Firemen's Pension Scheme Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1148 |
1964 No. 1148
FIRE SERVICES
The Firemen's Pension Scheme Order 196423rdJuly 1964
31stJuly 1964
1stAugust 1964
In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), as amended and extended by sections 1 and 2(1) of the Fire Services Act 1951(b), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c) and section 8 of the Fire Services Act 1959(d), 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) The Firemen's Pension Scheme 1956 (set out in the Appendix to the Firemen's Pension Scheme Order 1956(e)) and the Orders set out in Appendix 1 to this Order shall cease to have effect save in relation to—
(a) any award or claim to an award on a person's retirement or dismissal or on his ceasing to serve in the armed forces of the Crown, before 1st August 1964;
(b) any award or claim to an award in respect of the death of a person before the said date;
(c) any pension or claim to a pension by the nominee of a fireman whose pension has been reduced before 1st August 1964 as a result of his having given notice of intention to surrender a portion thereof, being a pension actuarially equivalent to that surrendered portion;
(d) any undertaking to make payments in accordance with Schedule 5 to the said Scheme, as amended(f); and
(e) any certificate of pensionable service or entitlement to such a certificate under Article 34 of the said Scheme.
(2) In the preceding paragraph the expression "award" includes a repayment of contributions.
(3) Section 38 of the Interpretation Act 1889(g) shall apply in relation to the Firemen's Pension Scheme 1956 and the Orders set out in Appendix 1 to this Order, to the extent that they cease to have effect under this Article, as if this Article were an Act of Parliament and the said Scheme and Orders were Acts of Parliament repealed by an Act of Parliament.
(c) 14 & 15 Geo. 6. c. 65.
(d) 7 & 8 Eliz. 2. c. 44.
(e) S.I. 1956/1022 (1956 I, p. 953).
(f) The relevant amending instrument is S.I. 1960/1848 (1960 II, p. 1471).
(g) 52 & 53 Vict. c. 63.
2. The Pension Scheme set out in Appendix 2 to this Order (hereinafter referred to as the Firemen's Pension Scheme 1964) is hereby brought into operation.
3.—(1) The Firemen's Pension Scheme 1948 (set out in the Appendix to the Firemen's Pension Scheme Order 1948(a)), as amended(b), in so far as it continues to have effect under the Firemen's Pension Scheme Order 1952(c), shall do so as though paragraph 6 of Schedule 10 thereto made the provision referred to in paragraph (4) of this Article.
(2) The Firemen's Pension Scheme 1952 (set out in Appendix 1 to the Firemen's Pension Scheme Order 1952), as amended(b), in so far as it continues to have effect under the Firemen's Pension Scheme Order 1956, shall do so as though paragraph 6 of Schedule 10 thereto made the provision referred to in paragraph (4) of this Article.
(3) The Firemen's Pension Scheme 1956, as amended(d), in so far as it continues to have effect under this Order, shall do so as though—
(a) Article 19 thereof made the provision referred to in paragraph (4) of this Article, and
(b) any reference in Schedule 5 thereto to an award included a reference to an award under the Firemen's Pension Scheme 1964.
(4) The provision referred to in the preceding paragraphs of this Article is provision for the payment of a child's allowance, in the case of a child who has attained the age of 16 years, if and so long as he has not attained the age of 19 years and either is receiving full-time education or is an apprentice.
4. This Order may be cited as the Firemen's Pension Scheme Order 1964 and shall come into operation on 1st August 1964.
Henry Brooke, One of Her Majesty's Principal Secretaries of State.
22nd July 1964.
We approve,
M. A. Hamilton, Ian MacArthur, Two of the Lords Commissioners of Her Majesty's Treasury.
23rd July 1964.
(a) S.I. 1948/604 (Rev. VII, p. 776: 1948 I, p. 1091).
(b) The relevant amending instrument is S.I. 1959/1495 (1959 I, p. 1289).
(c) S.I. 1952/944 (1952 I, p. 1003).
(d) The relevant amending instruments are S.I. 1958/370, 1959/1495, 1960/1848 (1958 I, p. 1153; 1959 I, p. 1289; 1960 II, p. 1471).
Article 1
APPENDIX 1
ORDERS REVOKED WITH SAVINGS
The Firemen's Pension Scheme Order S.I. 1956/1022 (1956 I, p. 953) 1956 The Firemen's Pension Scheme (No. S.I. 1956/2014 (1956 I, p. 994) 2) Order 1956 The Firemen's Pension Scheme Order S.I. 1958/370 (1958 I, p. 1153) 1958. The Firemen's Pension Scheme Order S.I. 1959/802 (1959 I, p. 1282). 1959. The Firemen's Pension Scheme (No. S.I. 1959/1495 (1959 I, p. 1289). 2) Order 1959. The Firemen's Pension Scheme Order S.I. 1960/1848 (1960 II, p. 1471). 1960. The Firemen's Pension Scheme (No. S.I. 1960/2385 (1960 II, p. 1474). 2) Order 1960. The Firemen's Pension Scheme S.I. 1962/729 (1962 I, p. 744). (Amendment) Order 1962. The Firemen's Pension Scheme S.I. 1963/2073 (1963 III, p. 4388). (Amendment) Order 1963.
