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Paragraph 5 Death of retained or volunteer firefighter before Firefighters’ Pension Scheme (England) Order 2006 in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies where a retained or volunteer firefighter dies on or after 6th April 2006 and before the Firefighters’ Pension Scheme (England) Order 2006 comes into force.

(2)

Chapters 1 and 2 of Part 4 of this Scheme (survivors’ pensions), rule 1 of Part 5 of this Scheme (death grant) and rule 3 of Part 11 (pension contributions) shall have effect in respect of him as if—

(a)

he had become a member of this Scheme—

(i)

where he was employed by an authority immediately before 6th April 2006, on that date,

(ii)

in any other case, on the date on which he took up employment with the authority;

(b)

he had not made a contributions election; and

(c)

his qualifying service and his pensionable service began on whichever is the later of—

(i)

the date on which he took up employment, and

(ii)

6th April 2006,

and ended on the date of his death.

(3)

Where—

(a)

in anticipation of the coming into force of this Scheme, he nominated a nominated partner, and

(b)

the nomination was received and accepted by the authority before he died.

his nominated partner shall be entitled to the same benefits under this Scheme as if the nomination had effect for the purposes of this Scheme.

(4)

The authority shall deduct from the death grant payable by virtue of paragraph (2) the amount of the pension contributions that would have been payable under rule 3 of Part 11; and rule 1 of that Part shall have effect for determining his pensionable pay for that purpose.

(5)

The authority shall notify the personal representatives of the amount deducted.