Firemen's Pension Scheme (War Service) (Transferees) Order 1986

S T A T U T O R Y I N S T R U M E N T S

1986No. 1663

FIRE SERVICES

The Firemen's Pension Scheme (War Service) (Transferees)

Order 1986

24rdSeptember1986

3rdSeptember1986

1stNovember1986

In exercise of the powers conferred upon me by section 26 of the Fire Services Act 1947( a), I hereby, with the approval of the Treasury( b) and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:--

Part I

General

1.--(1) This Order may be cited as the Firemen's Pension Scheme (War Service) (Transferees) Order 1986.

(2) This Order shall come into operation on 1st November 1986 and shall have effect as from 1st April 1978.

2.--(1) In this Order any reference to the appropriate fire authority is reference--

(a) to the fire authority of the brigade in which the fireman concerned is serving; or

(b) where the fireman is entitled to a pension, to the fire authority liable for that pension; or

(c) in the case of a fireman not falling within either sub-paragraph (a) or sub-paragraph (b), and in respect of whom a transfer value is payable, or has at any time been paid, by a fire authority, to the latest fire authority to have paid or to be liable to pay the transfer value.

(2) In this Order any reference to the 1979 Order is a reference to the Firemen's Pension Scheme (War Service) Order 1979( c).

(a) 1947 c.41, as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65) and sections 12 and 16 of the Superannuation Act 1972 (c.11).

(b) Formerly the Minister for the Civil Service; seeS.I. 1981/1670.

(c) S.I. 1979/1360; there are no amending instruments.

(3) Where by virtue of Part II or III of this Order the 1979 Order applies in the case of a fireman--

(a) references in the 1979 Order to Article 8(3) thereof, and to pensionable service as mentioned in that paragraph, shall be construed as references to Parts II to IV of this Order and to the appropriate period of pensionable service reckonable by virtue thereof, and

(b) the 1979 Order shall have effect subject to the modifications set out in Schedule 1.

(4) Subject as aforesaid and except where the context otherwise requires this Order shall be construed as one with the 1979 Order without prejudice however, to the provisions of section 23(1) of the Interpretation Act 1978( a)(application of that Act to subordinate legislation).

(5) Without prejudice to paragraph (4), in this Order any reference to a fireman includes a reference to a deceased fireman, and, except where the context otherwise requires, in relation to a deceased fireman, where he died before 1st April 1978, any reference to his age on that date is a reference to the age he would have been on that date had he not so died.

3. The public service pension scheme referred to in Articles 6 and 9 is an occupational pension scheme, other than one relating to service mentioned in Schedule 2, being a scheme which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department; and, for the purposes hereof, the Universities Superannuation Scheme shall be treated as if it were such an occupational pension scheme.

Part II

War Service Reckonable Without Receipt of Additional Transfer Value

4.--(1) This Part shall apply in the case of a person who--

(a) on 1st April 1978 or, where he died before that date, immediately before his death, was serving as a fireman or, having ceased so to serve, had retired with an entitlement to a pension; and

(b) was on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service for the purposes of the Firemen's Pension Scheme 1973 by virtue of any such period of service or employment as is mentioned in Schedule 2 ("qualifying service"); and

(c) was not on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service in respect of qualifying service under the war service provisions of the pension scheme applicable thereto but who would have been so entitled if he had remained in that scheme until 1st April 1978, or the date of his death if earlier;

(a) 1978 c.30.

So, however, that in the case of a fireman with more than one period of qualifying service, any such period other than the first shall be disregarded for the purposes of this Article and references to his qualifying service shall be construed accordingly.

(2) In relation to such a fireman, in this Order references to the war service provisions of a pension scheme are references to the provisions of the scheme analogous to those of the 1979 Order, and "war service" has the same meaning as in those provisions.

(3) The appropriate fire authority may require that any claim that a fireman satisfies the condition referred to in paragraph (1)(c), and as to the duration of his war service, be supported by a certificate given by or on behalf of the person responsible for the management of the pension scheme appropriate to his qualifying service, and the fire authority shall be entitled to rely upon a certificate so given.

