- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Regulations 4(3), 6(2) and 8(2)
1.—(1) In this Schedule—
“beneficiary” means a person who has become entitled to receive any death benefit;
“child”, except in the term “eligible child”, means a person under the age of 18;
“death benefit” means a benefit payable under a firefighters’ pension scheme in relation to a member of that scheme who has died;
“election” means an opted-out service election, an immediate choice decision or a deferred choice decision;
“eligible decision-maker” means the person who may make—
an opted-out service election in accordance with regulation 6(2)(b);
an immediate choice decision in accordance with regulation 8(2)(b);
a deferred choice decision in accordance with regulation 12(2)(b).
“surviving partner” has the meaning given in regulation 84 of the 2015 Regulations.
(2) In this Schedule, a reference to—
(a)a beneficiary is a reference to—
(i)a person who is a beneficiary of death benefits in relation to M’s remediable service as a firefighter, or
(ii)where the benefits in relation to M’s remediable service as a firefighter are legacy scheme benefits, a person who would be a beneficiary of death benefits in relation to M’s remediable service as a firefighter if the benefits in relation to that service were reformed scheme benefits;
(b)an eligible child is a reference to an eligible child of M;
(c)M is a reference to the remedy member in respect of whose remediable service as a firefighter an election may be made;
(d)a surviving partner is a reference to a surviving partner in relation to M.
2. Where a person is—
(a)the sole beneficiary, and
(b)an adult,
the eligible decision-maker is that person.
3. Where a person (“C”) is—
(a)the sole beneficiary, and
(b)a child,
the eligible decision-maker is C’s parent or guardian.
4. Where a body (whether corporate or unincorporate) is the sole beneficiary, the eligible decision-maker is—
(a)M’s personal representative, or
(b)where M has no personal representative, the scheme manager.
5. Where M’s estate is the sole beneficiary, the eligible decision-maker is M’s personal representative.
6. Where—
(a)two or more adults are the only beneficiaries, and
(b)one of those adults is a surviving partner (“A”),
the eligible decision-maker is A.
7.—(1) Where—
(a)two or more adults are the only beneficiaries,
(b)none of those adults is a surviving partner, and
(c)two or more of those adults are eligible children,
the eligible decision-maker is determined in accordance with sub-paragraph (2).
(2) The eligible decision-maker is—
(a)the person agreed upon by the adult eligible children, or
(b)where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager.
8.—(1) Where—
(a)two or more adults (the “nominated adults”) are beneficiaries of a lump sum death benefit, and
(b)none of the following are beneficiaries—
(i)a surviving adult, or
(ii)an eligible child (whether or not an adult),
the eligible decision-maker is determined in accordance with sub-paragraph (2).
(2) The eligible decision-maker is—
(a)M’s personal representative;
(b)where M has no personal representative, the person agreed upon by the nominated adults;
(c)where—
(i)M has no personal representative, and
(ii)no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager,
the scheme manager.
9. Where the only beneficiaries are children, two or more of which are eligible children, the eligible decision-maker is—
(a)where one person has parental responsibility for all the eligible children, that person;
(b)otherwise—
(i)M’s personal representative, or
(ii)where M has no personal representative, the scheme manager.
10. Where the only beneficiaries of lump sum death benefits are two or more children who are not eligible children, the eligible decision-maker is—
(a)where one person has parental responsibility for all the children, that person;
(b)otherwise—
(i)M’s personal representative, or
(ii)where M has no personal representative, the scheme manager.
11.—(1) Where the beneficiaries include one or more adults and one or more children—
(a)M’s personal representative is the eligible decision-maker;
(b)where M has no personal representative, and—
(i)one of the beneficiaries is a surviving partner, that surviving partner is the eligible decision-maker;
(ii)none of the beneficiaries is a surviving partner and—
(aa)one or more of the beneficiaries is an eligible child, or
(bb)none of the beneficiaries is an eligible child,
the eligible decision-maker is determined in accordance with sub-paragraph (2).
(2) Where sub-paragraph (1)(b)(ii) applies, and—
(a)all relevant children are under 18 and—
(i)have the same guardian, the eligible-decision maker is that guardian;
(ii)do not have the same guardian, the eligible decision-maker is the scheme manager;
(b)all relevant children are 18 or over, the eligible decision-maker is—
(i)the person agreed upon by those relevant children, or
(ii)where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manger;
(c)one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—
(i)the relevant children who are 18 or over, and
(ii)the guardian (or guardians) of the relevant children who are under 18.
(3) In sub-paragraph (2), a relevant child is—
(a)where sub-paragraph (1)(b)(ii)(aa) applies, an eligible child;
(b)where sub-paragraph (1)(b)(ii)(bb) applies, a person who meets one of the conditions in regulation 93(3) to (5) of the 2015 Regulations.
12. In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys