THE FIRE SERVICES (PENSIONABLE EMPLOYMENT) REGULATIONS, 1948.

1.—(1) A former professional fireman subject to the Act of 1925 who—

(a) not later than one month after the appointed day, enters upon employment under a local authority otherwise than as a member of a fire brigade, or

(b) before the appointed day with the consent of the Secretary of State ceased to be employed in the National Fire Service and entered upon employment under his former fire authority otherwise than as a member of a fire brigade,

shall, if within three months of the appropriate date he so elects by notice in writing served upon the authority under which he becomes, or became, employed as aforesaid, be entitled to reckon all his Act of 1925 approved service as, if that authority are not a local Act authority, contributing service under that authority, or, if that authority are a local Act authority, as local Act scheme service under that authority.

(2) In this Regulation the expression “the appropriate date”, in relation to a person to whom sub-paragraph (a) of the foregoing paragraph applies, means the date on which he enters upon the employment aforesaid, and, in relation to a person to whom subparagraph (b) of the said paragraph applies, means the appointed day.

2.  Where a former professional fireman subject to the Act of 1925, not later than one month after the appointed day, enters upon employment in the civil service of the Crown, all his Act of 1925 approved service shall, if within three months after he enters upon such said employment he so elects by notice in writing served upon the department of the civil service in which he is employed, be treated, for the purposes of the Superannuation Acts, 1834 to 1946, as if it had been continuous service in an established capacity in the civil service of the State, within the meaning of the said Acts, ending immediately before the date upon which he enters upon the said employment.

3.—(1) Where a former professional fireman subject to the Act of 1925, being a person in whose case Regulation 1 or 2 of these Regulations has effect by reason that he has so elected under that Regulation, would, by virtue of subsection (2) of section eight of the Act of 1925 have been entitled, if his former authority had so allowed, and if he had paid to his former authority a sum provided for in the said subsection, to reckon any period of service in a fire brigade maintained by another authority, or in a police force, as approved service for the purpose of the said act, then—

(a) in the case of person who enters upon employment under a local authority—

(i) where that authority are his former authority, if they agree,

(ii) where that authority are not his former authority, if his former authority agree and make to that authority such payment as is provided in paragraph (2) of Regulation 10 of these Regulations, and

(iii) in either case, if he has paid, or pays, to his former authority the sum provided for in the said sub-section (2) as aforesaid,

that person shall be entitled to reckon such said period of service as contributing service or, where the authority under which he becomes employed are a local Act authority, as local Act scheme service, under, in either case, the authority under which he becomes employed as aforesaid, and any such period of service is hereafter in these Regulations referred to as an “extra period of service”;

(b) in the case of a person who enters upon employment in the civil service of the Crown—

(i) if his former authority agree and make to the Secretary of State such payment as is provided in the said paragraph (2) of Regulation 10, and

(ii) if he has paid, or pays, to his former authority the sum provided for in the said subsection (2) as aforesaid,

the said period of service shall be aggregated with the service treated by virtue of Regulation 2 of these Regulations as continuous service of that person in an established capacity in the civil service of the State, and any period of service so aggregated is hereafter in these Regulations referred to as an “extra period of service”.

(2) Where by virtue of subsection (2) of section twenty-two of the Act of 1925 the pension or gratuity which would have been granted to any such person as aforesaid if he had retired while a member of his former local brigade might, at the discretion of his former authority, if he had paid to that authority such sum as, in accordance with the said subsection, that authority might fix, have been increased to an amount not exceeding the pension or gratuity to which that person would have been entitled if his past pensionable service within the meaning of the said Act had been subject to any reduction in reckoning his approved service within the meaning of the said Act, then—

(a) in the case of a person who enters upon employment under a local authority—

(i) where that authority are his former authority, if they agree,

(ii) where that authority are not his former authority, if his former authority agree and make to that authority such payment as is provided in paragraph (2) of Regulation 10 of these Regulations, and

(iii) in either case, if he has paid to his former authority a sum fixed by them in accordance with the said subsection, or pays to that authority such sum as they may fix, being such a sum as they might have fixed under the said subsection,

that person shall be entitled to reckon as contributing service, or, where the authority under which he becomes employed as aforesaid are a local Act authority, as local Act scheme service, under, in either case, the authority under which he becomes employed as aforesaid, a period equal to the length of the period of reduction to which his said past pensionable service was subject in reckoning his said approved service, and any such period is hereafter in these Regulations referred to as an “extra period of service”;

