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United Kingdom Statutory Instruments


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2004 No. 1912

FIRE SERVICES, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

The Firemen's Pension Scheme (Amendment) Order 2004

  Made 20th July 2004 
  Laid before Parliament 28th July 2004 
  Coming into force 13th September 2004 

The First Secretary of State, in exercise of the powers conferred on him by section 26 of the Fire Services Act 1947[1] and section 12 of the Superannuation Act 1972[2], as applied by section 16(3) of that Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Central Fire Brigades Advisory Council, hereby makes the following Order:

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Firemen's Pension Scheme (Amendment) Order 2004.

    (2) This Order shall come into force on 13th September 2004, except that the amendments that relate to, or are incidental to, - 

    (3) This Order shall extend to England and Wales[3].

Amendment of the Firemen's Pension Scheme
     2. The Firemen's Pension Scheme set out in Schedule 2 to the Firemen's Pension Scheme Order 1992[4] shall be amended in accordance with the Schedule to this Order.



Signed by the authority of the First Secretary of State


Phil Hope
Parliamentary Under Secretary of State Office of the Deputy Prime Minister

16th July 2004



We consent to the making of this Order


Joan Ryan

Jim Murphy
Two of the Lords Commissioners of Her Majesty's Treasury

20th July 2004



SCHEDULE
Article 2


AMENDMENTS TO THE FIREMEN'S PENSION SCHEME


Part A: General provisions and retirement

     1. In rule A7 (reckoning of service for purposes of awards), add at the end - 

     2. In rule A8 (aggregate pension contributions for purposes of awards), after paragraph (1)(a), insert - 

     3. In rule A9 (qualifying injury), in paragraph (2), for "part-time" substitute "retained or volunteer".

     4. In rule A10 (disablement), after paragraph (1), insert - 

     5. In rule A13 (compulsory retirement on account of age), for paragraph (1) substitute - 

     6. In rule A14 (compulsory retirement on grounds of efficiency of brigade) - 

     7. In rule B5 (deferred pension), for paragraph (1)(a) substitute - 

     8. In rule B7 (commutation - general provision), in paragraph (5)(a), after "years'" insert "pensionable".

     9. In rule B9 (allocation) - 

     10. After rule B12 (pension debit members), insert - 

Part C: Awards on death - spouses

     11. In rules C1(1) (spouse's ordinary pension) and C6(1) (widow's requisite benefit and temporary pension), for "3 years'" substitute "2 years'".

Part F: Pensionable service and transfer values

     12. In rule F1 (reckoning of and certificates as to pensionable service), in paragraph (3), after "rule" insert "F2A,".

     13. In rule F2 (current service) - 

     14. After rule F2 (current service), insert - 

     15. In rule G1 (pensionable pay and average pensionable pay) - 

     16. After rule G2 (pension contributions), insert - 

     17. In rule G7 (payment of periodical contributions for increased benefits), after paragraph (3), insert - 

Part H: Determination of questions and appeals

     18. In rule H1 (determination by fire authority) - 

     19. In rule H2 (appeal against opinion on a medical issue), in paragraph (3), for "a medical issue" substitute "any issue referred to in sub-paragraphs (a) to (f) of rule H1(2)".

Part I: Servicemen

     20. In rule I3 (awards on death of servicemen), after paragraph (2), insert - 

Part J: Special cases

     21. In rule J3 (whole-time member of brigade who is not a regular firefighter) - 

     22. In rule J4 (part-time member of brigade) - 

     23. In rule K1 (cancellation of ill-health and injury pensions), in paragraph (2), delete sub-paragraph (a).

     24. In rule K4 (withdrawal of pension during service as regular firefighter), after "or any part of the pension" insert ", except a pension under Part C (awards on death - spouses),".

Part L: Payment of awards and financial provisions

     25. In rule L4 (prevention of duplication), in paragraph (4), at the end of sub-paragraph (b), insert - 

     26. In Part I of Schedule 1 (Glossary of expressions) - 


Schedule 2: Personal awards

     27. In Parts I, II and III of Schedule 2 (ordinary pension, short service pension and ill-health pension), after "Subject to Parts" insert "VIA," in each place where it appears.