Article 2
APPENDIX 2
THE FIREMEN'S PENSION SCHEME 1964
ARRANGEMENT OF ARTICLES
PART I
AWARDS ON RETIREMENT OF REGULAR FIREMEN
Article
1. Fireman's ordinary pension.
2. Fireman's short service award.
3. Fireman's ill-health award.
4. Fireman's special pension.
5. Minimum aggregrate amount of payments in respect of fireman's pension.
6. Cancellation of fireman's ill-health and special pensions on recovery.
7. Reassessment of fireman's special pension.
8. Reduction of award to fireman who causes or aggravates his infirmity.
9. Commutation of pension.
PART II
AWARDS ON DEATH OF REGULAR FIREMEN
Widows
10. Widow's ordinary award.
11. Widow's special pension.
12. Widow's gratuity by way of commuted pension.
13. Right to widow's pension dependent on date of marriage.
14. Special provisions where widow was living apart from her husband.
15. Effect of remarriage.
Children
16. Child's ordinary allowance.
17. Child's special allowance.
18. Child's gratuity by way of commuted allowance.
19. Duration of child's allowance.
20. Right to child's allowance dependent on date of birth and other matters.
21. Limitation on amount of child's special allowance.
General
22. Gratuities for dependants other than widows and children.
23. Limitation on discretion to grant a gratuity in lieu of a pension or allowance.
PART III
ALLOCATION OF PENSIONS AND GENERAL PROVISIONS AFFECTING RIGHTS TO AWARDS
24. Allocation of pension.
25. Limitation on right to commute or allocate part of a pension.
26. Prevention of duplication.
27. Award not payable in case of transfer.
28. Withdrawal of pension or allowance for misconduct.
29. Withdrawal of pension during employment as a regular fireman.
PART IV
PENSIONABLE SERVICE OF REGULAR FIREMEN
30. Current service in the brigade.
31. Previous service in a brigade.
32. Period during which a special pension was payable.
33. Absence from duty in the brigade without pay.
34. Previous local government service.
35. Previous service other than fire or local government service.
36. Certificates of pensionable service.
37. Prevention of double reckoning.
PART V
PENSIONABLE PAY AND CONTRIBUTIONS OF REGULAR FIREMEN
38. Pensionable pay and average pensionable pay.
39. Rate of payment of pension contributions.
40. Method of payment of pension contributions.
41. Repayment of contributions on retirement or death.
42. Repayment of contributions on dismissal.
PART VI
DETERMINATION OF QUESTIONS AND APPEALS
43. General functions of fire authority.
44. Appeal against opinion of fire authority's medical practitioner.
45. Appeal against decision of fire authority.
PART VII
PAYMENT OF AWARDS AND FINANCIAL PROVISIONS
46. Payment of awards generally.
47. Payment of awards in special cases.
48. Payment of transfer values.
49. Expenses and receipts of fire authorities.
PART VIII
SERVICEMEN
50. Awards to servicemen.
51. Awards on death of servicemen.
52. Gratuities for dependants other than widows and children.
53. Servicemen who resume service as regular firemen.
54. Servicemen who do not resume service in their former brigade.
55. Pensionable service, contributions and pay.
56. Servicemen deemed not to have retired.
57. Application to regular firemen with war service.
PART IX
MEMBERS OF BRIGADES WHO ARE NOT REGULAR FIREMEN
58. Awards to and in respect of whole-time firemen.
59. Payment of contributions by retained firemen.
60. Part-time firemen: injury award.
61. Widow of part-time fireman: injury pension.
62. Child of part-time fireman: injury allowance.
63. Auxiliary provisions.
PART X
PERSONS WHO ARE NOT MEMBERS OF BRIGADES
64. Temporary employment in connection with the provision of fire services.
65. Permanent employment as an instructor.
PART XI
PERSONS WHO WERE SERVING ON 10TH JULY 1956
66. Modification of Scheme.
PART XII
MISCELLANEOUS PROVISIONS AND INTERPRETATION
67. Auxiliary firemen not subject to Scheme.
68. Exclusive application of Scheme in relation to regular firemen.
69. Application of Scheme in cases of compulsory transfer.
70. Application of Scheme where modified by section 27 of principal Act.
71. Age of compulsory retirement.
72. Compulsory retirement on grounds of incapacity.
73. Assessment of disablement.
74. Meaning of "regular fireman".
75. Meaning of "qualifying injury".
76. Meaning of infirmity or death occasioned by an injury.
77. Meaning of "aggregate contributions".
78. Meaning of reference to awards.
79. Meaning of certain expressions related to the operation of the National Insurance Acts.
80. Meaning of certain expressions.
81. Construction of references to provisions of Scheme.
82. Construction of references to enactments and instruments.
83. Application of the Interpretation Act 1889.
84. Citation.
SCHEDULES
SCHEDULE 1
Part I Fireman's ordinary pension.
Part II Fireman's short service or ill-health pension.
...To continue reading
Request your trial