Paragraph 1 Pensions for surviving spouses, civil partners and nominated partners
Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:
- Sch. 1 Annex 1(7) inserted by Firefighters' Pension Scheme (Transitional and Consequential Provisions) 2015 Sch. 2 para. 8
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(a)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(b)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(c)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(d)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(e)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(f)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(g)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(h)
- Sch. 1 Scheme Sch. 1 Pt. 1 rule 2(1) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 1(1)(i)
- Sch. 1 Scheme Sch. 1 Pt. 2 rule 1(11) inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 2(2)
- Sch. 1 Scheme Sch. 1 Pt. 2 rule 2A(2) words substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 2(3)(a)
- Sch. 1 Scheme Sch. 1 Pt. 2 rule 2A(2) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 2(3)(b)
- Sch. 1 Scheme Sch. 1 Pt. 11 rule 5A(1) word omitted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 3(2)
- Sch. 1 Scheme Sch. 1 Pt. 11 rule 6A(2) word inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 3(3)(a)
- Sch. 1 Scheme Sch. 1 Pt. 11 rule 6A(14)(15) inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 3(3)(b)
- Sch. 1 Scheme Sch. 1 Pt. 11 rule 6B(2) words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 3(4)
- Sch. 1 Scheme Annex AB1 para. 6 table words inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 6(1)
- Sch. 1 Scheme Annex AB1 para. 6 table inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 6(2)
- Sch. 1 Scheme Sch. 1 Pt. 11 rule 6C inserted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 3(5)
- Sch. 1 Scheme Annex ZA table substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 4
- Sch. 1 Scheme Annex A1 para. 5 Table substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 Sch. 2 para. 5
- Sch. 1 Scheme Annex ZA inserted by Firefighters' Pension Scheme 2014 Sch. para. 13(1)
- Sch. 1 Annex A1 para. 5 Table substituted by Firefighters' Pension Scheme 2013 art. 4
- Sch. 1 Scheme Pt. 2 rule 1(1A)-(1C) inserted by London Government (London Fire Commissioner and Policing) 2018 Sch. para. 11(2)
- Sch. 1 Scheme Pt. 2 rule 1(2) words inserted by London Government (London Fire Commissioner and Policing) 2018 Sch. para. 11(3)(a)
- Sch. 1 Scheme Pt. 2 rule 1(2) word inserted by London Government (London Fire Commissioner and Policing) 2018 Sch. para. 11(3)(b)
- sch 1 am by Firefighters’ Pension Scheme 2008 art 2, schedule
- Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
- Sch. 1 Annex A1 inserted by Firefighters' Pension Scheme 2012 art. 4
- Sch. 1 Scheme Annex 2 para. 4(3)(a) words inserted by Firefighters’ Pension Scheme 2013 Sch. para. 8(a)
- Sch. 1 Scheme Annex 2 para. 8A inserted by Firefighters’ Pension Scheme 2013 Sch. para. 8(b)
- Sch. 1 Scheme Annex 2 para. 10(3) substituted by Firefighters’ Pension Scheme 2013 Sch. para. 8(c)
- Sch. 1 Scheme Annex A1 para. 5 substituted by Firefighters' Pension Scheme 2014 Sch. para. 14(2)
- Sch. 1 Scheme Annex A1 para. 5 Table substituted by Firefighters' Pension Scheme 2014 Sch. para. 14(3)
- Sch. 1 Scheme Annex AB1 inserted by Firefighters' Pension Scheme 2014 Sch. para. 15
- Sch. 1 Scheme Annex 1 para. 4-6 inserted by Firefighters' Pension Scheme 2014 Sch. para. 16
- Sch. 1 Scheme Annex 3 inserted by Firefighters' Pension Scheme 2014 Sch. para. 17
- Sch. 1 Table of Contents words substituted by Police and Firefighters’ Pensions 2018 reg. 43(1)
- Sch. 1 rule 7(3A) inserted by Police and Firefighters’ Pensions 2018 reg. 44(b)
- Sch. 1 Pt. 4 Ch. 1 heading words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(a)
- Sch. 1 Pt. 4 rule 1 heading words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(a)
- Sch. 1 Pt. 4 rule 1(1) words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(b)
- Sch. 1 Pt. 4 rule 1(2) words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(b)
- Sch. 1 Pt. 4 rule 1(3) words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(b)
- Sch. 1 Pt. 4 rule 5 heading words substituted by Police and Firefighters’ Pensions 2018 reg. 43(5)(c)
- Sch. 1 Pt. 12(5) words inserted by Firefighters’ Pension Schemes 2023 Sch. para. 7(4)
