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Firemen's Pension Scheme Order 1973

As Enacted Cited authorities 84 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1973/966
Year1973

1973 No. 966

FIRE SERVICES

The Firemen's Pension Scheme Order 1973

23rdMay 1973

8thJune 1973

1stJuly 1973

In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), as amended and extended by sections 1 and 2(1) of the Fire Services Act 1951(b), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c), section 8 of the Fire Services Act 1959(d) and sections 12 and 16 of the Superannuation Act 1972(e), and with the approval of the Minister for the Civil Service (f) and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council and so far as concerns Article 86(4) to (6) of the Scheme set out in Appendix 2 to the following Order, with the Council on Tribunals, I hereby make the following Order:—

1.—(1) This Order may be cited as the Firemen's Pension Scheme Order 1973.

(2) This Order shall come into operation on 1st July 1973 and shall have effect as from 1st April 1972.

2.—(1) The Firemen's Pension Scheme 1971 (set out in Appendix 2 to the Firemen's Pension Scheme Order 1971(g)) and the Orders set out in Appendix 1 to this Order shall cease to have effect except in old cases, that is to say, except in the case of an award or payment to or in respect of, or relating to—

(a) a person who retired or otherwise ceased to be a member of a fire brigade before 1st April 1972, or

(b) a person, being a serviceman who did not resume service as a member of a fire brigade, whose period of relevant service in the armed forces ended before 1st April 1972,

including an award on the death of such a person on or after the said date.

This paragraph shall be construed as one with the Firemen's Pension Scheme 1973.

(2) The Firemen's Pension Scheme (Amendment) Order 1973(h) is hereby revoked.

3. The Pension Scheme set out in Appendix 2 to this Order (herein referred to as the Firemen's Pension Scheme 1973) is hereby brought into operation.

(a) 1947 c. 41.

(b) 1951 c. 27.

(c) 1951 c. 65.

(d) 1959 c. 44.

(e) 1972 c. 11.

(f) Formerly the Treasury; see S.I. 1968/1656 (1968 III, p. 4485).

(g) S.I. 1971/145 (1971 I, p. 320).

(h) S.I. 1973/318 (1973 I, p. 1112).

4. The Firemen's Pension Scheme 1973 shall have effect subject to the transitory provisions set out in Appendix 3 to this Order.

Robert Carr, One of Her Majesty's Principal Secretaries of State.

23rd May 1973.

Approval of the Minister for the Civil Service given under his Official Seal on 22nd May 1973.

K. H. McNeill, Authorised by the Minister for the Civil Service.

(L.S.)

Article 2

APPENDIX 1

OLD CASES ORDERS

The Firemen's Pension Scheme Order 1971 S.I. 1971/145 (1971 I, p. 320)
                The Firemen's Pension Scheme (Amendment) S.I. 1971/1329 (1971 II, p
                 Order 1971 3801)
                The Firemen's Pension Scheme (Amendment) S.I. 1971/1468 (1971 III, p
                 (No. 2) Order 1971 4144)
                The Firemen's Pension Scheme (Amendment) S.I. 1972/522 (1972 I, p.
                 Order 1972 1798).
                The Firemen's Pension Scheme (Amendment) S.I. 1972/1643 (1972 III, p.
                 (No. 2) Order 1972 4833).

Article 3

APPENDIX 2

THE FIREMEN'S PENSION SCHEME 1973

ARRANGEMENT OF ARTICLES

PART I

CITATION, INTERPRETATION ETC.

