The Firefighters’ Pension Scheme (England) Regulations 2014
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Change 1
83 Survivor’s guaranteed minimum pensions
(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 of PSA 1993 in relation to benefits in respect of the deceased member under this scheme— (a) nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met in the case of the person; (b) nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the person. (2) Paragraphs (3) and (4) are without prejudice to the generality of paragraph 1. (3) This paragraph applies if apart from this regulation— (a) no pension would be payable to the surviving partner under this Part; or (b) the weekly rate of the pensions payable would be less than the guaranteed minimum. (4) If paragraph (3) applies— (a) a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving partner for life or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable; or (b) if paragraph (3)(b) applies, the pensions payable are increased to the amount specified in paragraph (a). (5) Paragraph (4) does not apply to a pension— (a) that is forfeited— (i) as a result of a conviction for treason, or (ii) in a case where the relevant offence under regulation 171 (forfeiture: offences committed by members, surviving partners or eligible children) falls under paragraph (b) of the definition in that regulation of “relevant offence” ...; or (b) where that pension is commuted under regulation 167 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 are met.
83 Survivor’s guaranteed minimum pensions
(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 of PSA 1993 in relation to benefits in respect of the deceased member under this scheme— (a) nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met in the case of the person; (b) nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the person. (2) Paragraphs (3) and (4) are without prejudice to the generality of paragraph 1. (3) This paragraph applies if apart from this regulation— (a) no pension would be payable to the surviving partner under this Part; or (b) the weekly rate of the pensions payable would be less than the guaranteed minimum. (4) If paragraph (3) applies— (a) a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving partner for life or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable; or (b) if paragraph (3)(b) applies, the pensions payable are increased to the amount specified in paragraph (a). (5) Paragraph (4) does not apply to a pension— (a) that is forfeited— (i) as a result of a conviction for treason, or (ii) in a case where the relevant offence under regulation 171 (forfeiture: offences committed by members, surviving partners or eligible children) falls under paragraph (b) of the definition in that regulation of “relevant offence” ...; or (b) where that pension is commuted under regulation 167 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 are met.
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