SCHEDULE 1
Article 2
THE NEW FIREFIGHTERS’ PENSION SCHEME (ENGLAND)
PART 1
CITATION AND INTERPRETATION
1. Citation
This Scheme (which, by virtue of article 1(1) of the Firefighters’ Pension Scheme (England) Order 2006, has effect from 6th April 2006) may be cited as the New Firefighters’ Pension Scheme (England).
2. Interpretation
(1) In this Scheme—
“the 1992 Scheme” means the Firefighters’ Pension Scheme 19926;
“the 1993 Act” means the Pension Schemes Act 19937;
“the 1999 Act” means the Welfare Reform and Pensions Act 19998;
“adoption leave” means leave under sections 75A and 75B of the Employment Rights Act 19969; and “ordinary adoption leave” and “additional adoption leave” shall be construed accordingly;
“amount”, in relation to a pension, means the annual amount of the pension;
“authority”, except in the definition of “independent qualified medical practitioner” and in the expression “fire authority”, means a fire and rescue authority”;
“authority-initiated early retirement” means retirement before normal retirement age under rule 6 of Part 3;
“award”, unless a contrary indication appears, means a pension or lump sum under this Scheme, or the refund of pension contributions;
“cash equivalent” has the meaning given by section 94(1)(a) of the 1993 Act;
“child”, in relation to a scheme member, means—
(a) a child who is financially dependent on him, and is—
(i) a natural child, step-child or adopted child of his; or
(ii) otherwise related to him; or
(iii) the child of his spouse, civil partner or nominated partner; or
(b) any child of his—
(i) who is born after his death, and
(ii) with whom the child’s mother was pregnant at the date of the member’s death;
“Compensation Scheme” means the Firefighters’ Compensation (England) Scheme 2006 set out in Schedule 1 to the Firefighters’ Compensation (England) Order 200610;
“contracted–out”, in relation to an employment or scheme, has the meaning given by section 8(1) of the 1993 Act11;
“contributions equivalent premium” has the meaning given by section 55(2) of the 1993Act; and any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable;
“contributions election” means an election under rule 5(1) of Part 2 not to make pension contributions;
“deferred member” has the meaning given by rule 1(3) of Part 2;
“disabled” and “disablement” have the meanings given by rule 3 of this Part;
“eligibility condition” means a condition set out in rule 2(1) of Part 2;
“final pensionable pay” shall be construed in accordance with rule 2 of Chapter 1 of Part 11;
“firefighter member” has the meaning given by rule 1(1) of Part 2;
“guaranteed minimum” is the amount determined for the purposes of sections 13 to 17 of the 1993 Act, and “guaranteed minimum pension” has the same meaning as in that Act12; and any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Secretary of State as that minimum at that time;
“higher tier ill–health pension” means a pension of the description referred to in rule 2(4) of Part 3;
“ill-health retirement” means retirement under rule 2 of Part 3;
“independent qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine13or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 200314;
“injury” means any injury or disease, whether of body or mind;
“lower tier ill-health pension” means a pension of the description referred to in rule 2(3) of Part 3;
“maternity leave” means leave under sections 71 and 73 of the Employment Rights Act 199615; and “ordinary maternity leave” and “additional maternity leave” shall be construed accordingly;
“member-initiated early retirement” means retirement before normal retirement age under rule 5 of Part 3;
“nominated partner” has the meaning given by rule 1(2) of Part 2;
“normal benefit age” has the meaning given by rule 3(2) of Part 2;
“normal retirement age” has the meaning given by rule 3(1) of Part 2;
“paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 200216;
“pension”, unless a contrary intention appears, means a pension under this Scheme;
“pensionable pay” shall be construed in accordance with rule 1 of Part 11;
“pensionable retained or volunteer service”, in relation to a retained or volunteer firefighter and any period, means the same proportion of whole-time service as that which his actual pensionable pay for that period bears to his reference pay for that period;
“pensionable service” shall be construed in accordance with rules 2 to 5 of Part 10;
“pension credit” means a credit under section 29(1)(b) of the 1999 Act, or corresponding Northern Ireland legislation;
“pension credit benefit” has the meaning given by section 101B of the 1993 Act17;
“pension credit member” has the meaning given by section 124(1) of...
