Firemen's Pension Scheme (Amendment) (No. 2) Order 1978
| Jurisdiction | UK Non-devolved |
1978 No. 1349
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) (No. 2) Order 197814thSeptember 1978
15thSeptember 1978
6thOctober 1978
In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(b) and sections 12 and 16 of the Superannuation Act 1972(c), I hereby, with the approval of the Minister for the Civil Service(d) and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:—
1. This Order may be cited as the Firemen's Pension Scheme (Amendment) (No. 2) Order 1978.
2. This Order shall come into operation on 6th October 1978 and shall have effect—
(a) for the purposes of paragraph (a) of Article 3, as from 1st July 1973;
(b) for the purposes of paragraph (b) of that Article, as from 6th April 1975;
(c) for the purposes of paragraph (c) of that Article, as from 6th April 1978.
3. The Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e), as amended(f), shall have effect—
(a) from 1st July 1973 subject to the amendments specified in Part I of the Schedule to this Order;
(b) from 6th April 1975 subject to the amendments specified in Part II of that Schedule;
(a) 1947 c. 41.
(b) 1951 c. 65.
(c) 1972 c. 11.
(d) Formerly the Treasury; see S.I. 1968/1656.
(e) S.I. 1973/966.
(f) The relevant amending instruments are S.I. 1974/1797; 1976/1273; 1977/1704; 1978/1228.
(c) from 6th April 1978 subject to the amendments specified in Part III of that Schedule and subject to the transitional provisions of Part IV of that Schedule.
Merlyn Rees, One of Her Majesty's Principal Secretaries of State.
13th September 1978.
Approval of the Minister for the Civil Service given under his Official Seal on 14th September 1978.
T. A. A. Hart, Authorised by the Minister for the Civil Service.
(L.S.)
Article 3.
SCHEDULE
PART I
AMENDMENTS TO FIREMEN'S PENSION SCHEME 1973 TAKING EFFECT FROM 1ST JULY 1973
After Article 16 there shall be inserted the following provision:—
"Deferred pension where ill-health pension is cancelled
16A.—(1) This regulation shall apply to a regular fireman who—
(a) retired with an ill-health pension the unsecured portion of which is terminated under Article 18(2) on a date ("the date of termination") falling on or after 1st July 1973 otherwise than on his rejoining his brigade, and
(b) possesses the qualifications required by Article 16B(1).
(2) A regular fireman to whom this Article applies shall, as from the date of termination, be entitled to a deferred pension in accordance with the provisions of Article 16B(2).
Supplementary provisions about deferred pensions
16B.—(1) The qualifications referred to in Article 16A are that the regular fireman has service which satisfies one of the following conditions (such service is hereinafter referred to as qualifying service)—
(a) his pensionable service is five years or more;
(b) his pensionable service is less than five years but he has an earlier period of service as a regular fireman which does not count towards his pensionable service and the aggregate of that service and that period is five years or more;
(c) his pensionable service is less than five years but is reckoned by virtue of service as a regular fireman and some other employment and the aggregate of that service and that employment is five years or more:
Provided that an earlier period of service shall not count as qualifying service for the purposes of sub-paragraph (b) if there is a break of more than one month between it and the later qualifying service.
(2) Where a fireman is entitled to a pension under Article 16A he shall be entitled to a deferred pension calculated in accordance with Part VI of Schedule 1, subject, however, to Parts VII and VIII of that Schedule; but no payment shall be made on account of the pension in respect of the period before he attains the age of 60 years, or, if he sooner becomes permanently disabled, before he becomes so disabled, or in respect of any period if he has relinquished his entitlement for the purpose of Article 48 by written notice to the fire authority.".
PART II
AMENDMENTS TO FIREMEN'S PENSION SCHEME 1973 TAKING EFFECT FROM 6TH APRIL 1975
1. After Article 16B (inserted by Part I of this Schedule) there shall be inserted the following provision:—
"Pension by way of equivalent benefit for certain regular firemen serving on 5th April 1975
16C.—(1) Subject to paragraph (2), this Article shall apply to a regular fireman who was serving as such on 5th April 1975 and ceases or has ceased to serve in circumstances—
(a) which do not entitle him to a pension other than such as is mentioned in this Article,
(b) in which no transfer value is payable or has been paid in respect of him under Article 71, and
(c) in which no payment in lieu of contributions falls to be made or has been made.
