Firemen's Pension Scheme (Amendment) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1228 |
| Year | 1978 |
1978 No. 1228
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) Order 197817thAugust 1978
29thAugust 1978
1stOctober 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) Order 1978.
2. The Interpretation Act 1889(e) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
3.—(1) This Order shall come into operation on 1st October 1978 and, subject to the provisions of this Article, shall have effect—
(a) for the purposes of Articles 12, 17(1) and 19(1) thereof, as from 1st July 1973;
(b) for the purposes of Articles 18(3) and 20 thereof, as from 1st October 1978;
(c) for all other purposes, as from 1st January 1974.
(2) Nothing in Articles 13 and 21 shall affect the operation of Article 71 of the principal Scheme and Schedule 9 thereto in relation to a regular fireman in respect of whom a liability to pay a transfer value under the said Article 71 arose before 1st January 1974.
(3) Nothing in Articles 20 and 21 shall affect the operation of Schedules 5 and 9 to the principal Scheme for the purposes of Article 48(5) in relation to a regular fireman who has rejoined or, as the case may be, joined a brigade before 1st October 1978.
(4) Where an award to or in respect of a regular fireman who ceased to be such before 1st October 1978 is, or may become, payable to any person and that person is placed in a worse position than he would have been if this Order had not been made, then, if, before 1st April 1979 notice in writing is given by or on behalf of that person to the fire authority by whom the award is or may become payable, so electing, the principal Scheme shall have effect in relation to that person's award as if this Order had not been made.
(a) 1947 c. 41.
(b) 1951 c. 65.
(c) 1972 c. 11.
(d) Formerly the Treasury; see S.I. 1968/1656.
(e) 1889 c. 63.
4. In this Order any reference to the principal Scheme is a reference to the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(a), as amended(b).
5. At the beginning of Article 1(2) of the principal Scheme (old cases) there shall be inserted the words "Save as provided in Article 71A(3),".
6.—(1) Paragraph (2) of Article 44 of the principal Scheme (award not payable in case of transfer) shall be omitted.
(2) For paragraph (4) of the said Article 44 there shall be substituted the following provision:—
"(4) Where an award under Article 16(4) ceases to be payable under paragraph (3) and the transfer value is paid otherwise than in accordance with this Scheme there shall continue to be payable so much of the award as is unpaid which—
(a) represents a return of such additional or further payments by way of contributions or lump sum as are mentioned in Articles 57, 58 and 59, and
(b) would not have been payable had he paid pension contributions at a rate related to 5 per cent. of his pensionable pay.".
7.—(1) In paragraph (1)(a) of Article 48 of the Principal Scheme (previous service in a fire brigade) the words "or with a deferred pension which he has relinquished under Article 16(2)" shall be omitted.
(2) At the beginning of paragraphs (4) and (5) respectively of the said Article 48 there shall be inserted the words "Subject to Article 59(4)".
(3) At the end of the said Article 48 there shall be added the following provision:—
"(6) Where a regular fireman retires or has retired from a brigade with a deferred pension which he has relinquished under Article 16(2), paragraph (1) shall have effect as though—
(a) he is retiring or has retired without a pension, and
(b) the words "within twelve months of so retiring and" in sub-paragraph (b) were omitted,
and where, immediately before retiring he is or, as the case may be, was making such additional or further payments by way of contributions as are mentioned in paragraph (2)(a) the amount paid by way of such contributions shall be repaid to him by the fire authority for the brigade from which he retires, or has retired, as the case may be, and he shall be deemed neither to have paid nor elected to pay such contributions.".
8. In Article 51(1) of the principal Scheme (previous local government service) for the words "Article 59(4)" there shall be substituted the words "Articles 52A and 59(4)".
9. In Article 52(1) of the principal Scheme (previous service other than fire or local government service) for the words "Article 59(4)" there shall be substituted the words "Articles 52A and 59(4)".
10. After Article 52 of the principal Scheme there shall be inserted the Articles set out in Appendix 1 to this Order.
(a) S.I. 1973/966.
(b) The relevant amending instruments are S.I. 1976/1273, 1977/1704.
