The Firefighters' Pension Scheme (Wales) Order 2007

PART 7 RESERVISTS

Interpretation of Part 7

1.  In this Part—

“the 1996 Act” (“Deddf 1996”) means the Reserve Forces Act 1996(1);

“forces period” (“cyfnod yn y lluoedd”) means the period during which a person undertakes relevant service in the reserve forces;

“former authority” (“cyn awdurdod”), in relation to a reservist, means the authority by which the reservist was employed immediately before the reservist’s forces period began;

“qualifying injury” (“anaf cymhwysol”) means an injury, received by a person in the performance of the person’s duties as a firefighter, which is not wholly or mainly due to the person’s own serious and culpable negligence or misconduct;

“relevant service in the reserve forces” (“gwasanaeth perthnasol yn y lluoedd wrth gefn”) means service in the forces specified in section 1(2) of the 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(2) or Part 7 of the 1996 Act; and

“reservist” (“person wrth gefn”) means a person who, immediately before a forces period, was a firefighter.

Continuity of employment

2.—(1) For the purposes of this Scheme, a reservist must be treated as having continued, throughout the reservist’s forces period—

(a) to be a firefighter; and

(b) for the purposes of the reservist’s pensionable service under Part 10, to be employed by the reservist’s former authority.

(2) Where before a reservist’s forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, the reservist’s forces period is not reckonable as pensionable service unless the contributions payable in respect of it are paid (whether during the reservist’s forces period or, if the authority have agreed that contributions may be discontinued as mentioned in paragraph (2) of rule 8 of Part 11 (discontinuance period not exceeding six months), in accordance with that paragraph).

(3) For the purposes of calculating the amount of a reservist’s pension contributions under rule 3 of Part 11—

(a) the pay that the reservist would have received from the reservist’s former authority during the reservist’s forces period must be regarded as the reservist’s pay for that period (the reservist’s “notional pay”); and

(b) in respect of any period during the reservist’s forces period in which the aggregate of—

(i) the reservist’s actual pay; and

(ii) any payments the reservist receives under section 4 of the 1996 Act

is less than the reservist’s notional pay for that first-mentioned period,

the reservist must be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions)(3).

Awards on death or permanent disablement

3.—(1) A reservist who, at the end of that reservist’s forces period, is permanently disabled(4) for performing the duties of a firefighter by reason of an infirmity that—

(a) is unrelated to any injury received during the reservist’s forces period; and

(b) is not a qualifying injury,

is entitled to an award under rule 2 of Part 3 (award on ill-health retirement).

(2) Where a reservist dies—

(a) during the reservist’s forces period;

(b) from the effects of an injury which rendered the reservist incapable of performing the duties of a firefighter; or

(c) while receiving a pension under this Scheme,

an award is payable in accordance with paragraph (3) and (4).

(3) Where the reservist’s death —

(a) is not the result of a qualifying injury, and

(b) occurs during the reservist’s forces period,

a survivor’s pension under Chapter 1 of Part 4 is payable to the reservist’s spouse, civil partner or nominated partner (as the case may be) as if the reservist were a firefighter member entitled as mentioned in rule 1(a) of that Part.

(4) Where the reservist’s death occurs during the reservist’s forces period and is not the result of a qualifying injury —

(a) a child pension is payable under Chapter 2 of Part 4 as if—

(i) the reservist were a firefighter member who died while employed by an authority; and

(ii) paragraph (1)(c), (2) and (3) of rule 8 were omitted; and

(b) a death grant is payable under rule 1 of Part 5.

Reservists who do not resume employment with their former authority

4.  A reservist who does not resume employment with that reservist’s former authority within one month of the end of the reservist’s forces period must be treated as having left the authority’s employment at the end of the reservist’s forces period.

(1)

1996 c. 14.

(2)

1980 c. 9.

(3)

See, as to pension payments, regulation 5 of the Reserve Forces (Call-out and Recall)(Financial Assistance) Regulations 2005 (S.I. 2005/859).

(4)

See rule 3 of Part 1.