Firemen's Pension Scheme Order, 1956
| Jurisdiction | UK Non-devolved |
| Citation | SI 1956/1022 |
| Year | 1956 |
1956 No. 1022
The Firemen's Pension Scheme Order, 19562ndJuly 1956
9thJuly 1956
10thJuly 1956
In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), sections one and two of the Fire Services Act, 1951(b), and section forty-two of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act, 1951(c), 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. The Pension Scheme set out in the Appendix to this Order (hereinafter referred to as the Firemen's Pension Scheme, 1956) is hereby brought into operation.
2.—(1) The Firemen's Pension Scheme Order, 1952(d), the Firemen's Pension Scheme (No. 2) Order, 1952(e), the Firemen's Pension Scheme (No. 3) Order, 1952(f), the Firemen's Pension Scheme Order, 1953(g), the Foremen's Pension Scheme Order, 1954(h), the Firemen's Pension Scheme (No. 2) Order. 1954(i), and the Firemen's Pension Scheme Order, 1955(j), shall cease to have effect save in relation to—
(a) any award or claim to an award on the retirement or dismissal of a member of a fire brigade or on a person's ceasing to serve in the armed forces of the Crown, before the tenth day of July, 1956;
(b) any award or claim to an award in respect of the death of a person before the said date;
(c) any undertaking to make payments in accordance with the provisions of the Eleventh Schedule to the Firemen's Pension Scheme, 1952 (set out in the First Appendix to the Firemen's Pension Scheme Order, 1952), as amended by Article 4 of the Firemen's Pension Scheme Order, 1954, and Article 4 of the Firemen's Pension Scheme Order, 1955; and
(d) any certificate of pensionable service or entitlement to such a certificate under Article 19D of the Firemen's Pension Scheme, 1952, as set out in Article 3 of the Firemen's Pension Scheme Order, 1953, and amended by Article 3 of the Firemen's Pension Scheme Order, 1954.
(2) The Firemen's Pension Scheme, 1952 (set out as aforesaid), in so far as it continues to have effect, shall do so as though any reference in the Eleventh Schedule thereto to an award, included a reference to an award under the Firemen's Pension Scheme, 1956.
(3) In paragraph (1) of this Article the expression "award" includes a repayment of contributions.
(c) 14 & 15 Geo. 6. c. 65.
(d) S.I. 1952/944 (1952 I, p. 1003).
(e) S.I. 1952/1447 (1952 I, p. 1046).
(f) S.I. 1952/2166 (1952 I, p. 1047).
(g) S.I. 1953/1385 (1953 I, p. 778).
(h) S.I. 1954/1365 (1954 I, p. 906).
(i) S.I. 1954/1663 (1954 I, p. 909).
(j) S.I. 1955/1571 (1955 I, p. 911).
(4) Section thirty-eight of the Interpretation Act, 1889(a), shall apply in relation to the Orders mentioned in paragraph (1) of this Article, to the extent that they cease to have effect thereunder, as if this Article were an Act of Parliament and the said Orders were Acts of Parliament repealed by an Act of Parliament.
3.—(1) The Firemen's Pension Scheme, 1948 (set out in the Appendix to the Firemen's Pension Scheme Order, 1948(b)), in so far as it continues to have effect under Article 2 of the Firemen's Pension Scheme Order, 1952, shall do so as if any reference to an award in paragraph 4 of the Eleventh Schedule to the said Scheme, as set out in Article 15 of the Firemen's Pension Scheme (No. 2) Order, 1949(c), included a reference to an award under the Firemen's Pension Scheme, 1956.
4. This Order may be cited as the Firemen's Pension Scheme Order, 1956, and shall come into operation on the tenth day of July, 1956.
G. Lloyd-George, One of Her Majesty's Principal Secretaries of State.
2nd July, 1956.
We approve,
Gerald Wills, Harwood Harrison, Two of the Lords Commissioners of Her Majesty's Treasury.
2nd July, 1956.
APPENDIX
THE FIREMEN'S PENSION SCHEME, 1956
ARRANGEMENT OF ARTICLES
PART I
AWARDS ON RETIREMENT OF REGULAR FIREMEN
1. Fireman's ordinary pension.
2. Fireman's short service award.
3. Fireman's ill-health award.
4. Fireman's special pension.
5. Minimum aggregate amount of payments in respect of fireman's pension.
6. Cancellation of fireman's ill-health pension on recovery.
7. Reassessment of fireman's special pension.
8. Reduction of award to fireman who causes or aggravates his infirmity.
9. Reduction of fireman's pension at age sixty-five.
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1948/604 (Rev. VII, p. 776: 1948 I, p. 1091).
(c) S.I. 1949/1469 (1949 I, p. 1666).
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.
