Firemen's Pension Scheme (No. 3) Order, 1952
| Jurisdiction | UK Non-devolved |
| Citation | SI 1952/2166 |
| Year | 1952 |
1952 No. 2166
The Firemen's Pension Scheme (No. 3) Order, 195212thDecember 1952
13thDecember 1952
15thDecember 1952
In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), and section two of the Pensions (Increase) Act, 1952(b), 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:—
PART I
AMENDMENTS OF THE FIREMEN'S PENSION SCHEME, 1952, AS AMENDED(c), RELATING TO INCREASES IN WIDOWS' AND CHILDREN'S AWARDS
1. In paragraph (1) of Article 4 of the Firemen's Pension Scheme, 1952, as set out in the First Appendix to the Firemen's Pension Scheme Order, 1952 (hereinafter called "the Scheme of 1952")(d), for the words "The amount of the said pension shall be determined in accordance with the Third Schedule to this Scheme" there shall be substituted the words "The amount of a widow's ordinary pension, including such a pension granted before the first day of October, nineteen hundred and fifty-two, shall be determined in accordance with the Third and Sixteenth Schedules to this Scheme.".
2. In paragraph (1) of Article 5 of the Scheme of 1952 for the words from "The amount of the said allowance" to the end of the said paragraph there shall be substituted the words "The amount of a child's ordinary allowance, including such an allowance granted before the first day of October, nineteen hundred and fifty-two, shall be determined in accordance with Part I of the Fifth Schedule to this Scheme; but the provisions of this Article and of the said Part I shall have effect subject to the provisions of Part II of that Schedule and of the Sixteenth Schedule to this Scheme.".
3. For paragraph (2) of Article 7 of the Scheme of 1952 there shall be substituted the following paragraph:—
"(2) The amount of a widow's special pension, including such a pension granted before the first day of October, nineteen hundred and fifty-two, shall be determined in accordance with the Seventh and Sixteenth Schedules to this Scheme.".
4. For paragraph (2) of Article 8 of the Scheme of 1952 there shall be substituted the following paragraph:—
"(2) The amount of a child's special allowance, including such an allowance granted before the first day of October, nineteen hundred and fifty-two, shall be determined in accordance with Part I of the Eighth Schedule to this Scheme, but the provisions of this Article and of the said Part I shall have effect subject to the provisions of Part II of that Schedule and of the Sixteenth Schedule to this Scheme.".
(b) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 45.
(c) S.I. 1952/944, p. 1003 above, as amended by S.I. 1952/1447, p. 1046 above.
(d) S.I. 1952/944, p. 1003 above.
5. After Article 8 of the Scheme of 1952 there shall be inserted the following Article:—
"Widows' pensions and children's allowances subject to section twenty-seven of the principal Act
8A. Where in relation to a widow's pension or child's allowance granted under this Scheme, including such a pension or allowance granted before the first day of October, nineteen hundred and fifty-two, this Scheme is subject to the modifications set out in subsection (3) of section twenty-seven of the principal Act, then—
(a) if the amount of that pension or allowance is calculated by reference to the remuneration of the person in respect of whom it is payable it shall be increased in accordance with the provisions of paragraph 1 of the Sixteenth Schedule to this Scheme;
(b) if the amount of that pension or allowance is calculated otherwise than as aforesaid, it shall be increased in accordance with the provisions of paragraphs 1 and 2 of the Sixteenth Schedule to this Scheme; and
(c) if that pension or allowance is payable at the higher of two different rates it shall be payable in respect of each week at the higher of those rates after taking into account the increases, if any, conferred by virtue of the Pensions (Increase) Acts, 1944 and 1947(a), and of this Article.".
6. At the end of sub-paragraph (i) of paragraph (2) of Article 10 of the Scheme of 1952 there shall be added the following proviso:—
"Provided that where the said marginal rate is less than £30 a year the pension shall be paid at the rate of £30 a year;".
and for the proviso to the said paragraph there shall be substituted the following provisos:—
"Provided that—
(a) for the purposes of the preceding provisions of this paragraph, any increase in the amount of a pension or allowance in accordance with the provisions of the Sixteenth Schedule to this Scheme shall be ignored; and
(b) the amount of any pension or allowance granted or increased under this paragraph, including such a pension or allowance granted or increased before the first day of October, nineteen hundred and fifty-two, shall be increased or further increased, as the case may be, in accordance with the provisions of paragraph 1 of the Sixteenth Schedule to this Scheme.".
7.—(1) In the proviso to paragraph (3) of Article 24 of the Scheme of 1952 after the words "under this Scheme" there shall be inserted the words "ignoring any increase in accordance with the provisions of the Sixteenth Schedule to this Scheme".
(2) After paragraph (3) of the said Article there shall be inserted the following paragraph:—
"(4) The amount of a pension or allowance granted under paragraph (3) of this Article, including such a pension or allowance granted before the first day of October, nineteen hundred and fifty-two, shall be increased in accordance with the provisions of paragraph 1 of the Sixteenth Schedule to this Scheme.".
(3) Paragraph (4) of the said Article shall stand as paragraph (5).
(a) 7 & 8 Geo. 6. c. 21 and 10 & 11 Geo. 6. c. 7.
8. At the end of sub-paragraph (b) of paragraph (4) of Article 37B of the Scheme of 1952 there shall be added the following words:—
"ignoring any increase in accordance with the provisions of the Sixteenth Schedule to this Scheme:
Provided that the amount of any pension or allowance granted or increased under this paragraph, including such a pension or allowance granted or increased before the first day of October, nineteen hundred and fifty-two, shall be increased or further increased in accordance with the provisions of paragraph 1 of the Sixteenth Schedule to this Scheme.".
9.—(1) In the Third Schedule to the Scheme of 1952, for the words from "The pension shall be calculated in accordance with Scheme I:" to "than Scheme I." there shall be substituted the following words:—
"The amount of a widow's ordinary pension in respect of each week shall be the amount calculated according to Scheme I set out below, or where the fireman's period of pensionable service amounts to at least ten years, according to whichever of the two Schemes set out below would yield to the widow the higher pension, after taking into account the increase, if any, conferred by virtue of the Pensions (Increase) Acts...
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