LEGAL

Accident and Injury fund – Rule 30

(1) Membership of the fund

(a) An ordinary member of the Union is eligible to become a member of the Fund (subject to the provisions of this Rule Book) upon receipt, by the Union of a correctly completed application form (Except under (1)(d) of this Rule).

(b) A member shall cease to be a member of the Fund upon ceasing for whatever reason, to be an ordinary member of the Union, or upon written resignation from the Fund itself.

(c) A member of the Fund shall lose all rights under this Rule upon ceasing, for whatever reason, to be a member of the Fund, except in relation to Death Benefit under (5)(c) of this rule.

(d) Any former member of the Fund wishing to rejoin shall submit an application to their Branch Secretary. The Branch shall consider the application at their next Branch meeting and pass any recommendation on to the Brigade Committee who shall consider the application.

(e) Members of the fund shall pay 0.14% of a Firefighter’s (Competent) rate of pay.

(2) Nominations, Revocations and Variations

(a) A member may nominate any person or persons to whom any sum of money payable by the Union of his/her death, but not exceeding the maximum allowed by law may be paid.

(b) The nominated person/s shall not be an Official of employee of the Union, unless that Official or employee is the husband, wife, cohabiting partner, father, mother, child, brother, sister, nephew or niece of the nominator.

(c) A member may from time to time revoke or vary such nomination by completing the appropriate form.

(d) On receiving satisfactory proof of the death of a nominator, the Union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid at (2)(a) of this Rule.

(e) The Union shall keep a record of all nominations, revocations or variations made by members.

(f) Revocation or Variation of Nomination forms are available from Regional Offices.

(3) Definitions

For the purposes of all claims under this Rule, the following definitions shall apply :
(a) Injury :

(i) Any physical injury resulting in disablement commencing not later than 12 calendar months from the date it was sustained and not excluded by (6) of this Rule, except where hospital treatment for any injury sustained is unavoidably delayed and any absence from duty during a period of delayed hospitalization and recuperation falls outside of the aforementioned 12 month period.

(ii) Any illness or disease contracted as a direct consequence of Fire Service duties.

(b) On Duty Injury :
(i)   Any injury sustained whilst on duty and while performing normal Fire Service duties.
(ii)   No payment shall be made to any member under (3)(b)(i) of this Rule for the first 12 months of sickness, unless the member has suffered a reduction in sick pay from his/her Fire Authority. Thereafter payment will be made at the Temporary Disablement rate.

(c) Off Duty Injuries :
(i) Any injury other than those defined at (3)(b) of this Rule including any injury sustained whilst on standby as part of Day Crewing, Retained or Flexible Duty System arrangements or any injury sustained whilst travelling to or from a member’s place of work.
(ii) No payment shall be made to any member under (3)(c)(i) of this Rule for the first six months of sickness, unless the member has suffered a reduction in sick pay from his/her Fire Authority. Thereafter payment will be made at the Temporary Disablement rate.

(d) Temporary Disablement :

Any injury as defined at (3)(a) of this Rule which temporarily totally incapacitates the member from following his/her full duties in the Fire Service except that a member shall not be entitled to receive benefit during any period the member is performing Fire Service light duties.

(e) Permanent Disablement :
(i) Any injury as defined at (3)(a) of this Rule which renders the member unable to perform any remunerative employment or occupation whatsoever, and/or ;
(ii) The total loss of sight in one eye or the loss by physical separation of a hand at or above the wrist or a foot at or above the ankle, or permanent loss of the use of one or more limbs.

(f) Ordinary Member :

Is any member as defined by Rule (5)(1).

(4) Time Limits

(a) Injuries (other than illness or disease);
Within 18 months of the commencement of any disablement for an off-duty injury, or 24 months of the commencement of any disablement for an on-duty injury, for which the member wishes to claim, the member shall submit a written claim on the prescribed form.

(b) Illness or disease;
Within 24 months of the commencement of any disablement due to illness or disease, the member shall submit a written claim on the prescribed form

(c) Death or a partner/spouse or dependant child;
Within 12 months of the date of death the member shall submit a claim on the prescribed form.

(d) Death of a member
Within 12 months of the date of death, the member’s personal representative shall submit a claim on the prescribed form.

(e) Receipt of a claim shall normally be acknowledged within 14 days of receipt

(5) Benefits

Subject to this rule, a member of the Fund shall be entitled to benefits as set out below :

(a) Temporary Disablement;
25% of a Firefighter’s (competent) weekly rate of pay, per week, for the duration of such disablement for a maximum period of 52 weeks for any one incident.

(b) Permanent Disablement;
50% of a Firefighter’s (competent) annual salary paid in a lump sum.

(c) Death of a member (or a member who has retired and subsequently dies within 28 days of such retirement);
100% of a Firefighter’s (competent) annual salary, paid in a lump sum. Payment shall be made to the person nominated by the member in accordance with (2) of this Rule, to the maximum allowed by law.  The balance of any payment due under this Rule (or the total sum in the absence of a valid nomination) shall be paid to the personal representatives of the member’s estate upon production of a grant of probate or letters of administration, not later than three years after the date of death.  In the event of a failure to produce such documents in the required three years, any benefits remaining shall be forfeited to the Fund

(d) In all cases of the death of a member of the Fund, a lump sum of 20% of a Firefighter’s (competent) annual salary will also be paid for each dependent child, as defined under (5)(e)(iii) of this Rule.