11. In Article 53(1) of the principal Scheme after the words "Article 48, 49, 51, 52," there shall be inserted the words "52B".
12.—(1) At the end of Article 59(4) of the principal Scheme (additional and further payments by way of lump sum or reduction of pension) there shall be added the following provision:—
"Provided that nothing in this paragraph shall affect the application of Article 48
(i) where the fireman retires or retired as mentioned in Article 44(1), or
(ii) in the case of such a fireman as is mentioned in paragraph (6) of the said Article 48, except to the extent that a repayment would fall to be made to him under the said paragraph (6)".
(2) Any agreement to reduction of pension, given for the purposes of the said Article 59(4) before 1st October 1978 shall be treated for the purposes of the principal Scheme as though it had never been given if it is rendered unnecessary by paragraph (1) above.
13. For Article 71 of the principal Scheme (payment of transfer values) there shall be substituted the Article set out in Appendix 2 to this Order.
14. After the said Article 71 there shall be inserted the Article set out in Appendix 3 to this Order.
15. At the end of paragraph 2 of Part VI of Schedule 1 to the principal Scheme (fireman's deferred pension) there shall be added the words "so, however, that the pension shall not exceed 40 sixtieths of his average pensionable pay.".
16.—(1) After paragraph 2(1)(b) of Part VIII of Schedule 1 to the principal Scheme (reduction of pension in specified cases) there shall be inserted the following provision:—
"or
(c) by virtue of Article 52B;".
(2) In paragraph 3(1) of the said Part VIII after the words "1st April 1972" there shall be inserted the words "or by virtue of Article 52B;".
17.—(1) At the end of paragraph 1(2) of Part II of Schedule 2 to the principal Scheme (transitional modifications of Part I of that Schedule) there shall be added the following provision:—
"or
(c) Article 48, in the case of a man who retires or retired otherwise than as mentioned in Article 44(1), where there are satisfied—
(i) on or after 1st July 1973, the conditions specified in Article 48(1) or (5), or
(ii) on or after 1st January 1974, the condition specified in Article 48(1) as it has effect by virtue of paragraph (6) of the said Article 48,
as the case may be.".
(2) At the end of the said paragraph 1(2), as amended by paragraph (1) above, there shall be added the following provision:—
"or
(d) Article 52B.".
18.—(1) In paragraph 1(1) of Part IV of Schedule 2 to the principal Scheme (widow's accrued pension) after sub-paragraph (a) there shall be inserted the following provision:—
"(aa) his pensionable service reckonable by virtue of Article 52B;".
(2) In paragraph 1(2)(b) of the said Part IV for the words "sub-paragraph (1)(a) and (b)" there shall be substituted the words "sub-paragraph (1)(a), (aa) and (b)".
(3) For paragraph 1(3) of the said Part IV there shall be substituted the following provision:—
"(3) The proportion referred to in sub-paragraph (1)(c) or sub-paragraph (2)(c) shall be the proportion which the period for which the husband paid further contributions or, as the case may be, additional contributions, bore to the period by which the pensionable service he was entitled to reckon on the relevant date fell short of 25 years or, where that period is less than 5 years, to a period of 5 years, each period being reckoned in completed years and completed months.
In this sub-paragraph "the relevant date" means—
(a) where the husband last served as a regular fireman before 1st October 1978, the date on which he made the election referred to in the sub-paragraph in question;
(b) in any other case, the date from which the further contributions or, as the case may be, additional contributions were payable in pursuance of the election referred to in the sub-paragraph in question.".
(4) In paragraph 2(1) of the said Part IV for the words "paragraphs 3 and 4" there shall be substituted the words "paragraph 3".
19.—(1) At the end of paragraph 4(2)(b) of Part I of Schedule 3 to the principal Scheme (child's ordinary allowance) there shall be added the following provision:—
"or
(iii) Article 48, in the case of a man who retires or retired otherwise than as mentioned in Article 44(1), where there are satisfied—
(a) on or after 1st July 1973, the conditions specified in Article 48(1) or (5), or
(b) on or after 1st January 1974, the condition specified in Article 48(1) as it has effect by virtue of paragraph (6) of the said Article...
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