Firemen's Pension Scheme Order, 1952

JurisdictionUK Non-devolved
CitationSI 1952/944

1952 No. 944

FIRE SERVICES

PENSIONS

The Firemen's Pension Scheme Order, 1952

9thMay 1952

12thMay 1952

16thMay 1952

In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), sections one and two of the Fire Services Act, 1951(b), and sections forty-two and forty-four of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951(c), I hereby, with the approval of the Treasury and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:—

1. The Pension Scheme set out in the First Appendix to this Order shall come into operation on the coming into operation of this Order.

2.—(1) Subject to the provisions of this Article the following Orders are revoked, that is to say, the Firemen's Pension Scheme Order, 1948(d), the Firemen's Pension Scheme (No. 2) Order, 1948(e), the Firemen's Pension Scheme Order, 1949(f), the Firemen's Pension Scheme (No. 2) Order, 1949(g), the Firemen's Pension Scheme (No. 3) Order, 1949(h), the Firemen's Pension Scheme Order, 1950(i), the Firemen's Pension Scheme Order, 1951(j), the Firemen's Pension Scheme (No. 2) Order, 1951(k), and the Firemen's Pension Scheme (No. 3) Order, 1951(l).

(2) The said Orders shall continue to have effect in relation to—

(a) any award or claim to an award on the retirement or dismissal of a member of a fire brigade or on a person's ceasing to serve in the armed forces of the Crown, before the sixteenth day of May, nineteen hundred and fifty-two;

(b) any award or claim to an award in respect of the death of a person before the said date;

(c) any undertaking to make payments in accordance with the provisions of the Eleventh Schedule to the Firemen's Pension Scheme, 1948, set out in the Appendix to the Firemen's Pension Scheme Order, 1948; and

(d) the giving of notices for the purposes of subsection (2) of section twenty-seven of the Fire Services Act, 1947.

(3) The Firemen's Pension Scheme, 1948, set out as aforesaid, in so far as it continues to have effect, shall do so—

(a) as though any reference in the Eleventh Schedule thereto to an award, included a reference to an award under the Firemen's Pension Scheme, 1952, and

(a) 10 & 11 Geo. 6. c. 41.

(b) 14 & 15 Geo. 6. c. 27.

(c) 14 & 15 Geo. 6. c. 65.

(d) S.I. 1948/604; Rev. VII, p. 776; 1948 I, p. 1091.

(e) S.I. 1948/1094; Rev. VII, p. 776; 1948 I, p. 1126.

(f) S.I. 1949/396; 1949 I, p. 1660.

(g) S.I. 1949/1469; 1949 I, p. 1666.

(h) S.I. 1949/2160; 1949 I, p. 1674.

(i) S.I. 1950/467; 1950 I, p. 685.

(j) S.I. 1951/158; 1951 I, p. 692.

(k) S.I. 1951/1111; 1951 I, p. 698.

(l) S.I. 1951/1584; 1951 I, p. 699.

(b) subject to the amendments specified in the Second Appendix to this Order, which shall have effect as from the fifteenth day of July, nineteen hundred and fifty.

(4) In this Article the expression "award" includes a repayment of contributions.

(5) Section thirty-eight of the Interpretation Act, 1889(a), shall apply as if this Order were an Act of Parliament and as if the Orders revoked by this Order were Acts of Parliament repealed by an Act of Parliament.

3. This Order may be cited as the Firemen's Pension Scheme Order, 1952, and shall come into operation on the sixteenth day of May, nineteen hundred and fifty-two.

David Maxwell Fyfe, One of Her Majesty's Principal Secretaries of State.

8th May, 1952.

We approve,

H. R. Mackeson, Herbert Butcher, Two of the Lords Commissioners of Her Majesty's Treasury.

9th May, 1952.

FIRST APPENDIX

THE FIREMEN'S PENSION SCHEME, 1952

ARRANGEMENT OF ARTICLES

PART I

PENSIONS, GRATUITIES AND ALLOWANCES

1. Fireman's ordinary pension.

2. Fireman's short service award.

3. Fireman's ill-health award.

4. Widow's ordinary benefit.

5. Child's ordinary allowance.

6. Fireman's special pension.

7. Widow's special pension.

8. Child's special allowance.

9. Gratuities for dependants other than widows and children.

10. Injury or disease attributable to war service.

11. General rules as to pensions, allowances and gratuities.

12. Change of brigade with consent of fire authority.

13. Allocation of superannuation benefits.

PART II

COUNTING OF SERVICE

14. Pensionable service.

15. Service before the appointed day.

19. Discontinuous service, and service in two or more brigades.

19A. Local government service.

19B. Teaching service.

19C. Civil Service.

(a) 52 & 53 Vict. c. 63.