Article

1. Citation, effect, transitional provisions etc.

2. Meaning of "regular fireman".

3. Meaning of "qualifying injury".

4. Meaning of infirmity or death occasioned by an injury and of disablement.

5. Meaning of "aggregate contributions".

6. Meaning of reference to awards.

7. Meaning of certain expressions related to the operation of the National Insurance Acts.

8. Meaning of certain expressions.

9. Construction of references to provisions of Scheme.

10. Construction of references to enactments and instruments.

11. Application of the Interpretation Act 1889.

PART II

AWARDS ON RETIREMENT OF REGULAR FIREMEN

12. Fireman's ordinary pension.

13. Fireman's short service award.

14. Fireman's ill-health award.

15. Fireman's injury awards.

16. Deferred pension and award where no other award payable.

17. Minimum aggregate amount of payments in respect of fireman's pension.

18. Cancellation of fireman's ill-health and injury pensions on recovery.

19. Reassessment of fireman's injury pension.

20. Reduction of award in case of default.

21. Commutation of pension.

PART III

AWARDS ON DEATH OF REGULAR FIREMEN

Widows

22. Widow's ordinary pension.

23. Widow's special award.

24. Widow's augmented award.

25. Widow's accrued pension.

26. Widow's gratuity by way of commuted pension.

27. Widow's award where no other award payable.

28. Right to widow's pension dependent on date of marriage.

29. Special provisions where widow was living apart from her husband.

30. Effect of remarriage.

Adult Dependent Relatives

Article

31. Dependent relative's special pension.

32. Dependent relative's gratuity.

Children

33. Child's ordinary allowance.

34. Child's special allowance.

35. Child's special gratuity.

36. Child's accrued allowance.

37. Child's gratuity by way of commuted allowance.

38. Duration of child's allowance.

39. Limitation on child's award.

General

40. Limitation on discretion to grant a gratuity in lieu of a pension or allowance.

PART IV

ALLOCATION OF PENSIONS AND GENERAL PROVISIONS AFFECTING RIGHTS TO AWARDS

41. Allocation.

42. Limitation on right to commute or allocate part of a pension.

43. Prevention of duplication.

44. Award not payable in case of transfer.

45. Withdrawal of pension or allowance for misconduct.

46. Withdrawal of pension during employment as a regular fireman.

PART V

PENSIONABLE SERVICE OF REGULAR FIREMEN

47. Current service in the brigade.

48. Previous service in a brigade.

49. Period during which an injury or a special pension was payable.

50. Absence from duty in the brigade without pay.

51. Previous local government service.

52. Previous service other than fire or local government service.

53. Certificates of pensionable service.

54. Prevention of double reckoning.

PART VI

PENSIONABLE PAY, CONTRIBUTIONS AND OTHER ADDITIONAL AND FURTHER PAYMENTS

55. Pensionable pay and average pensionable pay.

56. Rate of payment of pension contributions.

57. Additional contributions—preserved provisions.

58. Additional and further payments by way of contributions—current provisions.

59. Additional and further payments by way of lump sum or reduction of pension.

60. Additional and further payments etc. in the case of an ill-health pensioner.

Article

61. Additional and further payments in the case of deceased fireman.

62. Provisions supplemental to Articles 57 to 61.

63. Method of payment of pension contributions.

64. Repayment of contributions on death.

65. Repayment of contributions on dismissal.

PART VII

DETERMINATION OF QUESTIONS AND APPEALS

66. General functions of fire authority.

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

68. Appeal against decision of fire authority.

PART VIII

PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

69. Payment of awards generally.

70. Payment of awards in special cases.

71. Payment of transfer values.

72. Expenses and receipts of fire authorities.

PART IX

SERVICEMEN

73. Awards to servicemen.

74. Awards on death of servicemen.

75. Gratuities for dependants other than widows and children.

76. Servicemen who resume service as regular firemen.

77. Servicemen who do not resume service in their former brigade.

78. Pensionable service, contributions and pay.

79. Servicemen deemed not to have retired.

80. Application to regular firemen with war service.

PART X

MEMBERS OF BRIGADES WHO ARE NOT REGULAR FIREMEN

81. Awards to and in respect of whole-time firemen.

82. Part-time firemen: injury award.

83. Widow of part-time fireman: injury award.

84. Child of part-time fireman: injury award.

85. Auxiliary provisions.

PART XI

PERSONS WHO ARE NOT MEMBERS OF BRIGADES

86. Temporary employment in connection with the provision of fire services.

87. Permanent employment as an instructor.

PART XII

PERSONS WHO WERE SERVING ON 10th JULY 1956

Article

88. Persons to whom Part XII applies etc.

89. Election by serving member, pensioner or widow.

90. Election on resuming service.

91. Modification of Scheme.

PART XIII

MISCELLANEOUS PROVISIONS

92. Auxiliary firemen not subject to Scheme.

93. Exclusive application of Scheme in relation to regular firemen.

94. Application of Scheme to persons affected by local government reorganisation or a combination scheme.

95. Application of Scheme where modified by section 27 of principal Act.

96. Age of compulsory retirement.

97. Compulsory retirement on grounds of incapacity.

SCHEDULES

SCHEDULE 1

Part I Fireman's ordinary pension.

Part II Fireman's short service pension.

Part III Fireman's ill-health pension.

Part IV Fireman's short service or ill-health gratuity.

Part V Fireman's injury awards.

Part VI Fireman's deferred pension.

Part VII Reduction of fireman's pension at age 65.

Part VIII Reduction of pension in specified cases.

Part IX Reduction of fireman's gratuity.

SCHEDULE 2—WIDOWS AND ADULT DEPENDANTS

Part I Widow's ordinary pension.

Part II Transitional modifications of Part I.

Part III Widow's special pension.

Part IV Widow's accrued pension.

Part V Increase in widow's pension during first 13 weeks.

Part VI Widow's gratuity by way of commuted pension.

Part VII Dependent relative's special pension.

SCHEDULE 3—CHILDREN

Part I Child's ordinary allowance.

Part II Child's special allowance.

Part III Child's accrued allowance.

Part IV Increase in child's allowance in certain cases during first 13 weeks.

Part V Child's gratuity by way of commuted allowance.

SCHEDULE 4

Payments by firemen in respect of previous service.

SCHEDULE 5

Sums to be paid by firemen in respect of previous service.

SCHEDULE 6

Part I Civil service, metropolitan civil staffs, education, health, police and Belfast fire service.

Part II Other service or employment.

SCHEDULE 7—ADDITIONAL AND FURTHER PAYMENTS

Part I Contributions.

Part II Lump sums.

SCHEDULE 8

Appeals to medical referees.

SCHEDULE 9

Transfer values.

SCHEDULE 10

Modifications to Scheme in its...

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