Firemen's Pension Scheme Order 1971

STATUTORY INSTRUMENTS

1971 No. 145

FIRE SERVICES

27thJanuary 1971

9thFebruary 1971

15thFebruary 1971

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 sections 1 and 2(1) of the Fire Services Act 1951(c), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(d) and section 8 of the Fire Services Act 1959(e), 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 Order 1971 and shall come into operation on 15th February 1971.

2.—(1) The Firemen's Pension Scheme 1966 (set out in Appendix 2 to the Firemen's Pension Scheme Order 1966(f)) 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 15th February 1971;

(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 the said date 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(g); and

(e) any certificate of pensionable service or entitlement to such a certificate under Article 36 of the said Scheme.

(2) In the preceding paragraph the expression "award" includes a repayment of contributions.

(a) 1947 c. 41.

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

(c) 1951 c. 27.

(d) 1951 c. 65.

(e) 1959 c. 44.

(f) S.I. 1966/1045 (1966 II, p. 2504).

(g) The amending Orders are not relevant to the subject matter of sub-paragraphs (d) and (e).

(3) Section 38 of the Interpretation Act 1889(a) shall apply in relation to the Firemen's Pension Scheme 1966 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.

3. The Pension Scheme set out in Appendix 2 to this Order (hereinafter referred to as the Firemen's Pension Scheme 1971) is hereby brought into operation.

4.—(1) The Firemen's Pension Scheme 1964 (set out in the Appendix to the Firemen's Pension Scheme Order 1964(b), as amended(c), in so far as it continues to have effect under the Firemen's Pension Scheme Order 1966, shall do so as though any reference in Schedule 5 thereto to an award included a reference to an award under the Firemen's Pension Scheme 1971.

(2) The Firemen's Pension Scheme 1966, as amended(d), in so far as it continues to have effect under this Order, shall do so as though any reference in Schedule 5 thereto to an award included a reference to an award under the Firemen's Pension Scheme 1971.

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

26th January 1971.

Approval of the Minister for the Civil Service given under his Official Seal on 27th January 1971.

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

(L.S.)

(a) 1889 c. 63.

(b) S.I. 1964/1148 (1964 II, p. 2574).

(c) The amending Orders are not relevant to the subject matter of paragraph (1).

(d) The amending Orders are not relevant to the subject matter of paragraph (2).

Article 2

APPENDIX 1

ORDERS REVOKED WITH SAVINGS

The Firemen's Pension Scheme Order 1966 S.I. 1966/1045 (1966 II, p. 2504)
                The Firemen's Pension Scheme (Amendment) Order 1966 … … … … … S.I. 1966/1142 (1966 III, p. 2739)
                The Firemen's Pension Scheme (Amendment) Order 1967 … … … … … S.I. 1967/1230 (1967 II, p. 3586)
                The Firemen's Pension Scheme (Amendment) Order 1968 … … … … … S.I. 1968/157 (1968 I, p. 386)
                The FFiremen's Pension Scheme (Amendment)
                (No. 2) Order 1968 … … … … S.I. 1968/397 (1968 I, p. 1076)
                The Firemen's Pension Scheme (Amendment) Order 1969 … … … … … S.I. 1969/1001 (1969 II, p. 2945).
                The Firemen's Pension Scheme (Amendment) Order 1970 … … … … … S.I. 1970/250 (1970 I, p. 977).
                