(b) in the case of a person who enters upon employment in the civil service of the Crown—

(i) if his former authority agree and make to the Secretary of State such payment as is provided in the said paragraph (2) of Regulation 10, and

(ii) if he has paid to his former authority a sum fixed by them in accordance with the said subsection, or pays to that authority such sum as they may fix, being such a sum as they might have fixed under the said subsection,

a period of service equal to the length of the period of reduction to which his said past pensionable service was subject in reckoning his said approved service shall be aggregated with the service treated by virtue of Regulation 2 of these Regulations as continuous service of that person in an established capacity in the civil service of the State, and any such period is hereafter in these Regulations referred to as an “extra period of service”.

4.—(1) Where—

(a) a former professional fireman not subject to the Act of 1925, not being a person in whose case the National Fire Service (Preservation of Pensions) (General Pension Funds) Regulations, 1941(1), had effect immediately before he ceased to be a member of the National Fire Service, or

(b) a person, not being a former professional fireman, who was employed in the National Fire Service immediately before the appointed day and to whom the Police Pensions Act, 1921, applied immediately before the said day,

not later than one month after the said day enters upon employment under a local authority otherwise than as a member of a fire brigade, he shall, if within three months after he enters upon such said employment he so elects by notice in writing served upon the said authority, be entitled to reckon, in the proportion provided in paragraph (2) of this Regulation, all his approved service under the relevant pension provisions, or, as the case may be, all his approved service within the meaning of the said Police Pensions Act, 1921, as, if that authority are not a local Act authority, contributing service under that authority, or, if that authority are a local Act authority, as local Act scheme service under that authority.

(2) The proportion in which such approved service as aforesaid shall be reckoned is as follows, that is to say, three years of such approved service shall be reckoned as equivalent to four years of such contributing service as aforesaid, or, as the case may be, to four years of such said local Act scheme service, and any other period of such approved service shall be reckoned in the same proportion.

5.  Where a former professional fireman not subject to the Act of 1925, not later than one month after the appointed day, enters upon employment in the civil service of the Crown, all his approved service under the relevant pension provisions shall, if within three months after he enters upon such said employment he so elects by notice in writing served upon the department of the civil service in which he is employed, be treated, for the purposes of the Superannuation Acts, 1834 to 1946, as if it had been continuous service in an established capacity in the civil service of the State, within the meaning of the said Acts, ending immediately before the date on which he enters upon the said employment, and, in the case of any such former professional fireman as aforesaid other than a person in whose case the National Fire Service (Preservation of Pensions) (General Pension Funds) Regulations, 1941(2), had effect immediately before he ceased to be employed in the National Fire Service, shall be so treated in the following proportion, that is to say, three years of such approved service shall be treated as equivalent to four years of such service in the civil service of the State, and any other period of such approved service shall be treated in the same proportion.

6.  Where a former professional fireman not subject to the Act of 1925, being a person in whose case the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations, 1941(3), as amended by the National Fire Service (Preservation of Pensions) (Police Firemen) (No. 2) Regulations, 1945(4), had effect immediately before he ceased to be employed in the National Fire Service, and being a person in whose case Regulation 4 or 5 of these Regulations has effect by reason that he so elected under that Regulation, would, if he had retired while a member of his former police force, by virtue of subsection (2) of section nine of the Police Pensions Act, 1921, have been entitled, if his former authority had so allowed, and if he had paid to his former authority a sum provided for in the said subsection, to reckon any period of service in another police force as approved service for the purposes of the said Act, then—

(a) in the case of a person who enters upon employment under a local authority—

(i) if his former authority, or the police authority for the area comprising the area of that authority, agree and make to the authority under which he becomes employed such payment as is provided in paragraph (2) of Regulation 10 of these Regulations, and