(e) On the death of :
(i) the wife or husband of a member; or
(ii) a person cohabiting with a member as his/her partner; or
(iii) a member’s child under the age of 18, or who was undergoing full-time education, or was a dependant child with disabilities;

20% of a Firefighter’s (competent) annual salary shall be paid to the member.

For the purposes of this benefit, “member” includes a member who has retired in accordance with (5)(c).

All payments under this Rule will be subject to the necessary proof of death, where applicable and such other details as the Executive Council may require to be furnished.

(6) Exclusions

The following shall not qualify for benefits under this Rule;

(a) Any injury sustained whilst playing or taking part in any game or sport, except as part of an on-duty physical training programme.

(b) Any injury sustained whilst participating in a competition drill.

(c) Any injury sustained whilst engaged in, or taking part in, military or naval or air force service. Or whilst engaged in, or taking part in, civil commotions or riots of any kind, except where that injury is sustained whilst on duty.

(d) Any injury, illness or disease directly or indirectly caused by, or contributed to by intentional self-injury or natural causes.

(e) Any injury caused by, or contributed to, by provoked assault or fighting, except in bona fide self-defence.

(f) Any injury/illness directly or indirectly resulting from medical or surgical treatment except where such treatment was rendered necessary by an on duty injury.

(g) Any injury sustained whilst engaged or taking part in aeronautics or aviation other than as a passenger.

(h) Any injury sustained whilst riding or driving in any race or pace-making in connection with any competition.

(i) Any injury consequent on war or civil war.

(j) Any injury sustained whilst contravening FBU rules or policies.

(k) Any injury sustained by a wholetime member whilst engaged in gainful employment outside the Fire Service.

(l) Any injury in respect of which the claim does not comply with the time limits set out at (4)(a) of this Rule.

(m) Any injury in respect of which the claim is not made on the prescribed form.

(7) Claims and Administrative Procedures

(a) Claims of less than 14 days duration will not qualify for benefits under this Rule.

(b) Any member who suffers an injury which is likely to result in a claim upon the Fund shall place themselves under the care of a duly qualified medical practitioner as soon as possible.

(c) Any interim payments made under (5)(a) of this Rule in respect of an injury, shall be deducted from any lump sum payable in respect of the same injury.

(d) Except in the case of permanent disablement, if a member submits a claim for benefits for an injury within one year from the date of the last payment of benefit for a previous claim, the benefits payable shall be 50% of those specified in (5)(a) of this Rule. If a member submits a further claim (or claims) for a third (or subsequent) injury (or injuries) within the period of one year from the date of the last payment of benefit in respect of the last claim, the benefits payable shall be 25% of those specified in (5)(a) of this Rule.

(e) The National Officer responsible shall consider all claims made upon the Fund and shall ensure compliance with the Rules.

Prior to making a decision, the National Officer may :
(i) require the member to be medically examined by a medical practitioner nominated by them and/or -
(ii) make such further enquiries as to authenticate the member’s claim as considered necessary.

(8) Appeals

(a) If a claim is rejected under (7)(e) of this Rule, the member (or representative, in the case of death of a member) shall have the right of appeal to the Management Committee against that decision.

(b) The appellant shall submit, in writing, full particulars of their appeal to the Management Committee within 14 days of receipt of rejection.

(c) If the Management Committee rejects a claim under this Rule, the member (or representative, in the case of death of a member) shall have the right of appeal to the Executive Council against that decision.

(d) The appellant shall submit to the General Secretary, in writing, full particulars of their appeal to the Executive Council within 14 days of receipt of the decision of the Management Committee.

(e) The appellant shall be invited to make representations in writing to the next ordinary meeting of the Executive Council held at least 14 days after receipt by the General Secretary of the member’s written appeal specified above.

(f) The decision of the Executive Council shall be final

(9) Management of the Fund

The Executive Council shall appoint a Management Committee to administer the Fund, consisting of four Executive Council Members and chaired by the Vice President.

(a) The Management Committee may exclude any member from membership or terminate or suspend membership for such period as they may determine or withhold or reclaim benefits for fraud or dishonesty in connection with the Fund, and/or breach of this Rule. However, the Management Committee shall not do so without giving the member a reasonable opportunity to make representations to the Management Committee in person or in writing. The member shall be given 14 days notice in writing of the Management Committee meeting considering his/her case, which notice shall give the member full particulars of the complaint against him/her.

(b)
(i) If the Management Committee penalise a Member under (9)(a) of this Rule, the member (or personal representative, in the case of death of a member) may appeal to the Executive Council against the Management Committee decision.
(ii) The appellant shall submit full particulars of his/her appeal in writing to the General Secretary within 14 days of the date that the decision of the Management Committee against which he/she appeals, was sent to him/her.
(iii) The appellant shall be invited to make representations to the next ordinary meeting of the Executive Council held at least 14 days after receipt by the General Secretary of the member’s written appeal specified above.
(iv) The decision of the Executive Council shall be final.

(c) The Management Committee, on behalf of the Executive Council, shall in their complete discretion have the right to make such ex-gratia payments as they think proper in order to alleviate undue hardship to a member of the Fund or his/her relatives/dependants resulting from the rejection of a claim.

(d) If at any time the Management Committee of the Fund considers that the Fund is, or may be, unable to meet its present and future liabilities they shall immediately report to the Executive Council. The Executive Council shall consider such a report forthwith and may declare that all or some benefits shall cease, be suspended, or reduced from such date as they decide, and/or take other action they consider necessary in the circumstances.

(e) A separate account shall be maintained in accordance with the Rules of the Union in respect of the Fund.