Firemen's Pension Scheme (Amendment) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1302 |
1987 No. 1302
FIRE SERVICESSUPERANNUATION
The Firemen’s Pension Scheme (Amendment) Order 1987
Made 22th July 1987
Laid before Parliament 31th July 1987
Coming into force 1st October 1987
In exercise of the powers conferred upon me by section 26 of the Fire Services Act 19471I hereby, with the approval of the Treasury2and 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 1987 and shall come into force on 1st October 1987.
2. In this Order “the 1973 Scheme” means the Scheme set out in Appendix 2 to the Firemen’s Pension Scheme Order 19733.
3. In article 5(1) of the 1973 Scheme —
(a) at the end of sub-paragraph (a) the word “and” shall be omitted, and
(b) at the end of sub-paragraph (b) there shall be inserted the following provision —
“and
(c)
(c) all payments made by him to a fire authority in accordance with an election under article 80B”.
4. After Part IX of the 1973 Scheme there shall be inserted the following provisions —
“PART IXA
PURCHASE OF INCREASED BENEFITS
Interpretation
80A. In this Part and in Schedule 9A —
“eligible fireman” means a person (other than a person to whom Part XII of this Scheme or article 95 applies) —
(a) with service as a regular fireman on or after 28th October 1981, whether or not he is still so serving;
(b) whose retirement date is, or was when he ceased so to serve, at least 9 years after the date on which he last became a regular fireman, and
(c) who was not when he ceased so to serve, or, but for this Part, would not be on or before his retirement date, entitled to reckon 30 years' pensionable service;
“retirement date” means, in relation to a regular fireman and at any particular time, the date on which he could be required to retire on account of age if he continued to serve as such without change of rank, disregarding any extension of service under article 96 (1) effected after that time; and
“sixtieth” means, in relation to any person, a sixtieth (including a fraction of a sixtieth) of his average pensionable pay and “additional sixtieths” and the number thereof means, in relation to a person who has made an election under article 80B, the number of additional sixtieths to which that election related.
Election to purchase increased benefits
80B.—(1) Subject to paragraph (2) an eligible fireman may, for the purpose of reckoning an additional number of sixtieths in calculating the awards payable to, or in respect of, him by notice in writing to the fire authority elect to make payment to the authority in accordance with the following provisions of this Part.
(2) A fireman shall not so exercise the right of election accorded by paragraph (1) that the aggregate number of sixtieths reckonable by him exceeds or, if he continued to serve until his retirement date, would exceed 40.
(3) When the retirement date of a fireman who has exercised the right of election accorded by paragraph (1) becomes later than it was at the time of his election by reason of his subsequent promotion or the subsequent extension of his service under article 96(1), then, notwithstanding that he may derive no benefit from his election, his liability to make payment in accordance with the following provisions of this Part shall not be affected and he shall not be entitled to the repayment of any lump sum or contribution so paid.
Lump sum payments
80C.—(1) An eligible fireman who is serving as a regular fireman may, within twelve months of —
(a)
(a) the date on which he last became a regular fireman, or
(b)
(b) 1st October 1987,
whichever is the later, elect under article 80B to make payment by a lump sum calculated in accordance with paragraph 1 (or, in the case of a woman, paragraph 3) of Part I of Schedule 9A.
(2) An eligible fireman —
(a)
(a) who has ceased to serve as a regular fireman but who was so serving on 1st October 1987, or
(b)
(b) who, before 1st October 1987, was required to retire on account of age or permanent disablement under article 96(1) or 97,
may, within 12 months of 1st October 1987 elect under article 80B to make payment by a lump sum calculated in accordance with the said paragraph 1 (or, in the case of a woman, the said paragraph 3).
(3) A lump sum payment under this article shall be made within three months of the date of election and, if it is not so made, the election shall be deemed for the purposes of this Part never to have been made.