(ii) if he has paid to his former authority, or pays to that authority, or to the police authority for the area comprising the area of that authority, the sum provided for in the said subsection as aforesaid,

that person shall be entitled to reckon, in the proportion provided for in paragraph (2) of Regulation 4 of these Regulations, such said period of service in another police force as contributing service, or, where the local authority under which he becomes employed are a local Act authority, as a period of local Act scheme service, under, in either case, the authority under which he becomes employed as aforesaid, and any such period of service is hereafter in these Regulations referred as an “extra period of service”;

(b) in the case of a person who enters upon employment in the civil service of the Crown—

(i) if his former authority, or the police authority for the area comprising the area of that authority, agree and make to the Secretary of State such payment as is provided in the said paragraph (2) of Regulation 10, and

(ii) if he has paid to his former authority, or pays to that authority, or to the police authority for the area comprising the area of that authority, the sum provided for in the said subsection as aforesaid,

the said period of service in another police force shall be aggregated with the service treated by virtue of Regulation 5 of these Regulations as continuous service of that person in an established capacity in the civil service of the State, and shall for that purpose be treated in the same proportion as the said last-mentioned service is treated by virtue of the said Regulation, and any period of service so aggregated is hereafter in these Regulations referred to as an “extra period of service”.

7.—(1) Where any person who has been employed in the National Fire Service, not being a former professional fireman, enters on the appointed day upon employment in the civil service of the Crown, he shall, if he makes to the Secretary of State the payment provided for in paragraph (2) of this Regulation, be deemed for the purposes of the Superannuation Acts, 1834 to 1946, to have performed a period of continuous service in an established capacity in the civil service of the State, within the meaning of the said Acts, ending immediately before the said day, equal to one-and-a-third times the aggregate length of the following periods of service, that is to say:—

(a) one-half of the total period of all service performed by that person after the second day of September, 1939, and before the thirteenth day of January, 1946, as a member of the Auxiliary Fire Service or of the National Fire Service, and

(b) the total period of all service performed by him after the twelfth day of January, 1946, as a member of the National Fire Service.

(2) The payment referred to in paragraph (1) of this Regulation, to be made by any person, is a payment equal to the aggregate of the following amounts, that is to say:—

(a) two-and-a-half per cent. of the total amount of pay received by him as a member of the Auxiliary Fire Service and of the National Fire Service in respect of the period commencing on the third day of September, 1939, and ending immediately before the thirteenth day of January, 1946, and

(b) five per cent. of the total amount of pay received by him as a member of the National Fire Service in respect of the period commencing on the said thirteenth day of January.

(3) In this Regulation “pay”, in relation to any person, means pay actually received by that person and does not include the value of free quarters or of fuel or light supplied without charge, nor allowances towards rent or towards the cost of lodgings, fuel or light, nor allowances to meet expenses on subsistence, travelling, or the cost of uniform or boots, nor other like allowances.

8.—(1) Where any person who—

(a) has been employed in the National Fire Service,

(b) is not a former professional fireman, and

(c) is one of the class of firemen in whose case, by reason that they were expected to enter upon pensionable employment under a local authority on the appointed day otherwise than as members of fire brigades, deductions have, by direction of the Secretary of State, been made from the pay received by them in respect of their employment in the National Fire Service,

enters on the said day upon employment under a local authority otherwise than as a member of a fire brigade, he shall, if he makes to that authority the payment provided for in paragraph (2) of this Regulation, be entitled to reckon all service performed by him in his employment in the National Fire Service after the thirty-first day of March, 1946, as, if that authority are not a local Act authority, contributing service, or, if that authority are a local Act authority, as local Act scheme service, under, in either case, the said authority.

(2) The payment referred to in paragraph (1) of this Regulation, to be made by any person, is a payment equal to the following amount, that is to say, six per cent. of the total amount of pay received by him in his employment in the National Fire Service in respect of the period commencing on the first day of April, 1946, but in reckoning the said total amount, if that person was for any period holding a rank to which his promotion had, by virtue of paragraph (3) of Regulation 7 of the National Fire Service (General) Regulations, 1944(5) been expressed to be temporary only, his pay during the last-mentioned period shall be deemed to have been the pay which he would have received if the said promotion had not been made.

(3) In this Regulation “pay” has the same meaning as in the last foregoing Regulation.

