Firemen's Pension Scheme (Amendment) Order 1985
| Jurisdiction | UK Non-devolved |
1985 No. 318
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) Order 198528thFebruary 1985
13thMarch 1985
1stMay 1985
In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), 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. This Order may be cited as the Firemen's Pension Scheme (Amendment) Order 1985.
2. This Order shall come into operation on 1st May 1985 and shall have effect—
(a) for the purposes of Article 5, as from 13th July 1978;
(b) for all other purposes, as from 8th March 1984.
3.— (1) In this Order "the 1973 Scheme" means the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973(b).
(2) This Order shall not apply in the case of a member of a fire brigade who last ceased to serve before 8th March 1984.
4. In Article 8(1) of the 1973 Scheme there shall be inserted at the appropriate places the words—
""husband" includes wife"
""widow" includes widower"
" "wife" includes husband"
and related expressions in the said Scheme shall be construed accordingly.
(a) 1947 c.41, as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65), and sections 12 and 16 of the Superannuation Act 1972 (c.11).
(b) S.I. 1973/966; the relevant amending instruments are S.I. 1978/1228, 1349, 1979/855, 1980/273.
5. For Article 23(5) of the 1973 Scheme there shall be substituted the following provision:—
"(5) Where the husband was entitled to an injury gratuity under Article 15—
(a) if it equalled, or exceeded, the gratuity under paragraph (2), the gratuity under paragraph (2) shall not be payable;
(b) in any other case the gratuity under paragraph (2) shall be reduced by the amount of the husband's gratuity.".
6. In Article 43(1) of the 1973 Scheme, in the proviso, after the words "deferred pension" there shall be inserted the words:—
", or where a person is entitled both to a pension in respect of service as a member of a fire brigade and to a pension as the widow or widower of a member of a fire brigade".
7. After Article 91A of the 1973 Scheme there shall be inserted the following provision:—
"91B. In its application to the widower of a member of a fire brigade, this Scheme shall have effect subject to the modifications set out in Schedule 10A.".
8. In...
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