Paragraph 3 I1

Part 5 (awards on death) is amended as follows.

In article 35B (death grant for extended limited period)^f1—

In article 35C (additional death grant)^f2—

After article 36 (post-retirement death grant) insert—

“Missed pension lump sum grant

36A.

(1)

This article applies where a person—

(a)

would have been a special firefighter member if, within the period required by article 66B(1) or (12) (election to purchase service during the limited period or the extended limited period: supplemental provision) of Part 11, he had elected to pay the mandatory special period pension contribution and had become a special member, or but for his death he could have made such an election and become a special member;

(b)

would have been eligible to receive payments in respect of special pensionable service;

(c)

died between 7th April 2000 and 1st September 2027 inclusive; and

(d)

in the case of a person who died between 7th April 2000 and 5th April 2006 inclusive, was not employed as a retained firefighter at the time of his death.

(2)

An application for a missed pension lump sum grant may be made by—

(a)

the spouse or civil partner of the deceased; or

(b)

if the deceased was not married or in a civil partnership at the time of his death, or where his spouse or civil partner has died since the deceased’s death—

(i)

a child of the deceased; or

(ii)

if the deceased did not have children at the time of his death, or where his children have died since the deceased’s death, the persons who are beneficially entitled to the personal estate of the deceased.

(3)

Subject to paragraph (6), the missed pension lump sum grant is a lump sum equal to the value, together with interest, of the pension payments (“the past pension payments”) the deceased would have received up to the date of his death if, at the date of his death, he had been a member of this Scheme who had made contributions equivalent to his contributions under article 66A and 66B of Part 11.

(4)

When calculating the amount of the missed pension lump sum grant under paragraph (3), it is to be assumed that the deceased would have elected to commute one quarter of the pension calculated in accordance with that paragraph.

(5)

The interest payable in accordance with paragraph (3) must be calculated in accordance with article 11A(9) (special member’s ordinary pension) of Part 3.

(6)

The amount of the missed pension lump sum grant must be reduced by the amount of the deceased’s contributions under articles 66A and 66B of Part 11.

(7)

Any application for a grant under this article must—

(a)

be made in writing to the Board;

(b)

be made by the spouse, civil partner, child or personal representative of the deceased, as applicable;

(c)

confirm the date on which the deceased took up employment as a retained firefighter;

(d)

where the deceased left that employment, confirm the date on which he left;

(e)

where the deceased took up employment as a regular firefighter, confirm the date on which he took up that employment;

(f)

where the deceased joined this Scheme as a standard member or joined the FPS, confirm the date on which he joined the Scheme and, if it was the case, the date on which he made an election not to pay pension contributions under article 8 of Part 2 of this Scheme or under article 59 of the FPS (as applicable); and

(g)

provide a copy of the deceased’s death certificate.

(8)

Where the Board is not able to determine the period of the deceased’s service and the Board does not hold records of the deceased’s pay for that period, and the person making the application cannot provide the Board with the necessary documents, the Board may—

(a)

determine the deceased’s pensionable pay for that period from the records which it holds and its local experience, or

(b)

apply the default assumption if a determination under sub-paragraph (a)—

(i)

is not possible, or

(ii)

is a determination that the deceased’s retained pensionable pay for the period was less than 25% of the pensionable pay of a whole-time regular firefighter employed in a similar role with equivalent qualifying service.

(9)

In paragraph (8), the default assumption is that the deceased’s retained pensionable pay for the period was equal to 25% of the pensionable pay of a whole-time regular firefighter employed in a similar role with equivalent qualifying service.

(10)

The Board must use reasonable endeavours to notify all persons who may be entitled to a missed pension lump sum grant that they may be so entitled as soon as possible and, in any event, before 1st September 2027.

(11)

Subject to paragraph (12), an application under paragraph (7) must be made to the Board before 1st September 2027.

(12)

Where a person did not receive a notification from the Board under paragraph (10), despite the Board using reasonable endeavours to notify eligible persons as required by that paragraph, an application under paragraph (7) may be made on or after 1st September 2027.

(13)

Where the Board decides that a missed pension lump sum grant is payable, the Board must pay the missed pension lump sum grant during the period of three months beginning with the date on which the application for the payment was received.

Survivor’s missed pension lump sum grant

36B.

(1)

This article applies where a person—

(a)

is eligible to apply for a missed pension lump sum grant under article 36A and an application has been made under article 36A(7), and

(b)

is not eligible to apply for an additional death grant under article 35C.