5.--(1) Subject to the following provisions of this Article, the 1979 Order shall apply in the case of a fireman to whom this Part applies as if references in that Order to a qualified fireman were references to a fireman to whom this Part applies.

(2) Where a fireman to whom this Part applies elects only as mentioned in Article 8(1) of the 1979 Order, the Firemen's Pension Scheme 1973 shall have effect as though he had been entitled, immediately before his retirement (or death while serving) to reckon an additional period of pensionable service equal to the following proportion of his war service, namely--

(a) 47.75% thereof, where the qualifying service is police service or Northern Ireland police or fire service;

(b) 35.25% thereof, where the qualifying service is National Health Service or service in health and personal social services in Northern Ireland, or local government service or Northern Ireland local government service; and

(c) 34.875% thereof, where the qualifying service is teaching service or Northern Ireland teaching service.

(3) Where a fireman so elects, his pension shall, notwithstanding the preceding paragraph, be deemed for the purposes excepted in the said Article 8(1) to be the pension to which he would be entitled without his additional period of pensionable service under that paragraph, save that that period shall count for the purposes of Part III of Schedule 1 to the 1979 Order (rate of widow's ordinary pension calculated by reference to the husband's pensionable service).

Part III

War Service Reckonable on Receipt of an Additional Transfer Value

6.--(1) This Part shall apply in the case of a person--

(a) who on 1st April 1978 or, where he died before that date, immediately before his death, was serving as a fireman or, having ceased so to serve, had retired with an entitlement to a pension;

(b) with war service within the meaning of such a public service pension scheme as is mentioned in Article 3;

(c) in respect of whom a transfer value has been paid to the appropriate fire authority which took account of service or employment in the scheme referred to in sub-paragraph (b);

(d) who, by reason of that transfer value, was, on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service for the purposes of the Firemen's Pension Scheme 1973; and

(e) in respect of whom an additional transfer value calculated by reference to his war service is paid to the appropriate fire authority.

(2) For the purposes of paragraph (1)(e) where a transfer value is calculated partly by reference to war service and partly by reference to other service, the amount of the transfer value referable to the war service shall be treated as an additional transfer value as mentioned therein.

7.--(1) Subject to the following provisions of this Article, the 1979 Order shall apply in the case of a fireman to whom this Pan applies as if references in that Order to a qualified fireman were references to a fireman to whom this Part applies.

(2) Where a fireman to whom this Part applies elects only as mentioned in Article 8(1) of the 1979 Order, the Firemen's Pension Scheme 1973 shall have effect as though he had been entitled immediately before his retirement (or death while serving) to reckon an additional period of pensionable service calculated as hereinafter provided, namely--

(a) the basic transfer value shall be determined by deducting from the additional transfer value, within the meaning of Article 6(1)(e), such amount, if any, as represents compound interest on the basic amount thereof;

(b) the fireman's adjusted pensionable emoluments shall be determined by multiplying by the factor set opposite his age in completed years on 1st April 1978 in the second column of the Table in Schedule 3 the annual value of the emoluments (including averaged emoluments and any element for pensions increase) in relation to which the transfer value was calculated:

(c) the amount of the adjusted pensionable emoluments shall be multiplied by four-thirds;

(d) the basic transfer value shall be divided by the amount obtained under sub-paragraph (c) and the resulting number shall be the number of years comprising the period.

(3) Where a fireman so elects, his pension shall, notwithstanding the preceding paragraph, be deemed for the purposes excepted in the said Article 8(1), to be the pension to which he would be entitled without his additional period of pensionable service under that paragraph, save that that period shall count for the purposes of Part III of Schedule 1 to the 1979 Order (rate of widow's ordinary pension calculated by reference to the husband's pensionable service).

Part IV

Election for the Purposes of Widows' and Children's Benefits

8.--(1) Where a fireman to...