PART III

CONTRIBUTIONS

20. Payment of contributions by the fireman.

21. Repayment of contributions generally.

22. Repayment of balance of contributions in certain cases.

PART IV

MEMBERS OF A FIRE BRIGADE WHO ARE NOT FIREMEN

23. Part-time members of a fire brigade.

24. Whole-time members of a fire brigade who are not firemen.

PART V

CANCELLATION, REVISION, REDUCTION AND WITHDRAWAL OF BENEFIT

25. Cancellation of pensions.

26. Revision of fireman's special pension.

27. Reduction of pensions where incapacity due to misconduct.

28. Withdrawal of pensions and allowances for misconduct.

29. Withdrawal of pensions on re-employment.

30. Effect of withdrawal.

PART VI

DETERMINATION OF QUESTIONS

31. General functions of fire authority.

32. Appeal against opinion of fire authority's medical practitioner.

33. Appeal against decision of fire authority.

PART VII

PAYMENT AND ASSIGNMENT OF BENEFIT

34. Payment generally.

35. Payment in certain special cases.

36. Assignment.

PART VIII

SERVICEMEN

37A. Awards to servicemen.

37B. Awards on death of servicemen.

37C. Gratuities for dependants other than widows and children.

37D. Servicemen who resume service as firemen.

37E. Servicemen who do not resume service in their former brigade.

37F. Pensionable service.

37G. Pension contributions and pensionable pay.

PART IX

MISCELLANEOUS AND SUPPLEMENTAL

38. Reduction of benefits and contributions in certain cases.

40. Exclusion of workmen's compensation rights.

40A. Exclusive effect of Scheme.

41. Duty of fire authority to make payments in respect of previous service.

42. Expenses and receipts of fire authorities.

43. Fireman defined.

44. Aggregate contributions defined.

45. Total and partial disablement.

45A. Qualifying injury.

46. Pensionable pay and annual pensionable pay.

47. Posthumous children.

48. Interpretation.

48A. Exclusion of auxiliary firemen.

49. Citation.

SCHEDULES

FIRST SCHEDULE—Firemen's Ordinary Pensions.

SECOND SCHEDULE—Short Service Awards and Ill-Health Awards.

THIRD SCHEDULE—Widows' Ordinary Pensions.

FOURTH SCHEDULE—Widows' Ordinary Gratuities.

FIFTH SCHEDULE—Children's Ordinary Allowances.

SIXTH SCHEDULE—Minimum Injury Award.

SEVENTH SCHEDULE—Widows' Special Pensions.

EIGHTH SCHEDULE—Children's Special Allowances.

NINTH SCHEDULE—Pensions and Allowances in case of Death or Incapacity Attributable to War Service.

Part I.—Widow's Pension.

Part II.—Child's Allowance.

Part III.—Pensions in case of incapacity.

TENTH SCHEDULE—General Rules as to Pensions, Allowances and Gratuities.

ELEVENTH SCHEDULE—Payments by Firemen in respect of Previous Service.

THIRTEENTH SCHEDULE—Appeals to Medical Referees.

FOURTEENTH SCHEDULE—Reduction of Firemen's Ordinary Pensions and of Short Service and Ill-Health Pensions where the Pensioner has attained the age of sixty-five years.

FIFTEENTH SCHEDULE—Payments by Fire Authorities in respect of Previous Service.

SECOND APPENDIX

AMENDMENTS OF THE FIREMEN'S PENSION SCHEME, 1948

PART I

PENSIONS, GRATUITIES AND ALLOWANCES

Fireman's ordinary pension

1.—(1) Every fireman who retires on or after completing twenty-five years' pensionable service shall be entitled to receive a fireman's ordinary pension.

(2) The amount of the said pension shall be determined in accordance with the First Schedule to this Scheme.

(3) Where a chief officer or a firemaster retires before attaining the age of fifty-five years, he shall not be entitled to a pension under this Article unless his notice of retirement was given with the permission of the fire authority.

Fireman's short service award

2.—(1) Where a fireman retires on reaching the age prescribed for retirement by his conditions of service, and he is not entitled to an ordinary pension under Article 1 of this Scheme, he shall be entitled to receive a fireman's short service award.

(2) If the fireman has not, at the time when he so retires, completed ten years' pensionable service, the said award shall be a gratuity. Save as aforesaid, the award shall be a pension (hereinafter referred to as a "short service pension").

(3) The amount of a short service award shall be determined in accordance with the Second Schedule to this Scheme.

Fireman's ill-health award

3.—(1) If at any time a fireman is incapacitated for the performance of his duty by infirmity of mind or body, and he retires on that account, he shall be entitled on so retiring to receive an ill-health award:

Provided that he shall not be entitled to receive such an award unless it appears that the incapacity is likely to be permanent.

(2) If the fireman has not at the time when he so retires completed ten years' pensionable service, the said award shall be a gratuity, unless the infirmity of mind or body is occasioned by a qualifying injury.

(3) Save as provided in paragraph (2) of this Article, an ill-health award shall be a pension (hereinafter referred to as an "ill-health pension").

(4) The amount of an ill-health award shall be determined in accordance with the Second Schedule to this Scheme.

(5) Where a fireman retires in circumstances in which he is entitled to an ill-health award, Articles 1 and 2 of this Scheme shall not apply in respect of his said retirement.

Widow's ordinary benefit

4.—(1) Where any person who has completed three years' pensionable service—

(a) dies while serving as a fireman; or

(b) dies while in receipt of a pension under this Scheme or the Firemen's Pension Scheme, 1948; or

(c) retires or has retired on account of any injury or disease and subsequently (without any intervening period of service as a fireman) dies in...

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