Firemen's Pension Scheme Order 1966

STATUTORY INSTRUMENTS

1966 No. 1045

FIRE SERVICES

11thAugust 1966

25thAugust 1966

26thAugust 1966

In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), as amended and extended by sections 1 and 2(1) of the Fire Services Act 1951(b), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c) and section 8 of the Fire Services Act 1959(d), 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) The Firemen's Pension Scheme 1964 (set out in Appendix 2 to the Firemen's Pension Scheme Order 1964(e)) 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 26th August 1966 ;

(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 26th August 1966 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(f) ; 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.

(3) Section 38 of the Interpretation Act 1889(g) shall apply in relation to the Firemen's Pension Scheme 1964 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under this Article, as if this Article were an Act of Parliament and the said Scheme and Orders were Acts of Parliament repealed by an Act of Parliament.

(a) 1947 c. 41.

(b) 1951 c. 27.

(c) 1951 c. 65.

(d) 1959 c. 44.

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

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

(g) 1889 c. 63.

2. The Pension Scheme set out in Appendix 2 to this Order (hereinafter referred to as the Firemen's Pension Scheme 1966) is hereby brought into operation.

3.—(1) The Firemen's Pension Scheme 1956 (set out in the Appendix to the Firemen's Pension Scheme Order 1956(a)), as amended(b), in so far as it continues to have effect under the Firemen's Pension Scheme Order 1964, 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 1966.

(2) The Firemen's Pension Scheme 1964, as amended(c), 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 1966.

4. This Order may be cited as the Firemen's Pension Scheme Order 1966 and shall come into operation on 26th August 1966.

Roy Jenkins, One of Her Majesty's Principal Secretaries of State.

10th August 1966.

We approve,

George Lawson, Joseph Harper, Two of the Lords Commissioners of Her Majesty's Treasury.

11th August 1966.

(a) S.I. 1956/1022 (1956 I, p. 953).

(b) The relevant amending instrument is S.I. 1960/1848 (1960 II, p. 1471).

(c) S.I. 1965/604, 1905 (1965 I, p. 1914, III, p. 5748).

Article 1

APPENDIX 1

ORDERS REVOKED WITH SAVINGS

The Firemen's Pension Scheme Order S.I. 1964/1148 (1964 II, p. 2574) 1964
                The Firemen's Pension Scheme S.I. 1965/604 (1965 I, p. 1914) (Amendment) Order 1965
                The Firemen's Pension Scheme S.I. 1965/1905 (1965 III, p. 5748) (Amendment) (No. 2) Order 1965.
                

Article 2

APPENDIX 2

THE FIREMEN'S PENSION SCHEME 1966

ARRANGEMENT OF ARTICLES

PART I

AWARDS ON RETIREMENT OF REGULAR FIREMEN

Article

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 and special pensions on recovery.

7. Reassessment of fireman's special pension.

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

9. Commutation of pension.

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.

General

22. Gratuities for dependants other than widows and children.

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

PART III

ALLOCATION OF PENSIONS AND GENERAL PROVISIONS AFFECTING RIGHTS TO AWARDS

Article

24. Allocation of pension.

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

26. Prevention of duplication.

27. Award not payable in case of transfer.

28. Withdrawal of pension or allowance for misconduct.

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

PART IV

PENSIONABLE SERVICE OF REGULAR FIREMEN

30. Current service in the brigade.

31. Previous service in a brigade.

32. Period during which a special pension was payable.

33. Absence from duty in the brigade without pay.

34. Previous local government service.

35. Previous service other than fire or local government service

36. Certificates of pensionable service.

37. Prevention of double reckoning.

PART V

PENSIONABLE PAY AND CONTRIBUTIONS OF REGULAR FIREMEN

38. Pensionable pay and average pensionable pay.

39. Rate of payment of pension contributions.

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

41. Method of payment of pension contributions.

42. Form of election or notice.

43. Repayment of contributions on retirement or death.

44. Repayment of contributions on dismissal.

PART VI

DETERMINATION OF QUESTIONS AND APPEALS

45. General functions of fire authority.

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

47. Appeal against decision of fire authority.

PART VII

PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

48. Payment of awards generally.

49. Payment of awards in special cases.

50. Payment of transfer values.

51. Expenses and receipts of fire authorities.

PART VIII

SERVICEMEN

Article

52. Awards to servicemen.

53. Awards on death of servicemen.

54. Gratuities for dependants other than widows and children.

55. Servicemen who resume service as regular firemen.

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

57. Pensionable service, contributions and pay.

58. Servicemen deemed not to have retired.

59. Application to regular firemen with war service.

PART IX

MEMBERS OF BRIGADES WHO ARE NOT REGULAR FIREMEN

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

61. Payment of contributions by retained firemen.

62. Part-time firemen: injury award.

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

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

65. Auxiliary provisions.

PART X

PERSONS WHO ARE NOT MEMBERS OF BRIGADES

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

67. Permanent employment as an instructor.

PART XI

PERSONS WHO WERE SERVING ON 10TH JULY 1956

68. Modification of Scheme.

PART XII

MISCELLANEOUS PROVISIONS AND INTERPRETATION

69. Auxiliary firemen not subject to Scheme.

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

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

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

73. Age of compulsory retirement.

74. Compulsory retirement on grounds of incapacity.

75. Assessment of disablement.

76. Meaning of " regular fireman ".

77. Meaning of " qualifying injury ".

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

79. Meaning of " aggregate contributions ".

80. Meaning of reference to awards.

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

82. Meaning of certain expressions.

83. Construction of references to provisions of Scheme.

84. Construction of references to enactments and instruments.

85. Application of the Interpretation Act 1889.

86. Citation.

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 gratuity by way of commuted pension.
                

SCHEDULE 3

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.
                

SCHEDULE 4

Increase in widow's pension or child's allowance.

SCHEDULE 5

Payments by firemen in respect of previous service.

SCHEDULE 6

Sums to be paid by firemen in respect of previous service.

SCHEDULE 7

Additional pension contributions.

SCHEDULE 8

Appeals to medical referees.

SCHEDULE 9

Transfer values.

SCHEDULE 10

Modifications to Scheme in its application to firemen serving on 10th July 1956.

PART I

AWARDS ON RETIREMENT OF REGULAR FIREMEN

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