Firemen's Pension Scheme (Amendment) Order 1979

JurisdictionUK Non-devolved
CitationSI 1979/855
Year1979

1979 No. 855

FIRE SERVICES

The Firemen's Pension Scheme (Amendment) Order 1979

17thJuly 1979

26thJuly 1979

20thAugust 1979

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 1979.

2. This Order shall come into operation on 20th August 1979 and shall have effect—

(a) for the purposes of paragraph (2) of Article 3, as from 1st April 1972;

(b) for the purposes of paragraphs (3), (4) and (5) of that Article, as from 13th July 1978.

3.—(1) The Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e), shall be amended in accordance with the following provisions of this Article.

(2) For paragraph (2) of Article 4 there shall be substituted the following paragraph:—

"(2) Infirmity of mind or body shall be deemed for the purposes of this Scheme to be occasioned by a particular injury if it appears that the injury has so substantially aggravated the infirmity of mind or body that, if the person had not received the injury—

(a) he would not have died at the time he in fact died, or

(b) he would not have become permanently disabled at the time he in fact became so disabled.".

(3) After Article 22 there shall be inserted the following Article:—

"Widow's lump sum option

22A.—(1) Where a widow is entitled to an ordinary pension under Article 22(2) in respect of the death of her husband on or after 13th July 1978 while serving as a regular fireman, she may, in accordance with the

(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; there is no relevant amending instrument.

following provisions of this Article, by notice elect to have instead of that pension a reduced pension calculated in accordance with paragraph (3) together with a gratuity equal to whichever is the greater of the following amounts—

(a) six times the annual rate of that reduced pension;

(b) her husband's average annual pensionable pay.

(2) Notice for the purposes...

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