PART 7ARESERVISTS

Interpretation of Part 7A1

1

This Part applies to a person who—

a

on or after 6th April 2006—

i

takes up employment with the Board , or

ii

having been employed by the Board before that date, becomes a member of the New Firefighters’ Pension Scheme; and

b

immediately before undertaking relevant service in the reserve forces, is employed by the Board 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 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 Act9—

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 198010 or Part 7 of the Reserve Forces Act 1996.

Awards to reservists2

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) 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 Board may—

a

pay him, instead of an ill health pension under article 12 of the New Firefighters’ Pension 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 6A has effect for limiting increases under paragraph (3)(b).

Awards on death of reservists3

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.

3

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

Reservists who resume service as firefighters4

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.