Paragraph 11

for rule 1 (authorities responsible for payment of awards) substitute–

“Authorities responsible for payment of awards

1

(1)

Subject to paragraph (2), an award payable under this Scheme to or in respect of a person by reason of the person having received an injury while employed by a fire and rescue authority is payable by the authority by whom the person was employed when the person received the injury.

(2)

Subject to paragraph (3), where–

(a)

an award is payable in respect of a qualifying injury sustained by a person who is employed by more than one authority; and

(b)

the injury is of such a nature that it cannot be attributed solely to one employment,

the award shall be paid–

(i)

by such one of the person’s employing authorities as may be agreed;

(ii)

by each of them, in such proportion as may be agreed; or

(iii)

in default of agreement, in equal proportions.

(3)

An award payable to a person in respect of a qualifying injury sustained in the course of the person’s employment with one authority and a different qualifying injury sustained in the course of the person’s employment with another authority shall be paid–

(a)

by such one of the person’s employing authorities as may be agreed;

(b)

by each of them, in such proportion as may be agreed; or

(c)

in default of agreement, in equal proportions.”;

in rule 3 (prevention of duplication)–

for rules 4 and 5 substitute–

“Prevention of duplication: other injury awards for persons who are both regular and retained firefighters

4

(1)

In this rule–

• “B3 award” means an ill health award under rule B3 of the 1992 Scheme;

• “injury award” means an injury award under Part 2 of this Scheme;

• “Part 8 award” means an injury award which is payable by virtue of rule 2 of Part 8 of this Scheme; and

• “rule 2 award” means an ill health pension under rule 2 of Part 3 of the 2006 Scheme.

(2)

This paragraph applies to a person employed as both a regular firefighter and a retained firefighter (whether by the same fire and rescue authority or by different fire and rescue authorities) who–

(a)

in respect of the person’s retained employment, is not a member of the 2006 Scheme; and

(b)

is entitled–

(i)

from the fire and rescue authority which employs the person as a regular firefighter, to an injury award, a B3 award, a rule 2 award, or more than one of those awards; and

(ii)

from the fire and rescue authority which employs the person as a retained firefighter, to a Part 8 award.

(3)

The fire and rescue authority which employs a person to whom paragraph (2) applies as a regular firefighter shall pay the B3 award in full or, as the case may be, the rule 2 award and, subject to paragraph (4), the authority which employs the person as a retained firefighter shall pay only the injury element of the Part 8 award.

(4)

Where the amount of the B3 award or, as the case may be, the rule 2 award is less than the amount which, but for paragraph (3), would have been paid to the person as the ill health element of the Part 8 award, the fire and rescue authority which employs the person as a retained firefighter shall pay the person an amount equal to the amount of the difference.

(5)

A firefighter who is entitled to both an injury award and a Part 8 award shall receive, in respect of those awards, a single award of an amount equal to the injury award or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.

Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters

5

(1)

This rule applies where–

(a)

a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment);

(b)

a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and

(c)

in consequence of the person’s death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).

(2)

The descriptions mentioned in this paragraph are–

(a)

a spouse’s or civil partner’s special award under rule 1 of Part 3;

(b)

a spouse’s or civil partner’s augmented award under rule 2 of that Part;

(c)

a child’s special allowance under rule 1 of Part 4; and

(d)

a child’s special gratuity under rule 2 of that Part.

(3)

The descriptions mentioned in this paragraph are–

(a)

a spouse’s or civil partner’s ordinary pension under rule C1 of the 1992 Scheme;

(b)

a spouse’s or civil partner’s accrued pension under rule C4 of that Scheme;

(c)

a spouse’s or civil partner’s requisite benefit and temporary pension under rule C6 of that Scheme;

(d)

a spouse’s or civil partner’s award under rule C7 of that Scheme (award where no other award is payable);

(e)

a child’s ordinary allowance under rule D1 of that Scheme; and

(f)

a child’s accrued allowance under rule D4 of that Scheme.

(4)

The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

(5)

Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to that person by way of an award of a description in paragraph (2), the fire and rescue authority which employed the deceased as a retained firefighter shall pay an amount equal to the amount of the difference.”.