Firemen's Pension Scheme Order, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/802 |
| Year | 1959 |
1959 No. 802
PENSIONS
The Firemen's Pension Scheme Order, 195930thApril 1959
5thMay 1959
7thMay 1959
In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), 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.—(1) In paragraph (1) of Article 5 of the Firemen's Pension Scheme, 1956, set out in the Appendix to the Firemen's Pension Scheme Order, 1956(b), (which relates to the minimum aggregate amount of payments in respect of a fireman's pension) after the words "where he dies" there shall be inserted the words "the amount of any gratuity and".
(b) S.I. 1956/1022 (1956 I, p. 953).
(2) At the end of paragraph (2) of the said Article 5 there shall be added the following sub-paragraphs:—
"(c) where a fireman's pension is reduced under Article 9A of this Scheme, the lump sum paid to him under that Article shall be deemed to have been paid in respect of the pension; and
(d) where a fireman's pension is reduced under Article 23 of this Scheme the reference in paragraph (1) of this Article to the aggregate amount paid to him in respect of the pension shall be construed as a reference to the aggregate amount which would have been so paid had the pension not been so reduced.".
2. After Article 9 of the said Scheme of 1956 there shall be inserted the following Article:—
"Commutation of pension
9A.—(1) A regular fireman who has served as such on or after the seventh day of May, 1959, may in accordance with the provisions of this Article commute for a lump sum a portion of any ordinary, ill-health or short service pension to which he is or may become entitled, provided, in the case of an ordinary pension, that he retires when entitled to reckon at least thirty years' pensionable service or is required to retire on account of age.
(2) For the purpose of commuting a portion of his pension a person shall—
(a) give notice in writing (in this Article called "notice of commutation") to the fire authority of his wish to commute for a lump sum such portion of his pension not exceeding one-sixth thereof as (subject to the limitation contained in Article 23A of this Scheme) he may specify; and
(b) satisfy the fire authority of his good health and for that purpose submit himself to such medical examination as they may require.
(3) The notice of commutation shall be given by a person—
(a) not earlier than two months before his intended retirement nor later than six months after his retirement, or
(b) in the case of a person who retires with an ill-health pension at a time when he is not entitled to retire with an ordinary pension, not earlier than two months before his intended retirement nor later than six months after he would, if he had continued to serve as a regular fireman instead of retiring with an ill-health pension, either have become entitled to retire with an ordinary pension or have reached the age prescribed for retirement by his conditions of service;
and, in the case of such a person as is mentioned in sub-paragraph (b) of this paragraph, the notice of commutation shall be given only with the written consent of the fire authority unless, at the time when the notice is given, he would, if he had continued to serve as aforesaid, have become entitled to retire with an ordinary pension or have reached the age prescribed as aforesaid.
(4) Where a person has complied with the provisions of sub-paragraphs (a) and (b) of paragraph (2) of this Article, the fire authority shall forthwith send to him a written notification that they have accepted the notice of commutation, which shall become effective—
(a) as from the time when the notification is received by him or, if sent by post, as from the time when it would be delivered to him in the ordinary course of post, or
(b) as from the date of his retirement,
whichever is the later:
Provided that the said notice shall not become effective if it was given more than two months before his retirement.
(5) Where a person retires or has retired and a notice of commutation given by him has become or becomes effective, the fire authority shall reduce the pension to which the notice relates in accordance with the notice as from the time from which the notice is effective and shall pay to him a lump sum of such amount as is the actuarial equivalent of the surrendered portion of the pension at the date of his...
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