Firemen's Pension Scheme (Amendment) Order 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/1273 |
| Year | 1976 |
1976 No. 1273
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) Order 19764thAugust 1976
13thAugust 1976
6thSeptember 1976
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) Order 1976.
2. This Order shall come into operation on 6th September 1976 and shall have effect—
(a) for the purposes of Part II thereof, as from 1st April 1975;
(b) for the purposes of Part III thereof, as from 1st May 1975;
(c) for the purposes of Part IV thereof, as from 1st August 1975;
(d) for the purposes of Part V thereof, as from 6th September 1977.
3. In this Order references to the principal Scheme are references to the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e), as amended(f).
PART II
PROVISIONS HAVING EFFECT FROM 1ST APRIL 1975
4.—(1) For paragraph (1) of Article 21 of the principal Scheme (commutation) there shall be substituted the following provision:—
"(1) A regular fireman may, in accordance with this Article commute for a lump sum a portion of any pension, other than an injury pension, to which
(a) 1947 c. 41.
(b) 1951 c. 65.
(c) 1972 c. 11.
(d) Formerly the Treasury; see S.I. 1968/1656 (1968 III, p. 4485).
(e) S.I. 1973/966 (1973 II, p. 2906).
(f) The amending instruments are not relevant to the subject matter of this Order.
he is or may become entitled, provided, in the case of an ordinary pension, that—
(a) he retires when entitled to reckon at least 30 years' pensionable service, or
(b) he is required to retire on account of age, or
(c) the notice of commutation referred to in paragraph (3) is given with the consent, of the fire authority and he retires on or after attaining the age of 55 years, or
(d) in any other case, he retires on or after 1st April 1975.".
(2) In paragraph (3) of the said Article 21 for the words "limitation contained" there shall be substituted the words "limitations contained in paragraphs (3A) and (6B) and".
(3) After paragraph (3) of the said Article 21 there shall be inserted the following provision:—
"(3A) A regular fireman whose case does not fall within paragraph (1)(a), (b) or (c) shall not commute such a portion of his ordinary pension that the lump sum calculated by reference thereto in accordance with paragraph (6) (disregarding any reduction in accordance with the proviso thereto) exceeds an amount equal to 2¼ times the annual amount of his pension calculated in accordance with Part I of Schedule 1 (disregarding any reduction therein under paragraph (6) or any other provision of this Scheme).".
(4) At the end of paragraph (4) of the said Article 21 there shall be added the following provision:—
"Provided that a person who retired with an ordinary pension on or after 1st April 1975 but before 6th May 1976 whose case does not fall within paragraph (1)(a) or (b) may give such notice at any time before 6th November 1976.".
(5) After paragraph (6) of the said Article 21 there shall be inserted the following provisions:—
"(6A) Where the unsecured portion of an ill-health pension is terminated under Article 18 after a notice of commutation in relation to the pension has become effective—
(a) it is hereby declared that no reduction shall be made under paragraph (6) in the secured portion of the pension, in so far as it is payable under Article 18;
(b) if thereafter, and after 6th September 1976, the person concerned becomes entitled to a pension, other than an injury pension, and is entitled to reckon for the purposes thereof the period of pensionable service reckonable for the purposes of the ill-health pension first mentioned in this paragraph, the unsecured portion of the other pension shall be reduced by the amount by which the ill-health pension would have been reduced if it had not been terminated as aforesaid.
(6B) Where a person wishes to surrender and commute for a lump sum a portion of a pension which falls to be reduced under paragraph (6A)(b), the portion which, under paragraphs (3) and (3A), he may commute shall be reduced by the amount of the said reduction.".
PART III
PROVISIONS HAVING EFFECT FROM 1ST MAY 1975
5. After Article 5 of the principal Scheme (meaning of "aggregate contribution") there shall be inserted the following Article:—
"Reckoning of service etc. for purposes of awards
5A.—(1) Subject to paragraph (2), for the purpose of calculating an award payable to or in respect of a member of a fire brigade by reference to any period in years (including a period of pensionable or other service)—
(a) that period shall be reckoned in completed years and a fraction of a year;
(b) a part of a year shall be taken to be that fraction of a year whereof the denominator is 365 and the numerator the number of completed days in that part and, accordingly, a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.
(2) Paragraph (1)(b) shall not apply where the member ceased to serve...
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