Firemen's Pension Scheme (Amendment) (No. 3) Order 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1615 |
1980 No. 1615
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) (No. 3) Order 198027thOctober 1980
3rdNovember 1980
24thNovember 1980
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 consent 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) (No. 3) Order 1980.
2. This Order shall come into operation on 24th November 1980 and shall have effect—
(a) for the purposes of Article 27, as from 1st January 1974;
(b) for the purposes of Article 28, as from 1st April 1972;
(c) for the purposes of Article 29, as from 6th April 1978;
(d) for all other purposes as from 24th November 1980.
3. In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"the Scheme of 1973" means the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(e);
"the Scheme of 1971" means the Firemen's Pension Scheme 1971, set out in Appendix 2 to the Firemen's Pension Scheme Order 1971(f), in so far as it continues to have effect(g);
(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. 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(f) S.I. 1971/145; the relevant amending instruments are S.I. 1971/1329, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(g) See S.I. 1973/966.
"the Scheme of 1966" means the Firemen's Pension Scheme 1966, set out in Appendix 2 to the Firemen's Pension Scheme Order 1966(a), in so far as it continues to have effect(b);
"the Scheme of 1964" means the Firemen's Pension Scheme 1964, set out in Appendix 2 to the Firemen's Pension Scheme Order 1964(c), in so far as it continues to have effect(d);
"the Scheme of 1956" means the Firemen's Pension Scheme 1956, set out in the Appendix to the Firemen's Pension Scheme Order 1956(e), in so far as it continues to have effect(f);
"the Scheme of 1952" means the Firemen's Pension Scheme 1952, set out in Appendix 1 to the Firemen's Pension Scheme Order 1952(g), in so far as it continues to have effect(h), and
"the Scheme of 1948" means the Firemen's Pension Scheme 1948, set out in the Appendix to the Firemen's Pension Scheme Order 1948(i), in so far as it continues to have effect(j).
PART II
AMENDMENTS OF SCHEMES IN RELATION TO AWARDS NOT BASED ON PENSION OR NOTIONAL PENSION
4. There shall be inserted in—
the Scheme of 1973 (as Article 40A in Part III),
the Scheme of 1971 (as Article 36A in Part III),
the Scheme of 1966 (as Article 23A in Part II),
the Scheme of 1964 (as Article 23A in Part II),
the Scheme of 1956 (as Article 22A in Part II),
the Scheme of 1952 (as Article 13A in Part I), and
the Scheme of 1948 (as Article 13A in Part I),
the following provision:—
"Awards not based on pension or notional pension
Schedule 3A shall have effect for the purpose of calculating the amount of certain awards to widows or children under this Scheme which are not calculated by reference to the pension or notional pension of the husband or parent.".
(a) S.I. 1966/1045; the relevant amending instruments are S.I. 1971/1329, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(b) See S.I. 1971/145.
(c) S.I. 1964/1148; the relevant amending instruments are S.I. 1971/1329, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(d) See S.I. 1966/1045.
(e) S.I. 1956/1022; the relevant amending instruments are S.I. 1959/802, 1971/1329, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(f) See S.I. 1964/1148.
(g) S.I. 1952/944; the relevant amending instruments are S.I. 1952/2166, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(h) See S.I. 1956/1022.
(i) S.I. 1948/604; the relevant amending instruments are S.I. 1952/944, 2166, 1975/1717, 1976/1708, 1977/1704, 1978/1577, 1979/1286.
(j) See S.I. 1952/944.
PART III
AMENDMENTS OF ARTICLES RELATING TO AWARDS ON DEATH OF SERVICEMEN
5.—(1) This Article shall have effect for the purpose of the amendment of the following Articles, namely:—
Article 74 of the Scheme of 1973;
Article 65 of the Scheme of 1971;
Article 53 of the Scheme of 1966;
Article 51 of the Scheme of 1964;
Article 46 of the Scheme of 1956.
(2) In paragraph (4)(a) of each of the said Articles for the words "at the rate of £440·81 a year" there shall be substituted the words "calculated in accordance with paragraph 1 of Schedule 3A".
6.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—
Article 37B of the Scheme of 1952;
Article 37B of the Scheme of 1948.
(2) In paragraph (4)(a) of each of the said Articles for the words "at the rate of £330·61 a year" there shall be substituted the words "calculated in accordance with paragraph 1 of Schedule 3A".
