Firemen's Pension Scheme (Amendment) Order 1972

JurisdictionUK Non-devolved

1972 No. 522

FIRE SERVICES

The Firemen's Pension Scheme (Amendment) Order 1972

28thMarch 1972

10thApril 1972

1stMay 1972

In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a) (read with Article 2(1) of the Minister for the Civil Service Order 1968(b)), as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c) and sections 12 and 16(3) of the Superannuation Act 1972(d), I hereby, with the approval of the Minister for the Civil Service and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:—

1. This Order may be cited as the Firemen's Pension Scheme (Amendment) Order 1972 and shall come into operation on 1st May 1972 and have effect as from 1st April 1972.

2. In this Order any reference to the principal Scheme is a reference to the Firemen's Pension Scheme 1971(e), as amended (f).

3.—(1) For Article 48(1) of the principal Scheme (previous service other than fire or local government service) there shall be substituted the provision set out in Appendix 1 hereto.

(2) The conditions specified in the said Article 48(1) as set out as aforesaid, or in sub-paragraph (c) or in sub-paragraph (d) thereof, shall be deemed to be satisfied if the conditions specified in the said Article 48(1) as in force immediately before 1st May 1972, or, as the case may be, in sub-paragraph (b) or (c) thereof, had been satisfied before that date.

4. The provisions of Articles 20, 37 and 38 of the principal Scheme (commutation and allocation of pensions) shall apply in relation to an ill-health pension payable to a part-time fireman under Article 74 thereof and, accordingly, in paragraph (2) of the said Article 74 after the number "19" there shall be inserted the numbers "20, 37, 38".

(a) 1947 c. 41.

(b) S.I. 1968/1656 (1968 III, p. 4485).

(c) 1951 c. 65.

(d) 1972 c. 11.

(e) See S.I. 1971/145 (1971 I, p. 320).

(f) The amending instruments are not relevant to the subject matter of this Order.

5. After Schedule 6 to the principal Scheme there shall be inserted the Schedule set out in Appendix 2 hereto.

R. Maudling, One of Her Majesty's Principal Secretaries of State.

27th March 1972.

Approval of the Minister for the Civil Service given under his Official Seal on 28th March 1972.

K. H. McNeill, Authorised by the Minister for the Civil Service.

(L.S.)

APPENDIX 1

PROVISION SUBSTITUTED FOR ARTICLE 48(1) OF THE PRINCIPAL SCHEME

48.—(1) This Article shall apply in the case of a regular fireman—

(a) who before becoming a regular fireman was in such service or employment as is mentioned in Schedule 6A (hereafter referred to in this Article as "former service") by virtue of which he was subject to superannuation arrangements;

(b) who last became a regular fireman within 12 months of the termination of his former service or within such longer period as may be agreed, in the circumstances of his case, between the fire authority and the...

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