Dependants
22. Gratuities for dependants other than widows and children.
PART III
ALLOCATION OF PENSIONS AND GENERAL PROVISIONS AFFECTING RIGHTS TO AWARDS
23. Allocation of pension.
24. Prevention of duplication.
25. No entitlement to award where transfer value is payable.
26. Withdrawal of pension while pensioner is employed by a local authority.
27. Withdrawal of pension or allowance for misconduct.
PART IV
PENSIONABLE SERVICE OF REGULAR FIREMEN
28. Current service in the brigade.
29. Previous service in the brigade and period during which a special pension is payable.
30. Absence from duty in the brigade without pay.
31. Previous service in another brigade.
32. Previous local government service.
33. Previous service other than fire or local government service.
34. Certificates of pensionable service.
PART V
PENSIONABLE PAY AND CONTRIBUTIONS OF REGULAR FIREMEN
35. Pensionable pay and average pensionable pay.
36. Payment of contributions.
37. Repayment of contributions or part thereof.
PART VI
DETERMINATION OF QUESTIONS AND APPEALS
38. General functions of fire authority.
39. Appeal against opinion of fire authority's medical practitioner.
40. Appeal against decision of fire authority.
PART VII
PAYMENT OF AWARDS AND FINANCIAL PROVISIONS
41. Payment of awards generally.
42. Payment of awards in special cases.
43. Payment of transfer values.
44. Expenses and receipts of fire authorities.
PART VIII
SERVICEMEN
45. Awards to servicemen.
46. Awards on death of servicemen.
47. Gratuities for dependants other than widows and children.
48. Servicemen who resume service as regular firemen.
49. Servicemen who do not resume service in their former brigade.
50. Pensionable service.
51. Pension contributions and pensionable pay.
52. Application to regular firemen with war service.
PART IX
MEMBERS OF BRIGADES WHO ARE NOT REGULAR FIREMEN
53. Awards to and in respect of whole-time firemen.
54. Payment of contributions by retained fireman.
55. Part-time fireman: injury award.
56. Widow of part-time fireman: injury pension.
57. Child of part-time fireman: injury allowance.
58. Application of certain auxiliary provisions of Scheme.
PART X
PERSONS WHO ARE NOT MEMBERS OF BRIGADES
59. Temporary employment in connection with the provision of fire services.
PART XI
PERSONS SERVING ON THE TENTH DAY OF JULY, 1956
60. Modifications of Scheme.
PART XII
MISCELLANEOUS PROVISIONS AND INTERPRETATION
61. Auxiliary firemen not subject to Scheme.
62. Exclusive application of Scheme in relation to regular firemen.
63. Assessment of disablement.
64. Meaning of "regular fireman".
65. Meaning of "qualifying injury".
66. Meaning of infirmity or death occasioned by an injury.
67. Meaning of "aggregate contributions".
68. Meaning of references to award.
69. Meaning of certain expressions.
70. Meaning of references to enactments and application of Interpretation Act, 1889.
71. Citation.
SCHEDULES
FIRST SCHEDULE
Part 1.—Fireman's Ordinary Pension.
Part II.—Fireman's Short Service or Ill-Health Pension.
Part III—Fireman's Short Service or Ill-Health Gratuity.
Part IV.—Minimum Injury Award.
Part V.—Reduction of Fireman's Pension at Age Sixty-Five.
SECOND SCHEDULE
Part I.—Widow's Ordinary Pension:
Part II.—Widow's Ordinary Gratuity.
Part III.—Widow's Special Pension.
Part IV.—Widow's Gratuity by way of Commuted Pension.
THIRD SCHEDULE
Part I.—Child's Ordinary Allowance.
Part II.—Child's Special Allowance.
Part III.—Variation of Child's Allowance.
Part IV.—Child's Gratuity by way of Commuted Allowance.
FOURTH SCHEDULE.—Increase in Widow's Pension or Child's Allowance.
FIFTH SCHEDULE.—Payment by Fireman in respect of Previous Service.
SIXTH SCHEDULE.—Appeals to Medical Referees.
SEVENTH SCHEDULE.—Transfer Values.
EIGHTH SCHEDULE.—Modifications to Scheme in its Application to Firemen Serving on the Tenth Day of July, 1956.
PART I
AWARDS ON RETIREMENT OF REGULAR FIREMEN
Fireman's ordinary pension
1.—(1) Every regular fireman who has attained the age of fifty years and retires, being entitled to reckon at least twenty-five years' pensionable service, shall be entitled to receive a fireman's ordinary pension of an amount determined in accordance with Part I of the First Schedule to this Scheme.
(2) Notwithstanding anything in paragraph (1) of this Article, a chief officer or in Scotland a firemaster who retires before attaining the age of fifty-five yews, shall not be entitled to a pension under this Article unless his notice of retirement Was given with the permission of the fire authority.
Fireman's short service award
2.—(1) Every regular fireman who is required to retire on account of age, but is not entitled to an ordinary pension under Article 1 of this Scheme, shall be entitled to receive a fireman's short service award.
(2) In the case of a fireman entitled to reckon at least ten years' pensionable...
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