7.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 10 of the Scheme of 1952;
Article 10 of the Scheme of 1948.
(2) Subject to paragraph (3) below for the proviso to paragraph (2)(i) of each of the said Articles there shall be substituted the following proviso:—
"Provided that where, after taking account of any increases provided for by paragraph 6 of Schedule 3A, the said pension is payable at a rate less than the rate at which a pension is payable under Article 37B(4)(a) it shall be paid at the rate of a pension payable under the said Article 37B (4)(a).".
(3) In the case of the Scheme of 1948 the proviso inserted by paragraph (2) above shall have effect as if for the words "paragraph 6" there were substituted the words "paragraph 3".
PART IV
AMENDMENTS OF PROVISIONS RELATING TO AWARDS TO OR IN RESPECT OF PART-TIME FIREMEN
8.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 55(3) of the Scheme of 1956;
Article 23A(2) of the Scheme of 1952.
(2) Subject to paragraph 3 below in each of the said Articles for the words "the rate of £16·28 a week" in sub-paragraph (a) and the words "the rate of £10·94 a week" in sub-paragraph (b) there shall be substituted the words "the rate calculated in accordance with paragraph 5(1) of Schedule 3A.".
(3) In the case of the Scheme of 1952 the words substituted by paragraph(2) above shall have effect as if for the words "paragraph 5(1)" there were substituted the words "paragraph 3".
(4) In sub-paragraph (c) of Article 55(3) of the Scheme of 1956 for the words "the rate of £8·53 a week" there shall be substituted the words "the rate calculated in accordance with paragraph 5(3) of Schedule 3A.".
9.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 75(3) of the Scheme of 1971;
Article 63(3) of the Scheme of 1966;
Article 61(3) of the Scheme of 1964;
Article 56(1) of the Scheme of 1956;
Article 23B(1) of the Scheme of 1952.
(2) In sub-paragraphs (a), (b) and (c) of each of the said provisions for the words "the rate of £6·04 a week", "the rate of £9·06 a week" and "the rate of £13·62 a week" respectively there shall be substituted the words "the rate calculated in accordance with paragraph 2 of Schedule 3A.".
10.—(1) This Article shall have effect for the amendment of the following provisions, namely:—
Article 76(3) of the Scheme of 1971;
Article 64(3) of the Scheme of 1966;
Article 62(3) of the Scheme of 1964;
Article 57(1) of the Scheme of 1956.
(2) In sub-paragraph (a) of each of the said provisions for the words "the rate of £3·28 a week" there shall be substituted the words "the rate calculated in accordance with paragraph 3 of Schedule 3A.".
(3) In sub-paragraph (b) of each of the said provisions for the words "not exceeding £2·49 a week if and so long as the child's father is living and not exceeding £3·28 a week if the child has no parent living" there shall be substituted the words "not exceeding the rates calculated in accordance with paragraph 4 of Schedule 3A.".
11. In Article 23C(1) of the Scheme of 1952 for the words "the rate of £3·28 a week" there shall be substituted the words "the rate calculated in accordance with paragraph 4 of Schedule 3A.".
PART V
AMENDMENT OF PROVISIONS RELATING TO CONTRACTING OUT
12. In Article 91A of the Scheme of 1973 paragraph (7A) shall be omitted.
PART VI
AMENDMENTS OF SCHEDULES RELATING TO WIDOWS' ORDINARY PENSIONS
13.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Part I of Schedule 2 to the Scheme of 1973;
Part I of Schedule 2 to the Scheme of 1971;
Part I of Schedule 2 to the Scheme of 1966.
(2) Subject to paragraph (3) below for paragraph 2 of each of the said provisions there shall be substituted the following paragraph:—
"2. Where in respect of any period a widow so elects, the annual rate of her ordinary pension in respect of that period shall be calculated in accordance with paragraph 2 of Schedule 3A by reference to the rank held by her husband at the time when he ceased to be a regular fireman.".
(3) Except in the case of the Scheme of 1973 the paragraph substituted by paragraph (2) of this Article shall have effect as if for the words "paragraph 2" there were substituted the words "paragraph 5".
14.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Part II of Schedule 2 to the Scheme of 1971;
Part II of Schedule 2 to the Scheme of 1966;
Part I of Schedule 2 to the Scheme of 1964;
Part I of Schedule 2 to the Scheme of 1956.
(2) Subject to paragraph (3) below for Scheme I of each...
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