Article 3

APPENDIX 2

THE FIREMEN'S PENSION SCHEME 1971

ARRANGEMENT OF ARTICLES

PART I

CITATION AND INTERPRETATION

Article

1. Citation.

2. Meaning of "regular fireman".

3. Meaning of "qualifying injury".

4. Meaning of infirmity or death occasioned by an injury.

5. Meaning of "aggregate contributions".

6. Meaning of reference to awards.

7. Meaning of certain expressions related to the operation of the National Insurance Acts.

8. Meaning of certain expressions.

9. Construction of references to provisions of Scheme.

10. Construction of references to enactments and instruments.

11. Application of the Interpretation Act 1889.

PART II

AWARDS ON RETIREMENT OF REGULAR FIREMEN

12. Fireman's ordinary pension.

13. Fireman's short service award.

14. Fireman's ill-health award.

15. Fireman's special pension.

16. Minimum aggregate amount of payments in respect of fireman's pension.

17. Cancellation of fireman's ill-health and special pensions on recovery.

18. Reassessment of fireman's special pension.

19. Reduction of award to fireman who causes or aggravates his infirmity.

20. Commutation of pension.

PART III

AWARDS ON DEATH OF REGULAR FIREMEN

Widows

21. Widow's ordinary award.

22. Widow's special pension.

23. Widow's augmented award.

24. Widow's gratuity by way of commuted pension.

25. Right to widow's pension dependent on date of marriage.

26. Special provisions where widow was living apart from her husband.

27. Effect of remarriage.

Children

28. Child's ordinary allowance.

29. Child's special allowance.

30. Child's special gratuity.

31. Child's gratuity by way of commuted allowance.

32. Duration of child's allowance.

33. Right to child's award dependent on date of birth and other matters.

34. Limitation on amount of child's special allowance.

General

35. Gratuities for dependants other than widows and children.

36. Limitation on discretion to grant a gratuity in lieu of a pension or allowance.

PART IV

ALLOCATION OF PENSIONS AND GENERAL PROVISIONS AFFECTING RIGHTS TO AWARDS

37. Allocation of pension.

38. Limitation on right to commute or allocate part of a pension.

39. Prevention of duplication.

40. Award not payable in case of transfer.

41. Withdrawal of pension or allowance for misconduct.

42. Withdrawal of pension during employment as a regular fireman.

PART V

PENSIONABLE SERVICE OF REGULAR FIREMEN

43. Current service in the brigade.

44. Previous service in a brigade.

45. Period during which a special pension was payable.

46. Absence from duty in the brigade without pay.

47. Previous local government service.

48. Previous service other than fire or local government service.

49. Certificates of pensionable service.

50. Prevention of double reckoning.

PART VI

PENSIONABLE PAY AND CONTRIBUTIONS OF REGULAR FIREMEN

51. Pensionable pay and average pensionable pay.

52. Rate of payment of pension contributions.

53. Rate of payment of additional contributions in certain cases.

54. Method of payment of pension contributions.

55. Repayment of contributions on retirement or death.

56. Repayment of contributions on dismissal.

PART VII

DETERMINATION OF QUESTIONS AND APPEALS

57. General functions of fire authority.

58. Appeal against opinion of fire authority's medical practitioner.

59. Appeal against decision of fire authority.

PART VIII

PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

60. Payment of awards generally.

61. Payment of awards in special cases.

62. Payment of transfer values.

63. Expenses and receipts of fire authorities.

PART IX

SERVICEMEN

64. Awards to servicemen.

65. Awards on death of servicemen.

66. Gratuities for dependants other than widows and children.

67. Servicemen who resume service as regular firemen.

68. Servicemen who do not resume service in their former brigade.

69. Pensionable service, contributions and pay.

70. Servicemen deemed not to have retired.

71. Application to regular firemen with war service.

PART X

MEMBERS OF BRIGADES WHO ARE NOT REGULAR FIREMEN

72. Awards to and in respect of whole-time firemen.

73. Payment of contributions by retained firemen.

74. Part-time firemen: injury award.

75. Widow of part-time fireman: injury pension.

76. Child of part-time fireman: injury allowance.

77. Auxiliary provisions.

PART XI

PERSONS WHO ARE NOT MEMBERS OF BRIGADES

78. Temporary employment in connection with the provision of fire services.

79. Permanent employment as an instructor.

PART XII

PERSONS WHO WERE SERVING ON 10TH JULY 1956

80. Modification of Scheme.

PART XIII

MISCELLANEOUS PROVISIONS

81. Auxiliary firemen not subject to Scheme.

82. Exclusive application of Scheme in relation to regular firemen.

83. Application of Scheme to persons affected by local government reorganisation or a combination scheme.

84. Application of Scheme where modified by section 27 of the principal Act.

85. Age of compulsory retirement.

86. Compulsory retirement on grounds of incapacity.

87. Assessment of disablement.

SCHEDULES

SCHEDULE 1

Part I Fireman's ordinary pension.

Part II Fireman's short service or ill-health pension.

Part III Reduction of fireman's pension at age 65.

Part IV Reduction of pension payable to person paying pension contribution at a rate related to six per cent. of pensionable pay.

Part V Fireman's short service or ill-health gratuity.

Part VI Reduction of fireman's gratuity.

Part VII Minimum injury award.

SCHEDULE 2

Part I Widow's ordinary pension—standard rate.

Part II Widow's ordinary pension—preserved rate.

Part III Widow's ordinary gratuity.

Part IV Widow's special pension.

Part V Widow's augmented special...