     28. In Part V of Schedule 2 (injury awards) - 

     29. In Part VI of Schedule 2 (deferred pension), in paragraph 1(1), for "Parts VII and VIII" substitute "Parts VIA, VII and VIII".

     30. After Part VI of Schedule 2 (deferred pension), insert - 



Schedule 3: Awards on death - spouses

     31. In Part I of Schedule 3 (spouse's ordinary pension), in paragraph 1(2), add at the end "but taking into account the provisions of Part VIA of Schedule 2 (calculation of awards for part-time service)".

     32. For Part II of Schedule 3 (spouse's special pension) substitute - 

     33. In Part III of Schedule 3 (spouse's accrued pension), in paragraph 2(3), after "this paragraph" insert "account shall be taken of Part VIA of Schedule 2 (calculation of awards for part-time service), but".

     34. In Part IV of Schedule 3 (pension for widow of post-retirement marriage), in paragraph 2 - 

     35. For Part V of Schedule 3 (spouse's requisite benefit pension) substitute - 

Schedule 4: Awards on death - children

     36. In Part 1 of Schedule 4 (child's ordinary allowance), in paragraph 1(4), add at the end "but taking account of Part VIA of Schedule 2 (calculation of awards for part-time service)".

     37. In Part II of Schedule 4 (child's special allowance) - 

     38. In Part III of Schedule 4 (child's accrued allowance), in paragraph 4, after "paragraph 2 or 3" insert "account shall be taken of Part VIA of Schedule 2 (calculation of awards for part-time service), but".

Schedule 5: Awards on death - additional provisions

     39. In Part I of Schedule 5 (adult dependent relative's special pension) - 

Schedule 6: Pensionable service and transfer values

     40. In Part I of Schedule 6 (payments in respect of previous service), in paragraph 2(1), after "when he again became a regular firefighter," insert "or if he is a part-time member of a brigade, the annual pensionable pay he would have received had he been a whole-time member,".

     41. In Part II of Schedule 6 (service reckonable on receipt of transfer value), add at the end - 

     42. In Part I of Schedule 9 (appeal to board of medical referees) - 

     43. In Part II of Schedule 9 (appeal tribunals), in paragraph 2(2), for "counsel, a solicitor" substitute "an authorised advocate as defined in section 119 of the Courts and Legal Services Act 1990"[12].



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Firemen's Pension Scheme, as set out in Schedule 2 to the Firemen's Pension Scheme Order 1992 ("the principal Order"), as it applies in England and Wales. The amendments are set out in the Schedule to this Order. The main changes are:

Some of the amendments take effect from a date before the Order comes into force. Section 12 of the Superannuation Act 1972, as applied by section 16 of that Act, provides that orders made under section 26 of the Fire Services Act 1947 may have retrospective effect. Amendments in relation to the following rules, and any matters incidental to them, in the principal Order, therefore, have effect as follows:

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.


Notes:

[1] 1947 c. 41; to which there are amendments not relevant to this Order.back

[2] 1972 c. 11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (1990 c. 7).back

[3] The Secretary of State's functions under section 26 of the Fire Services Act 1947 in so far as they were exercisable in relation to Scotland, were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (1998 c. 46) and article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to Scottish Ministers etc) Order 1999 (S.I. 1999/1750).back

[4] S.I. 1992/129; as amended by S.I. 1997/2309, 1997/2851, 1998/1010, 2001/3649 and 2001/3691.back

[5] 1992 c. 4.back

[6] 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).back

[7] S.I. 1995/3208; as amended by S.I. 2003/3148.back

[8] The Faculty of Occupational Medicine is a registered charity no. 1035415.back

[9] 1978 c. 44; section 33 was amended by section 23 of the Trade Union Reform and Employment Rights Act 1993 (c. 19).back

[10] 1996 c. 18; sections 71 and 73 were substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999 (c. 26) and amended by section 17 of the Employment Act 2002 (c. 22).back

[11] S.I. 2002/2788.back

[12] 1990 c. 41.back



ISBN 0 11 049631 0


  © Crown copyright 2004

Prepared 30 July 2004


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