Firemen's Pension Scheme (Amendment) (No. 3) Order 1978

JurisdictionUK Non-devolved
CitationSI 1978/1577
Year1978

1978 No. 1577

FIRE SERVICES

The Firemen's Pension Scheme (Amendment) (No. 3) Order 1978

1stNovember 1978

3rdNovember 1978

1stDecember 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:—

PART I

CITATION, OPERATION ETC.

1. This Order may be cited as the Firemen's Pension Scheme (Amendment) (No. 3) Order 1978.

2. This Order shall come into operation on 1st December 1978.

3. In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say—

"the Scheme of 1973" means the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e), as amended(f);

"the Scheme of 1971" means the Firemen's Pension Scheme 1971, set out in Appendix 2 to the Firemen's Pension Scheme Order 1971(g), as amended(h), and in so far as it continues to have effect(i);

"the Scheme of 1966" means the Firemen's Pension Scheme 1966, set out in Appendix 2 to the Firemen's Pension Scheme Order 1966(j), as amended(h), and in so far as it continues to have effect(k);

(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. 1975/1717; 1976/1708; 1977/1704.

(g) S.I. 1971/145.

(h) The relevant amending instruments are S.I. 1971/1329; 1975/1717; 1976/1708; 1977/1704.

(i) See S.I. 1973/966.

(j) S.I. 1966/1045.

(k) See S.I. 1971/145.

"the Scheme of 1964" means the Firemen's Pension Scheme 1964, set out in Appendix 2 to the Firemen's Pension Scheme Order 1964(a) as amended(b), and in so far as it continues to have effect(c);

"the Scheme of 1956" means the Firemen's Pension Scheme 1956, set out in the Appendix to the Firemen's Pension Scheme Order 1956(d), as amended(e), and in so far as it continues to have effect(f);

"the Scheme of 1952" means the Firemen's Pension Scheme 1952, set out in Appendix 1 to the Firemen's Pension Scheme Order 1952(g), as amended(h), and in so far as it continues to have effect(i), and

"the Scheme of 1948" means the Firemen's Pension Scheme 1948, set out in the Appendix to the Firemen's Pension Scheme Order 1948(j), as amended(k), and in so far as it continues to have effect(l).

PART II

AMENDMENTS OF ARTICLES RELATING TO AWARDS ON DEATH OF SERVICEMEN

4.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—

Article 74 of the Scheme of 1973;

Article 65 of the Scheme of 1971;

Article 53 of the Scheme of 1966;

Article 51 of the Scheme of 1964;

Article 46 of the Scheme of 1956.

(2) For paragraph (4)(a) of each of the said Articles there shall be substituted the following provision:—

"(a) pay to the widow, in lieu of a gratuity, a pension at the rate of £379.78 a year, and".

5.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—

Article 37B of the Scheme of 1952;

Article 37B of the Scheme of 1948.

(2) For paragraph (4)(a) of each of the said Articles there shall be substituted the following provision:—

"(a) pay to the widow, in lieu of a gratuity, a pension at the rate of £284.83 a year, and".

(a) S.I. 1964/1148.

(b) The relevant amending instruments are S.I. 1971/1329; 1975/1717; 1976/1708; 1977/1704.

(c) See S.I. 1966/1045.

(d) S.I. 1956/1022.

(e) The relevant amending instruments are S.I. 1959/802; 1971/1329; 1975/1717; 1976/1708; 1977/1704.

(f) See S.I. 1964/1148.

(g) S.I. 1952/944.

(h) The relevant amending instruments are S.I. 1952/2166; 1975/1717; 1976/1708; 1977/1704.

(i) See S.I. 1956/1022.

(j) S.I. 1948/604.

(k) The relevant amending instruments are S.I. 1952/944, 2166; 1975/1717; 1976/1708: 1977/1704.

(l) See S.I. 1952/944.

6.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—

Article 10 of the Scheme of 1952;

Article 10 of the Scheme of 1948.

(2) For the proviso to paragraph (2)(i) of each of the said Articles there shall be substituted the following proviso:—

"Provided that where the said pension, after taking account of any increase provided for by or under the Pensions (Increase) Act 1971, is payable at a rate less than that of £284.83 a year, it shall be paid at the rate of £284.83 a year.".

PART III

AMENDMENTS OF ARTICLES RELATING TO AWARDS TO OR IN RESPECT OF PART-TIME FIREMEN

7.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—

Article 55(3) of the Scheme of 1956;

Article 23A(2) of the Scheme of 1952.

(2) For the rates specified in sub-paragraphs (a) and (b) of each of the said provisions there shall be substituted, respectively, the rates of £14.03 a week and of £9.43 a week.

(3) For the rate specified in sub-paragraph (c) of Article 55(3) of the Scheme of 1956 there shall be substituted the rate of £7.36 a week.

8.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—

Article 75(3) of the Scheme of 1971;

Article 63(3) of the Scheme of 1966;

Article 61(3) of the Scheme of 1964;

Article 56(1) of the Scheme of 1956;

Article 23B(1) of the Scheme of 1952.

(2) For...

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