- Sch. 1 Pt. 12(8) words inserted by Firefighters’ Pension Schemes 2023 Sch. para. 7(7)
- Sch. 1 Scheme Pt. 3 rule 7A-7C inserted by Firefighters’ Pension Scheme 2008 Sch. para. 4(f)
- Sch. 1 Scheme Pt. 1 rule 2(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 1(a)
- Sch. 1 Scheme Pt. 1 rule 2(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 1(b)
- Sch. 1 Scheme Pt. 1 rule 2(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 1(c)
- Sch. 1 Scheme Pt. 2 rule 1(1) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 2(a)(i)
- Sch. 1 Scheme Pt. 2 rule 1(1)(b)(i) word added by Firefighters’ Pension Scheme 2008 Sch. para. 2(a)(ii)
- Sch. 1 Scheme Pt. 2 rule 1(1)(b)(iii) and word omitted by Firefighters’ Pension Scheme 2008 Sch. para. 2(a)(iii)
- Sch. 1 Scheme Pt. 2 rule 1(5)(a) words added by Firefighters’ Pension Scheme 2008 Sch. para. 2(b)
- Sch. 1 Scheme Pt. 2 rule 1(5)(b) words added by Firefighters’ Pension Scheme 2008 Sch. para. 2(b)
- Sch. 1 Scheme Pt. 2 rule 1(5)(c) words added by Firefighters’ Pension Scheme 2008 Sch. para. 2(b)
- Sch. 1 Scheme Pt. 2 rule 1(6) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 2(c)
- Sch. 1 Scheme Pt. 2 rule 1(7) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 2(d)(i)
- Sch. 1 Scheme Pt. 2 rule 1(7) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 2(d)(ii)
- Sch. 1 Scheme Pt. 2 rule 1(8) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 2(e)
- Sch. 1 Scheme Pt. 2 rule 1(9) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 2(f)
- Sch. 1 Scheme Pt. 2 rule 1(10) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 2(g)
- Sch. 1 Scheme Pt. 2 rule 2(1)(b) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 3(a)
- Sch. 1 Scheme Pt. 2 rule 5(1A) inserted by Firefighters’ Pension Scheme 2008 Sch. para. 3(b)
- Sch. 1 Scheme Pt. 3 rule 2(3) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 4(a)(i)
- Sch. 1 Scheme Pt. 3 rule 2(4) added by Firefighters’ Pension Scheme 2008 Sch. para. 4(a)(ii)
- Sch. 1 Scheme Pt. 3 rule 4(2) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(b)
- Sch. 1 Scheme Pt. 3 rule 5(5)(a) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(c)
- Sch. 1 Scheme Pt. 3 rule 6(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(d)
- Sch. 1 Scheme Pt. 3 rule 7(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(e)(i)
- Sch. 1 Scheme Pt. 3 rule 7(4) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(e)(ii)
- Sch. 1 Scheme Pt. 3 rule 8(1)(b) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(g)
- Sch. 1 Scheme Pt. 3 rule 9(8A)-(8C) inserted by Firefighters’ Pension Scheme 2008 Sch. para. 4(h)(i)
- Sch. 1 Scheme Pt. 3 rule 9(9)(b) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(h)(ii)
- Sch. 1 Scheme Pt. 3 rule 10(1) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 4(i)
- Sch. 1 Scheme Pt. 3 rule 11 words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 4(j)
- Sch. 1 Scheme Pt. 4 Ch. 1 rule 2 words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 5(a)
- Sch. 1 Scheme Pt. 4 Ch. 2 rule 7(3) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 5(b)
- Sch. 1 Scheme Pt. 4 Ch. 2 rule 7(4) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 5(b)
- Sch. 1 Scheme Pt. 5 rule 1(4) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 6(a)(i)
- Sch. 1 Scheme Pt. 5 rule 1(8)(b) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 6(a)(ii)
- Sch. 1 Scheme Pt. 5 rule 1(9) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 6(a)(iii)
- Sch. 1 Scheme Pt. 5 rule 2(1)(i) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 6(b)(i)
- Sch. 1 Scheme Pt. 5 rule 2(1)(ii) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 6(b)(ii)
- Sch. 1 Scheme Pt. 5 rule 2(1)(ii) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 6(b)(ii)
- Sch. 1 Scheme Pt. 6 rule 3(2) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 7(a)
- Sch. 1 Scheme Pt. 6 rule 5(1)(b)(ii) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 7(b)
- Sch. 1 Scheme Pt. 6 rule 6 added by Firefighters’ Pension Scheme 2008 Sch. para. 7(c)
- Sch. 1 Scheme Pt. 7 rule 2(2) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 8(a)(i)
- Sch. 1 Scheme Pt. 7 rule 2(3)(4) substituted for Sch. 1 Scheme Pt. 7 rule 2(3) by Firefighters’ Pension Scheme 2008 Sch. para. 8(a)(ii)
- Sch. 1 Scheme Pt. 7 rule 3(2) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 8(b)
- Sch. 1 Scheme Pt. 8 rule 3(1)(b)(i) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 9(a)
