Paragraph 83

in Part II (spouse’s special pension), in paragraph 2(2), for “member of a brigade”, substitute “employee of a fire and rescue authority”;

for Part IV (pension for widow of post-retirement marriage), substitute—

“PART IV

PENSION FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE

1.

(1)

Where the surviving spouse would otherwise have been entitled to an ordinary pension under rule C1, a special award under rule C2 or an augmented award under rule C3, the amount of his pension under rule C5 shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part I of this Schedule in the same way as that of an ordinary pension.

(2)

For the purposes of this paragraph, paragraph 1 of Part I has effect—

(a)

as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)

where the surviving spouse would otherwise have been entitled to a special award under rule C2 or an augmented award under rule C3, as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.

(1)

Where the surviving spouse would otherwise have been entitled to an accrued pension under rule C4, the amount of his pension under rule C5 shall, subject to sub-paragraph (2), be calculated in accordance with Part III of this Schedule in the same way as that of an accrued pension.

(2)

For the purposes of this paragraph, paragraph 2 of Part III has effect as if references to the deceased’s deferred pension were references to the greater of—

(a)

the appropriate proportion of the deferred pension, and

(b)

subject to sub-paragraph (3), 1/160th of the deceased’s average pensionable pay multiplied by the period in years of so much of his pensionable service as is reckonable by virtue of service or employment after 5th April 1978 (“relevant pensionable service”).

(3)

Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount at sub-paragraph (2)(b) shall be calculated using the formula in paragraph 2 of Part VIA of Schedule 2.

(4)

In making the calculation mentioned in sub-paragraph (3)—

(a)

for the value of A there shall be substituted “A is the amount calculated under paragraph 2(2)(b) of Part IV of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority”; and

(b)

in relation to B, C and D only pensionable service after 5th April 1978 shall be counted.

3.

The appropriate proportion mentioned in paragraphs 1 and 2 is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service”; and

in Part V (spouse’s requisite benefit pension), in paragraph 3, for “member of a brigade”, substitute “employee of a fire and rescue authority”.