COMMENTED by
The Firefighters' Pension Scheme (England) Order 2006 (Note)

EXTENDED by
The Firefighters' Pension Scheme (England) Order 2006 (Memo)

The Firefighters' Pension Scheme (England) Order 2006

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS

2006 No. 3432

FIRE AND RESCUE SERVICES, ENGLAND

PENSIONS, ENGLAND

The Firefighters' Pension Scheme (England) Order 2006

Made 19th December 2006

Laid before Parliament 4th January 2007

Coming into force 25th January 2007

This Order is made in exercise of the powers conferred by sections 34 and 60 of the Fire and Rescue Services Act 2004[1].

In accordance with section 34(5) of that Act, the Secretary of State for Communities and Local Government consulted such persons as she considered appropriate before making the Order[2].

The Secretary of State for Communities and Local Government makes the following Order:

Citation, commencement and application

1. -(1) This Order may be cited as the Firefighters' Pension Scheme (England) Order 2006 and shall come into force on 25th January 2007, but shall have effect from 6th April 2006.

(2) This Order applies in relation to England only[3].

New pension scheme for firefighters in England

2. The New Firefighters' Pension Scheme (England), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by English fire and rescue authorities as firefighters (including persons who die while so employed), shall have effect.

1992 scheme ceasing to have effect in England, with savings

3. -(1) Subject to paragraphs (2) and (3), the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen's Pension Scheme Order 1992[4] ("the 1992 scheme") shall not have effect in relation to a person who takes up employment with an English fire and rescue authority on or after 6th April 2006.

(2) Paragraph (1) shall not apply to a person who-

(a) transfers to the employment of an English fire and rescue authority from employment with a fire and rescue authority in Scotland or Wales or with the Northern Ireland Fire and Rescue Service Board; and

(b) immediately before 6th April 2006, was a member of the firefighters' pension scheme established by the authority from whose employment he transfers.

(3) Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 scheme on taking up employment with an English fire and rescue authority-

(a) on the date on which this Order comes into force-

(i) the 1992 scheme shall cease to have effect in relation to him, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and

(ii) the provisions of the New Firefighters' Pension Scheme (England) shall have effect in relation to him; and

(b) pensionable service that was reckonable service for the purposes of the 1992 scheme shall be treated as pensionable service reckonable under the New Firefighters' Pension Scheme (England).

(4) The 1992 scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it.

Continuation of schemes for retained firefighters

4. -(1) This article applies where, immediately before the date on which this Order comes into force, an English fire and rescue authority maintain a scheme for the payment of pensions to and in respect of retained firefighters ("the retained scheme").

(2) Subject to paragraph (3), the authority may continue to maintain the retained scheme on and after the date on which this Order comes into force, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services Act 2004.

(3) The authority must not-

(a) in respect of a retained firefighter who becomes a member of the New Firefighters' Pension Scheme (England), make any contribution to the retained scheme on or after the date on which the firefighter's membership of that Scheme commences, or

(b) use their Firefighters' Pension Fund[5] for the making of employer's contributions to the retained scheme.

(4) In this article "retained firefighter" means a person employed by a fire and rescue authority-

(a) as a firefighter, but not as a regular firefighter, and

(b) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.

Signed by authority of the Secretary of State for Communities and Local Government

Phil Woolas

Minister of State Department for Communities and Local Government

19th December 2006

SCHEDULE 1

Article 2

THE NEW FIREFIGHTERS' PENSION SCHEME (ENGLAND)

CONTENTS

PART 1

CITATION AND INTERPRETATIO...

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