# The Firefighters' Pension Scheme (Wales) (Amendment) Order 2009, Paragraph 9


In Part 11 (pensionable pay, pension contributions and purchase of additional service)—
(a) in rule 1 (pensionable pay)—
(i) in paragraph (1), for the words from “other than” to the end of sub-paragraph (a), substitute “except any allowance or emoluments paid to the firefighter member on a temporary basis, other than payments in respect of the firefighter member’s continual professional development (see rule 7B of Part 3), and”; and
(ii) in paragraph (5), for “December” (in both places), substitute “September”;
(b) in rule 2 (final pensionable pay)—
(i) after paragraph (1), insert—
“(1A) Where the pensionable pay received by a firefighter member in respect of the 365 pensionable pay days referred to in paragraph (1) includes an amount in respect of the firefighter member’s continual professional development (see rule 7B of Part 3), that amount must be disregarded for the purpose of ascertaining the firefighter member’s final pensionable pay.”;
(ii) in paragraph (2)(a)(i), omit the words after “higher rate”;
(iii) after paragraph (5) insert—
“(5A) The final pensionable pay of a firefighter member who—
(a) is entitled to a long service increment; and
(b) retires after 30 September 2006 and before 1 October 2007, or becomes entitled to a deferred pension under rule 3 of Part 3 within that period,
must be calculated—
(i) as if the firefighter member’s long service increment had accrued at the rate of £990 per annum (disregarding the reduction that had effect in relation to times on and after 1 October 2006), and
(ii) disregarding any LS-related payment.
(5B) The final pensionable pay of a firefighter member who—
(a) retires or becomes entitled to a deferred pension on or after 1 October 2007, and
(b) is entitled to additional pension benefit under rule 7A of Part 3 (additional pension benefit: long service),
must be calculated taking into account whichever of the following paragraphs yields the greater amount—
(i) the calculation is made with regard to the amount credited to the firefighter member under rule 7A of Part 3 but without regard to the firefighter member’s long service increment and any LS-related payment, or
(ii) the calculation is made with regard to the firefighter member’s long service increment and any LS-related payment, but without regard to the amount credited to the firefighter member under rule 7A of Part 3.
(5C) In paragraphs (5A) and (5B) “LS-related payment” (“taliad perthynol i GH”) means an interim or transitional payment connected with a firefighter member’s long service.”;
(c) for paragraph (6), substitute—
“(6) The final pensionable pay of a retained or volunteer firefighter must be determined by reference to the final pensionable pay of a regular firefighter employed in a similar role and with equivalent qualifying service.”.

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Source: https://www.legislation.gov.uk/wsi/2009/1225/schedule/paragraph/9 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-wales-amendment-order-2009/schedule/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.