FIREMEN'S PENSION SCHEME ORDER, 1948.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1948/604 |
| Year | 1948 |
1948 No. 604
FIRE SERVICES
(9) Firemen's Pension Scheme (a)
[Preservation of pension rights under pre-1947 Acts see references to the Rules and Regulations made thereunder at page 370 of the "Index to Statutory Rules & Orders and Statutory Instruments in Force" (1948 Edition)]
THE FIREMEN'S PENSION SCHEME ORDER, 1948.23rdMarch 1948
24thMarch 1948
On the day after the Order is laid before Parliament
In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947, and of all other powers enabling me in that behalf, I hereby order, with the approval of the Treasury and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, that the Pension Scheme set out in the Appendix to this Order shall come into operation, as respects England, on the first day of April, 1948, and, as respects Scotland, on the sixteenth day of May, 1948.
This Order may be cited as the Firemen's Pension Scheme Order, 1948, and shall come into operation on the day after the day on which it shall have been laid before both Houses of Parliament.
J. Chuter Ede, One of His Majesty's Principal Secretaries of State.
We approve,
R. J. Taylor, C. James Simmons, Two of the Lords Commissioners of His Majesty's Treasury.
23rd March, 1948.
APPENDIX
THE FIREMEN'S PENSION SCHEME
ARRANGEMENT OF ARTICLES
PART I
PENSIONS, GRATUITIES AND ALLOWANCES
1. Fireman's ordinary pension.
2. Fireman's short service award.
3. Fireman's ill-health award.
4. Widow's ordinary benefit.
5. Child's ordinary allowance.
6. Fireman's special pension.
7. Widow's special pension.
(a) SCOTLAND—This Scheme also applies to Scotland.
8. Child's special allowance.
9. Gratuities for dependants other than widows and children.
10. Injury or disease attributable to war service.
11. General rules as to pensions, allowances and gratuities.
12. Change of brigade with consent of fire authority.
13. Allocation of superannuation benefits.
PART II
COUNTING OF SERVICE
14. Pensionable service on and after the appointed day.
15. Service before the appointed day.
16. Service before the appointed day of persons in the armed forces on that day.
17. Service before the appointed day of persons who have been cadets or probationers.
18. Service before the appointed day in certain special cases.
19. Discontinuous service, and service in two or more brigades.
PART III
CONTRIBUTIONS
20. Payment of contributions by the fireman.
21. Repayment of contributions generally.
22. Repayment of balance of contributions in certain cases.
PART IV
MEMBERS OF A FIRE BRIGADE WHO ARE NOT FIREMEN
23. Part-time members of a fire brigade.
24. Whole-time members of a fire brigade who are not firemen.
PART V
CANCELLATION, REVISION, REDUCTION AND WITHDRAWAL OF BENEFIT
25. Cancellation of pensions.
26. Revision of fireman's special pension.
27. Reduction of pensions where incapacity due to misconduct.
28. Withdrawal of pensions and allowances for misconduct.
29. Withdrawal of pensions on re-employment.
30. Effect of withdrawal.
PART VI
DETERMINATION OF QUESTIONS
31. General functions of fire authority.
32. Appeal against opinion of fire authority's medical practitioner.
33. Appeal against decision of fire authority.
PART VII
PAYMENT AND ASSIGNMENT OF BENEFIT
34. Payment generally.
35. Payment in certain special cases.
36. Assignment.
PART VIII
MISCELLANEOUS AND SUPPLEMENTAL
37. Special provisions as to persons called up for service on or after the appointed day.
38. Reduction of benefits and contributions in certain cases.
39. Exercise of options under principal Act.
40. Exclusion of workmen's compensation rights.
41. Right of fire authority to receive payments in respect of previous service.
42. Expenses and receipts of fire authorities.
43. Fireman defined.
44. Aggregate contributions defined.
45. Total and partial disablement.
46. Pensionable pay and annual pensionable pay.
47. Posthumous children.
48. Interpretation.
49. Citation.
SCHEDULES
FIRST SCHEDULE—Firemen's Ordinary Pensions.
SECOND SCHEDULE—Short Service Awards and Ill-health Awards.
THIRD SCHEDULE—Widows' Ordinary Pensions.
FOURTH SCHEDULE—Widows' Ordinary Gratuities.
FIFTH SCHEDULE—Children's Ordinary Allowances.
SIXTH SCHEDULE—Minimum Injury Award.
SEVENTH SCHEDULE—Widows' Special Pensions.
EIGHTH SCHEDULE—Children's Special Allowances.
NINTH SCHEDULE—Pensions and Allowances in case of Death or Incapacity Attributable to War Service.
Part I—Widow's Pension.
Part II—Child's Allowance.
