4) The fire authority shall pay the difference between the aggregate of the relevant amounts and the deceased’s aggregate pension contributions to his personal representatives.

E5 Gratuity in lieu of surviving spouse’s pension

(1) Where the amount of any pension payable under Part C to a widow, together with any increase under the Pensions (Increase) Act 1971 , does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 , the fire authority may in their discretion commute the pension for a gratuity.

(2) Subject to rule E7, where—

(a) the weekly amount of a pension payable under rule C1 or C2 to a widow exceeds her guaranteed minimum pension, and

(b) the deceased had not attained state pensionable age, and

(c) the fire authority are satisfied that there are sufficient reasons, and

(d) the widow consents,

the fire authority may in their discretion commute for a gratuity that part of the pension which is in excess of her guaranteed minimum pension, or so much of that part as may be commuted without contravening rule E7.

(3) Subject to rule E7, where—

(a) a widower is entitled to a pension under rule C1 or C2, and

(b) the fire authority are satisfied that there are sufficient reasons, and

(c) the widower consents,

the fire authority may in their discretion commute for a gratuity the pension or so much of it as may be commuted without contravening rule E7.

(4) A gratuity under this rule shall be calculated in accordance with Part II of Schedule 5.

E6 Gratuity in lieu of child’s allowance

(1) Subject to rule E7, where—

(a) a child is entitled to an allowance under Part D, and

(b) the fire authority are satisfied that there are sufficient reasons, and

(c) a surviving parent or the child’s guardian or, if he has neither, the child himself consents,

the fire authority may in their descretion commute for a gratuity the allowance or so much of it as may be commuted without contravening rule E7.

(2) A gratuity under this rule shall be calculated in accordance with Part III of Schedule 5.

E7 Limitation on discretion to commute pension or allowance for gratuity

(1) This rule applies where a person dies while in receipt of an ordinary, short service, ill-health or deferred pension (“the principal pension”).

(2) The fire authority may not under rule E5 or E6 commute the whole or a part of any pension or allowance for a gratuity the actuarial value of which exceeds the permitted amount.

(3) The permitted amount is A − B − C, where—

A is a quarter of the actuarial value of the principal pension, disregarding any reduction under rule B7 (commutation),

B is the actuarial value of any other gratuity under rule E5 or E6, and

C is the actuarial value of any lump sum paid under rule B7.

(4) The actuarial value of any pension, gratuity or lump sum is its actuarial value at the time of the deceased’s retirement as calculated by the Government Actuary.

(5) For the purposes of this rule no account shall be taken of an increase under rule I 2(3) or I 4 in an award to a serviceman.