(2) Where a regular fireman who was serving as such on 5th April 1975 ceases or has ceased to serve in circumstances in which a transfer value is payable in respect of him under Article 71A, this Article shall apply to him only if he satisfies the fire authority that he is not entitled under any superannuation arrangements (including this Scheme) to a pension—
(a) in the calculation of which account is taken of the service which would be taken into account in calculating a pension under this Article, and
(b) which would be at least as favourable in his case as a pension under this Article.
(3) A regular fireman to whom this Article applies shall, on attaining insured pensionable age and, where appropriate, satisfying the fire authority as mentioned in paragraph (2), be entitled to a pension which equals the graduated retirement benefit mentioned in Article 7(3).".
2. In Article 17(1), after the words "ill-health pension" there shall be inserted the words "or while entitled to a deferred pension", and the words "by way of adjustment of the amount of the pension" shall be omitted.
3. In Article 22(1)(b), after the words "deferred pension" there shall be inserted the words "or a pension under Article 16C".
4. In Article 33(1)(b), after the words "deferred pension" there shall be inserted the words "or a pension under Article 16C".
PART III
AMENDMENTS TO FIREMEN'S PENSION SCHEME 1973 TAKING EFFECT FROM 6TH APRIL 1978
1. In Article 7, there shall be inserted after paragraph (5) the following provision:—
"(6) In this Scheme the following expressions shall have the meanings respectively which they have for the purposes of the Social Security Pensions Act 1975:—
"contracted-out employment";
"contracted-out scheme";
"guaranteed minimum" and "guaranteed minimum pension";
"contributions equivalent premium".
(7) In this Scheme any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 2 to the Social Security Pensions Act 1975 dispensing with the payment of such a premium where its amount would be inconsiderable.
(8) In this Scheme any reference to insured pensionable age is a reference to the age of 65 years in the case of a man or 60 years in the case of a woman.
(9) In this Scheme any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department of Health and Social Security as that minimum at that time.".
2. In Article 8, after paragraph (4) there shall be inserted the following provision:—
"(5) For the purposes of this Scheme, the annual rate of a pension shall be determined as if there were 52 1/6 weeks in each year.".
3. For Article 16 there shall be substituted the following provision:—
"Deferred pension and award where no transfer value and no other award is payable
16.—(1) This Article shall apply to a regular fireman who ceases or has ceased to be a member of a brigade in circumstances in which no transfer value is payable in respect of him and which do not entitle him to any award other than such as is mentioned in this Article or in Article 16C.
(2) A fireman to whom this Article applies who—
(a) possesses the qualifications required by Article 16B(1), and
(b) has not exercised the right of election under Article 16D
shall, on ceasing to be a member of a brigade, be entitled to a deferred pension in accordance with the provisions of Article 16B(2).
(3) A fireman to whom this Article applies who does not possess the qualifications required by Article 16B(1) and who will not attain insured pensionable age before the end of the tax year in which he ceases or has ceased to be a member of a brigade, shall be entitled to an award by way of repayment of his aggregate contributions.".
4. In Article 16B (inserted by Part I of this Schedule)—
(a) in paragraph (1) for the words "Article 16A" there shall be substituted the words "Articles 16 and 16A"; and
(b) in paragraph (2) for the words "Article 16A" there shall be inserted the words "Article 16, 16A or 16D".
5. After Article 16C (inserted by Part II of this Schedule) there shall be inserted the following provision:—
"Transitional award
16D.—(1) This Article applies to a regular fireman who qualifies for a deferred pension by virtue of service partly before 6th April 1978 and partly on or after that date and whose average annual pensionable pay has not exceeded £5,000 in any tax year.
(2) A regular fireman to whom this Article applies may, within three months of ceasing to be a member of a brigade, elect that Article 16 shall not apply in his case by notice in writing to the fire authority.
(3) Where immediately before his death a regular fireman to whom this Article applies enjoyed, but had not exercised, the right of election conferred by paragraph (2) his widow may, by notice in...
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