- Sch. 1 Scheme Pt. 8 rule 4(4)(b) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 9(b)
- Sch. 1 Scheme Pt. 10 rule 1(b)(iv) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 10(a)
- Sch. 1 Scheme Pt. 10 rule 2(1)(d) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 10(b)(i)
- Sch. 1 Scheme Pt. 10 rule 2(1)(d) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 10(b)(i)
- Sch. 1 Scheme Pt. 10 rule 2(6)(b) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 10(b)(ii)
- Sch. 1 Scheme Pt. 10 rule 4(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 10(c)(i)
- Sch. 1 Scheme Pt. 10 rule 4(2) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 10(c)(ii)
- Sch. 1 Scheme Pt. 11 rule 1(1) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 11(a)(i)
- Sch. 1 Scheme Pt. 11 rule 1(5) word substituted by Firefighters’ Pension Scheme 2008 Sch. para. 11(a)(ii)
- Sch. 1 Scheme Pt. 11 rule 2(1A) inserted by Firefighters’ Pension Scheme 2008 Sch. para. 11(b)(i)
- Sch. 1 Scheme Pt. 11 rule 2(2)(a)(i) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 11(b)(ii)
- Sch. 1 Scheme Pt. 11 rule 2(4) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 11(b)(iii)
- Sch. 1 Scheme Pt. 11 rule 2(5A)-(5C) inserted by Firefighters’ Pension Scheme 2008 Sch. para. 11(b)(iv)
- Sch. 1 Scheme Pt. 11 rule 2(6) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 11(c)
- Sch. 1 Scheme Pt. 11 rule 9(1)(a) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 11(d)
- Sch. 1 Scheme Pt. 12 rule 4(6)(a) words substituted by Firefighters’ Pension Scheme 2008 Sch. para. 12(a)(i)
- Sch. 1 Scheme Pt. 12 rule 4(6)(a) word omitted by Firefighters’ Pension Scheme 2008 Sch. para. 12(a)(ii)
- Sch. 1 Scheme Pt. 12 rule 9(2)(a) words omitted by Firefighters’ Pension Scheme 2008 Sch. para. 12(b)
- Sch. 1 Scheme Pt. 12 rule 10(3)(a) omitted by Firefighters’ Pension Scheme 2008 Sch. para. 12(c)
- Sch. 1 Scheme Pt. 12 rule 12(1)(a) word inserted by Firefighters’ Pension Scheme 2008 Sch. para. 12(d)(i)(aa)
- Sch. 1 Scheme Pt. 12 rule 12(1)(c) and word omitted by Firefighters’ Pension Scheme 2008 Sch. para. 12(d)(i)(bb)
- Sch. 1 Scheme Pt. 12 rule 12 words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 12(d)(ii)
- Sch. 1 Scheme Pt. 13 rule 2(5) substituted by Firefighters’ Pension Scheme 2008 Sch. para. 13(a)
- Sch. 1 Scheme Pt. 13 rule 3(4) substituted for Sch. 1 Scheme Pt. 13 rule 3(4)(5) by Firefighters’ Pension Scheme 2008 Sch. para. 13(b)
- Sch. 1 Scheme Pt. 14 rule 1(1) word omitted by Firefighters’ Pension Scheme 2008 Sch. para. 14
- Sch. 1 Scheme Annex 1 para. 1(2) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 15(a)(i)
- Sch. 1 Scheme Annex 1 para. 1(2) word inserted by Firefighters’ Pension Scheme 2008 Sch. para. 15(a)(ii)
- Sch. 1 Scheme Annex 1 para. 1(3) words inserted by Firefighters’ Pension Scheme 2008 Sch. para. 15(b)
Subject to the following provisions of this rule, a pension is payable on the death of—
a firefighter member who satisfies an eligibility condition and dies while employed by an authority; or
a former firefighter member who—
has been awarded a deferred pension under rule 3 of Part 3 which has not come into payment,
is in receipt of a deferred pension under that rule; or
is in receipt of a pension under any of rules 1, 2, 5 and 6 of Part 3,
to the deceased’s spouse, civil partner or nominated partner for the remainder of his life (a “survivor’s pension”).
A survivor’s pension is not payable if the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the murder of the deceased; but this is subject to paragraph (4).
Subject to paragraph (5), where the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the manslaughter of the deceased, the authority may, as they think fit, withhold the survivor’s pension—
in whole or in part, and
permanently or temporarily.
Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—
a survivor’s pension shall be payable from the day after that on which the deceased died, and
the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.
Where—
a conviction of the description mentioned in paragraph (3) is quashed on appeal, and
the authority have withheld any part of the survivor’s pension,
the authority’s decision under paragraph (3) shall be treated as revoked and they shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.
Nothing in paragraph (4) or (5) shall affect the application of paragraph (2) or (3) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.