Firemen's Pension Scheme (War Service) Order 1979

JurisdictionUK Non-devolved
CitationSI 1979/1360

1979 No. 1360

FIRE SERVICES

The Firemen's Pension Scheme (War Service) Order 1979

25thOctober 1979

5thNovember 1979

1stDecember 1979

In exercise of the powers conferred upon 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, INTERPRETATION ETC.

1. This Order may be cited as the Firemen's Pension Scheme (War Service) Order 1979.

2. This Order shall come into operation on 1st December 1979 and shall have effect as from 1st April 1975.

3.—(1) In this Order references to the Firemen's Pension Scheme 1973 are references to the Scheme set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e).

(2) Subject to the provisions of this Article, this Order shall be construed as one with the Firemen's Pension Scheme 1973, except that in relation to a fireman who has not served as such on or after 1st April 1972 it shall be construed as one with that pension scheme mentioned in Part I of Schedule 1 which is applicable to his case.

(3) In the application of this Order to the case of a fireman who has not served as such on or after 1st April 1972 a reference to the Firemen's Pension Scheme 1973 shall be construed as a reference to that pension scheme mentioned in Part I of Schedule 1 which is applicable to his case, and a reference to a particular provision of the Firemen's Pension Scheme 1973 shall be construed as a reference to the corresponding provision specified in Part II

(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, the relevant amending instruments are S.I. 1976/1273; 1978/1228, 1349, 1577.

of Schedule 1 which is applicable to his case or, if no corresponding provision is specified, shall be disregarded.

(4) In this Order references to firemen are to be construed as references to regular firemen in relation to service on or after 10th July 1956.

(5) In this Order, unless the context otherwise requires, a reference to an Article or a Schedule is a reference to an Article of or a Schedule to this Order, a reference to a paragraph is a reference to a paragraph in the same Article or, as the case may be, the same Part of the same Schedule and a reference to a sub-paragraph is a reference to a sub-paragraph in the same paragraph.

4.—(1) In this Order any reference to a person's war service is, subject to paragraph (2), a reference to whole time service on or after 3rd September 1939 but before 1st July 1950 in the armed forces of the Crown, in the merchant navy or the mercantile marine, or in any of the women's services specified in Schedule 1 to the Superannuation Act 1946(a).

(2) For the purposes of this Order no account shall be taken of a person's period of war service, or that part thereof—

(a) that was performed before he attained the age of 18 years, or

(b) in respect of which he received non-effective pay or excess remuneration, within the meaning of paragraph (3), which he has not repaid, or

(c) by virtue of which an armed forces pension or retired pay is payable to him in pursuance of any Royal Warrant or other instrument otherwise than in respect of disablement, or

(d) by virtue of which he is entitled to reckon a period of pensionable service otherwise than in pursuance of this Order, or

(e) which he has reckoned or has had the opportunity to reckon for the purposes of a public service pension scheme within the meaning of section 51(3)(b) of the Social Security Act 1973(b).

(3) In paragraph (2)(b)—

(a) the expression "non-effective pay" includes naval, military or air force pensions, retired pay or gratuities (other than war gratuities to which section 23 of the Finance (No. 2) Act 1945(c) applied);

(b) the expression "excess remuneration" means, in relation to a retired officer of the armed forces of the Crown who is re-employed in those forces, any service pension drawn in respect of such period of re-employment or any addition to the normal pay attaching to the post in which the officer is re-employed which is granted by reason of the officer's former employment in those forces,

and, for the purposes of paragraph (2)(b), a fire authority shall be entitled to rely upon a certificate, signed by a duly authorised officer of the Ministry of Defence, that non-effective pay or excess remuneration was, or was not, paid in respect of any period and as to the sufficiency of any repayment.

(a) 1946 c. 60.

(b) 1973 c. 38.

(c) 1945 (9 & 10 Geo. 6) c. 13 (replaced by 1952 c. 10).

5. Any notice for the purposes of this Order shall be given in writing to the fire authority maintaining the brigade in which the person giving the notice is serving or, where that person is entitled to a pension or a transfer value has been paid, or is payable, in his case, to the fire authority liable for that pension or transfer value.

6.—(1) This Order shall have effect in the case of a fireman, other than one who died before 1st April 1975 or retired before that date without a pension—

(a) who completed a period of war service,

(b) who after completing his war service and before 1st July 1950 served as a fireman, and

(c) who is (or, immediately before his death, was) entitled to reckon pensionable service by virtue of that period of service as a fireman.

(2) In this Order any reference to a qualified fireman is a reference to such a fireman as is mentioned in paragraph (1).

7.—(1) Nothing in this Order shall affect the calculation of a pension payable in respect of a period ending before 1st April 1975 and no payment shall be made in respect of such a period in the case of a pension which would not have been payable (on account of that or some other pension) but for this Order.

(2) Nothing in this Order shall affect the calculation of a transfer value other than one payable under Article 71A of the Firemen's Pension Scheme 1973 or the Superannuation (Fire and Specified Services) Interchange Rules 1972(a) in the case of a fireman who ceased to serve as such on or after 1st April 1975.

PART II

RECKONING OF WAR SERVICE

8.—(1) A qualified fireman may, in accordance with this Article, by notice elect to reckon pensionable service by virtue of such period of war service as he may specify in the notice ("the specified period of war service") for all the purposes of the Firemen's Pension Scheme 1973 except for the purposes of the calculation of a widow's pension or child's allowance (whether or not by reference to his own pension or notional pension).

(2) A qualified fireman who elects under...

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