Firemen's Pension Scheme Order, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/396 |
| Year | 1949 |
1949 No. 396
FIRE SERVICES
The Firemen's Pension Scheme Order, 19497thMarch 1949
9thMarch 1949
On the day after the Order is laid before Parliament
In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), and of all other powers enabling me in that behalf, 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) For sub-paragraph (a) of paragraph (2) of Article 6 of the Firemen's Pension Scheme, 1948, set out in the Appendix to the Firemen's Pension Scheme Order, 1948(b), there shall be substituted the following sub-paragraph:—
"(a) the infirmity of mind or body was occasioned by an injury received without his own default in the execution of his duties—
(i) as a fireman,
(ii) as a professional fireman within the meaning of the Fire Brigade Pensions Act, 1925(c), whether or not a member of the London Fire Brigade, or as a member of a police force employed whole-time on fire brigade duties within the meaning of the Fire Brigades Act, 1938(d), or
(b) S.I. 1948 (No. 604) I, p. 1091.
(c) 15 & 16 Geo. 5. c. 47.
(d) 1 & 2 Geo. 6. c. 72.
(iii) as a whole-time member of the National Fire Service to whom the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1941(a), the National Fire Service (Preservation of Pensions) (London and West Ham) Regulations, 1941(b), the National Fire Service (Preservation of Pensions) (Birmingham and Leicester) Regulations, 1941(c), the National Fire Service (Preservation of Pensions) (Bolton and Derby) Regulations, 1941(d), or the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations, 1941(e), applied;".
(2) For sub-paragraph (b) of paragraph (3) of the said Article there shall be substituted the following sub-paragraph:—
"(b) any sickness benefit payable under the National Insurance Act, 1946(f), until the first day after his retirement which is not or is deemed not to be a day of incapacity for work under section eleven of that Act or regulations made thereunder."
2. After Article 18 of the said Scheme there shall be inserted the following Articles:—
"Service before the appointed day in the case of a person becoming a fireman within one year of that day.
18A.—(1) Where a person becomes a fireman within the period of one year beginning with the appointed day and has served as a professional fireman and last so served in such a fire brigade as is mentioned in paragraph (2) of this Article and retired therefrom without a pension, his previous service shall be taken into account in accordance with the provisions of paragraph (3) of this Article, subject to his paying to the fire authority any sum which became payable to him at the end of the period of such service by way of gratuity or return of rateable deductions or contributions.
(2) The fire brigade mentioned in the preceding paragraph is one maintained by an authority whose area is comprised in the area of the fire authority by whom he becomes employed or one maintained by that authority.
(3) The provisions of paragraphs (2), (3) and (6) of Article 15 and the Twelfth Schedule to this Scheme shall apply in the case of such a fireman as is mentioned in paragraph (1) of this Article as though for the words 'the fire authority by whom he is employed on the appointed day', wherever they occur in the said Article 15 or the Twelfth Schedule, there were substituted the words 'the fire authority by whom he becomes employed' and as though for the words 'the appointed day', wherever they otherwise so occur, there were substituted the words 'he last ceased to be a professional fireman or to be a permanent whole-time member of the National Fire Service' as if the said provisions were contained in this paragraph.
(4) In this Article 'professional fireman' has the same meaning as in the Fire Brigade Pensions Act, 1925(g), but includes a member of a police force employed whole-time on fire brigade duties within the meaning of the Fire Brigades Act,...
To continue reading
Request your trial