{
  "url": "https://openlegislation.uk/firefighters-pension-wales-scheme-amendment-order-2006/schedule-1/paragraph-83",
  "json_url": "https://openlegislation.uk/firefighters-pension-wales-scheme-amendment-order-2006/schedule-1/paragraph-83.json",
  "legislation": "wsi/2006/1672",
  "legislation_title": "The Firefighters' Pension (Wales) Scheme (Amendment) Order 2006",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-wales-scheme-amendment-order-2006",
  "path": "schedule/1/paragraph/83",
  "kind": "paragraph",
  "number": "83",
  "heading": null,
  "text": "In Schedule 3 (awards on death— spouses)—\n(a) in Part II (spouse’s special pension), in paragraph 2(2), for “member of a brigade”, substitute “employee of a fire and rescue authority”;\n(b) for Part IV (pension for widow of post-retirement marriage), substitute—\n“PART IV\nPENSION FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE\n1 (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.\n(2) For the purposes of this paragraph, paragraph 1 of Part I has effect—\n(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\n(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.\n2 (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.\n(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—\n(a) the appropriate proportion of the deferred pension, and\n(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 5 April 1978 (“relevant pensionable service”).\n(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.\n(4) In making the calculation mentioned in sub-paragraph (3)—\n(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\n(b) in relation to B, C and D only pensionable service after 5 April 1978 shall be counted.\n3 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\n(c) in Part V (spouse’s requisite benefit pension), in paragraph 3, for “member of a brigade”, substitute “employee of a fire and rescue authority”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2006/1672/schedule/1/paragraph/83",
    "retrieved_at": "2026-10-29T00:03:28.502630+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}