Payment by periodical contributions
80D.—(1) An eligible fireman who is serving as a regular fireman whose retirement date falls not less than 2 years after his birthday next following 1st October 1987 may at any time —
(a)
(a) within twelve months of 1st October 1987, or
(b)
(b) not later than 2 years immediately preceding his retirement date,
elect under article 80B to make payment by periodical contributions calculated in accordance with paragraph 2 (or, in the case of a woman, paragraph 3) of Part I of Schedule 9A, subject however to paragraph (5).
(2) Subject to the following provisions of this article and to article 80G, where a fireman so elects the periodical contributions shall be made as from the date of his birthday falling within the year beginning with the date of his election and shall continue until —
(a)
(a) his retirement date as at the time of his election, or
(b)
(b) the date on which he ceases to serve as a regular fireman,
whichever is the earlier.
(3) Where a fireman so elects within 12 months of 1st October 1987 but less than two years before his retirement date the election shall be deemed to have been made on a date two years before the said retirement date and any arrears of contributions due by virtue of this paragraph shall be paid in a lump sum within three months of the date on which he elects:
(3) Provided that where such a lump sum is not so paid, the foregoing provisions of this paragraph shall not have effect.
(4) In the case of a regular fireman who has so elected and who, having retired with an ill-health pension before his retirement date, resumes service as such, the periodical contributions shall again become payable and shall continue as provided in paragraph (2).
(5) Where a fireman so elects the periodical contributions payable by him for any period shall not, when aggregated with any other pension contributions (including additional and further contributions, if any) payable by him for that period, exceed 15% of his pensionable pay but, where a fireman’s periodical contributions are restricted by this paragraph, he shall make a lump sum payment of an amount determined by the Government Actuary to be the actuarial equivalent of the difference between the restricted periodical contributions payable and those which would be payable but for this paragraph.
Elections deemed to have been made on 28th October 1981
80E.—(1) An eligible fireman who is serving as a regular fireman and whose retirement date —
(a)
(a) is less than two years after his birthday next following 1st October 1987, and
(b)
(b) was on 28th October 1981, at least two years after his next birthday,
may within three months of 1st October 1987 elect under article 80B to make payment in accordance with article 80D as if this Order had come into operation on 28th October 1981.
(2) Where a fireman elects as mentioned in paragraph (1) the election shall be deemed to have been made on 28th October 1981 and any arrears of contributions due by virtue of this paragraph shall be paid in a lump sum within three months of the date on which he elects:
Provided that where such a lump sum is not so paid, the foregoing provisions of this paragraph shall not have effect.
Conditions relating to the making of an election
80F.—(1) An eligible fireman who is serving as a regular fireman shall not be entitled to elect under article 80B to make payment by periodical contributions if he has been required to retire under article 96(4) or 97.
(2) An eligible fireman shall not, if the fire authority so resolve, be entitled to elect under article 80B to make payment by periodical contributions unless he has undergone a medical examination and satisfied the authority as to his good health; and any fee payable in respect of that examination shall be paid by him.
Effect of election
80G. Subject to articles 80C(3), 80D(3) and 80E, an election made under article 80B shall take effect as from the date on which the fire authority receive notice in writing thereof and shall be irrevocable, save that where the fire authority are satisfied that the payment of periodical contributions in accordance with such an election is causing, or is likely to cause, financial hardship they may consent to the discontinuance of such contributions for such period as they think fit.
Reckoning of additional benefits
80H.—(1) Where a regular fireman who has made an election under article 80B and has commenced payment of periodical contributions in accordance with that election dies in service, retires with an ill-health pension, or retires on or after reaching his retirement date as at the time of his election, he shall be entitled to reckon all the additional benefits which he elected to purchase, save that where he had discontinued payment on grounds of financial hardship under article 80G he shall be entitled to reckon a proportion of such benefits determined in accordance with the formula set out in sub-paragraph (a) of Part II of Schedule 9A.
(2) Subject to paragraph (3), where a regular fireman who has made an election under article 80B and paid a lump sum or commenced payment of...
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