(2)

A survivor’s missed pension lump sum grant is payable to the person identified in paragraph (1).

(3)

Any application for a grant under this article must—

(a)

be made in writing to the Board;

(b)

be made—

(i)

where the deceased was married or a member of a civil partnership at the time of his death, by his spouse or civil partner, or

(ii)

subject to paragraph (4), where the deceased was not married or a member of a civil partnership at the time of his death, or where his spouse or civil partner has died since the deceased’s death, by a child of the deceased, and

(c)

confirm that the applicant is not eligible to apply for an additional death grant under article 35C.

(4)

A person is not eligible for a child’s missed pension lump sum grant under this article if the person would not have been eligible for a child’s pension by virtue of anything in article 29 (child’s pension: limitations and duration) of Part 4 at the time of the death of the deceased.

(5)

The amount of the payment under this article must be calculated in accordance with the formula—

$$0.1\times A\times B$$

where—

• A is the amount of pensionable pay the Board determine that the deceased received in his last year of service, and

• B is the number of completed years (which has the meaning in article 60(2) (calculation of pensionable service) of Part 10) during which the deceased was employed as a retained firefighter in the period before the end date of the deceased’s extended limited period (the “relevant period”), as determined by the Board.

(6)

The Board must determine the period of the deceased’s service during the relevant period from its records.

(7)

Where the Board is not able to determine the period of the deceased’s service during the relevant period from its records, the applicant may provide the Board with documents to assist it to determine the deceased’s period of service during the relevant period and the Board must determine the period of the deceased’s service from those documents.

(8)

Where the Board is not able to determine the period of the deceased’s service during the relevant period and the Board does not hold records of the deceased’s pay for that period, and the applicant cannot provide the Board with the necessary documents, the Board may estimate the deceased’s pensionable pay for that period from the records which it holds and may, in particular, estimate the deceased’s pensionable pay on the basis of the average of recent pay data for retained firefighters at the same station or stations as those at which the deceased was based for the relevant period.

(9)

Where the Board has estimated the pay of the deceased in accordance with paragraph (8), the Board must determine the deceased’s period of pensionable service during the relevant period.

(10)

Where the deceased’s service was as a retained firefighter, the Board must determine the deceased’s retained pensionable service during the relevant period by calculating the same proportion of whole-time service as that which his actual pensionable pay or, as the case may be, his pensionable pay as estimated by the Board under paragraph (8), bears to his reference pay for each year of service during that period.

(11)

If no information is provided under paragraph (7) and no records are available, the Board must determine the amount of the deceased’s pensionable pay based on the assumption that the deceased’s retained pensionable pay for the period was equal to 25% of the pensionable pay of a whole-time regular firefighter employed in a similar role with equivalent qualifying service.

(12)

The Board must use reasonable endeavours to notify all persons who may be entitled to a survivor’s missed pension lump sum payment that they may be so entitled as soon as possible and, in any event, before 1 September 2027.

(13)

Subject to paragraph (14), an application under paragraph (3) must be made to the Board before 1st September 2027.

(14)

Where a person did not receive a notification from the Board under paragraph (12), despite the Board using reasonable endeavours to notify eligible persons as required by that paragraph, an application under paragraph (3) may be made on or after 1st September 2027.

(15)

Where the Board decide that a survivor’s missed pension lump sum payment is payable, the Board must pay the survivor’s missed pension lump sum grant during the period of three months beginning with the date on which the application for the payment was received.

Missed pension lump sum grant and survivor’s missed pension lump sum grant: restrictions

36C.

(1)

Subject to paragraph (3), a missed pension lump sum grant or a survivor’s missed pension lump sum grant is not payable to a person who is convicted of the murder of the deceased.

(2)

Subject to paragraph (4), where a person is convicted of the manslaughter of the deceased, the Board may, as it thinks fit, withhold the missed pension lump sum grant or the survivor’s missed pension lump sum grant—

(a)

in whole or in part; and

(b)

permanently or temporarily.

(3)

Where a conviction of the description mentioned in paragraph (1) is quashed on appeal, the missed pension lump sum grant or the survivor’s missed pension lump sum grant is payable.

(4)

Where a conviction of the description mentioned in paragraph (2) is quashed on appeal, the missed pension lump sum grant or the survivor’s missed pension lump sum grant is payable in full, less any partial payment that has already been made.

(5)

Nothing in paragraph (3) or (4) affects the application of paragraph (1) or (2) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.”.