Part III—Pensions in case of incapacity.
TENTH SCHEDULE—General Rules as to Pensions, Allowances and Gratuities.
ELEVENTH SCHEDULE—Payments in respect of Service before the Appointed Day.
TWELFTH SCHEDULE—Supplementary Provisions as to Counting of Service before the Appointed Day.
THIRTEENTH SCHEDULE—Appeals to Medical Referees.
FOURTEENTH SCHEDULE—Reduction of Firemen's Ordinary Pensions and of Short Service and Ill-Health Pensions where the Pensioner has attained the age of sixty-five years.
PART I
PENSIONS, GRATUITIES AND ALLOWANCES.
Fireman's ordinary pension.
1.—(1) Every fireman who retires on or after completing twenty-five years' pensionable service shall be entitled to receive a fireman's ordinary pension.
(2) The amount of the said pension shall be determined in accordance with the First Schedule to this Scheme.
(3) Where a chief officer or a firemaster retires before attaining the age of fifty-five years, he shall not be entitled to a pension under this Article unless his notice of retirement was given with the permission of the fire authority.
Fireman's short service, award.
2.—(1) Where a fireman retires on reaching the age prescribed for retirement by his conditions of service, and he is not entitled to an ordinary pension under Article 1 of this Scheme, he shall be entitled to receive a fireman's short service award.
(2) If the fireman has not, at the time when he so retires, completed ten years' pensionable service, the said award shall be a gratuity. Save as aforesaid, the award shall be a pension (hereinafter referred to as a "short service pension").
(3) The amount of a short service award shall be determined in accordance with the Second Schedule to this Scheme.
Fireman's ill-health award.
3.—(1) If at any time a fireman is incapacitated for the performance of his duty by infirmity of mind or body, and he retires on that account, he shall be entitled on so retiring to receive an ill-health award:
Provided that he shall not be entitled to receive such an award unless it appears that the incapacity is likely to be permanent.
(2) If the fireman has not, at the time when he so retires, completed ten years' pensionable service, the said award shall be a gratuity, unless the incapacity is occasioned by an injury received in the execution of the fireman's duty without his own default.
(3) Save as provided in paragraph (2) of this Article, an ill-health award shall be a pension (hereinafter referred to as an "ill-health pension").
(4) The amount of an ill-health award shall be determined in accordance with the Second Schedule to this Scheme.
(5) Where a fireman retires in circumstances in which he is entitled to an ill-health award, Articles 1 and 2 of this Scheme shall not apply in respect of his said retirement.
Widow's ordinary benefit.
4.—(1) Where any person who has completed three years' pensionable service—
(a) dies while serving as a fireman; or
(b) dies while in receipt of a pension under this Scheme; or
(c) retires on account of any disease or injury and subsequently (without any intervening period of service as a fireman) dies in consequence of that disease or injury,
his widow shall be entitled to a widow's ordinary pension.
The amount of the said pension shall be determined in accordance with the Third Schedule to this Scheme.
(2) Where a person dies while serving as a fireman and his widow is not entitled to a pension under this Article, she shall be entitled to a widow's ordinary gratuity.
The amount of the said gratuity shall be determined in accordance with the Fourth Schedule to this Scheme.
(3) Where a widow is entitled to a pension under this Article, and the fire authority are satisfied that there are sufficient reasons for granting her a gratuity in lieu of a pension, they may in their discretion and with her consent commute the pension for a gratuity.
Child's ordinary allowance.
5.—(1) Where any person—
(a) dies while serving as a fireman; or
(b) having served as a fireman, dies while in receipt of a pension under this Scheme; or
(c) retires on account of any disease or injury and subsequently (without any intervening period of service as a fireman) dies in consequence of that disease or injury,
any child of his who has not attained the prescribed age at the date of the death shall be entitled to a child's ordinary allowance.
The amount of the said allowance shall be determined in accordance with Part I of the Fifth Schedule to this Scheme; but the provisions of this Article and of the said Part I shall have effect subject to the provisions of Part II of that Schedule.
(2) For the purposes of this Scheme the prescribed age is the age of sixteen years:
Provided that if on attaining the age of sixteen years the child is in receipt of full-time education, the prescribed age in his case shall be the age which he attains on whichever is the earlier of the following dates:—
(a) the date on which he first ceases to receive full-time education after attaining the age of sixteen years;
(b) the thirty-first day of July next following the date on which he attains the age of sixteen years.
(3) Where a child is entitled to an allowance under this Article, and the fire authority are satisfied that there are sufficient reasons for the grant of a gratuity in lieu of an allowance, they may in their discretion and with the consent of the child's guardian commute the allowance for a gratuity.
Fireman's special pension.
6.—(1)...
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