9.—(1) Where any person is by virtue of any of these Regulations entitled to reckon any service, including any extra period of service, as contributing service, or, in the case of a local Act authority, as local Act scheme service, and had in respect of any of the service which he is entitled to reckon as aforesaid made any contributions from his pay (whether by way of deductions or otherwise) to any person or fund under the provisions and arrangements as to pensions applicable in his case at that time (including any provision in the Police and Firemen (War Service) Act, 1939, and the Regulations specified in the Schedule to these Regulations), any such said contributions shall be deemed to have been contributions made in respect of contributing service for the purposes of the Local Government Superannuation Act, 1937, or, as the case may be, in respect of local Act scheme service for the purposes of the local Act scheme, to, in either case, the authority maintaining the superannuation fund within the meaning of the said Act, in relation to the employment under a local authority upon which he enters or has entered.

(2) Where any person is by virtue of Regulation 8 of these Regulations entitled to reckon any service as contributing service, or, in the case of a local Act authority, as local Act scheme service, the payment made by him in pursuance of that Regulation to the authority under which he becomes employed shall be deemed to have been made by him by way of contributions made in respect of contributing service for the purposes of the Local Government Superannuation Act, 1937, or, as the case may be, in respect of local Act scheme service for the purposes of the local Act scheme, to, in either case, the authority maintaining the superannuation fund within the meaning of the said Act, in relation to the employment upon which he enters as aforesaid.

10.—(1) Where a former professional fireman or a person, not being a former professional fireman, who was employed in the National Fire Service immediately before the appointed day and to whom the Police Pensions Act, 1921, applied immediately before the said day—

(a) enters or has entered upon employment under a local authority, and is by virtue of Regulation 1 or 4 of these Regulations entitled to reckon any service as contributing service, or, in the case of a local Act authority, as local Act scheme service, or

(b) enters upon employment in the civil service of the Crown, and by virtue of Regulation 2 or 5 of these Regulations any period of service performed by him is treated for the purposes of the Superannuation Acts, 1834 to 1946, as if it were service in the civil service of the State within the meaning of those Acts,

subsection (1) of section twenty-nine of the Local Government Superannuation Act, 1937, and paragraph (1) of Rgulation 3 of, and the First Schedule to, the Local Government Superannuation (Transfer Value) Regulations, 1939(6) (which provide for payment of transfer values in certain cases where employees of a local authority cease to be employed by them and become employed by another local authority), shall apply—

(i) as if that person had, immediately before he ceased to be employed in the National Fire Service, been an officer employed and paid by his former authority, and had then ceased to hold his said employment under them,

(ii) as if all the service, which he is entitled to reckon as aforesaid, or, as the case may be, which is treated as aforesaid, had been contributing service under his former authority,

(iii) in a case where awards might, under the provisions and arrangements as to pensions applicable in his case, have been made to him immediately before the appointed day out of a pension fund, as if that fund were a superannuation fund within the meaning of the said Act and Regulations, and as if any deductions from his pay made under the provisions as to pensions applicable in his case had been contributions to that superannuation fund,

(iv) in a case where awards might, under the said provisions and arrangements, have been made to him as aforesaid otherwise than out of a pension fund, as if his former authority were an authority maintaining such a superannuation fund and as if any deductions made as aforesaid had been contributions to that superannuation fund,

(v) in the case of a person who enters or has entered upon employment under a local authority which are his former authority, as if the superannuation fund referred to in sub-paragraph (iii), or, as the case may be, sub-paragraph (iv) of this paragraph and the superannuation fund relating to the employment upon which he enters or has entered as aforesaid were different funds maintained by different authorities,

(vi) in the case of a person who enters upon employment in the civil service of the Crown, as if the Crown were a local authority maintaining a superannuation fund within the meaning of the said Local Government Superannuation Act, 1937, and as if entering upon employment in the service of the Crown were entering upon contributing service under such an authority,

and a transfer value shall be payable accordingly out of the said pension fund, or, as the case may be, by that person's former authority, to the authority maintaining the superannuation fund within the meaning of the said Act relating to the employment on which that person has entered, or, as the case may be, to the Secretary of State.

(2) Where, under Regulation 3 or 6 of these Regulations, if a person's former authority agree and make a certain payment—

(a) that person will be entitled to reckon an extra period of service as contributing service, or, where the authority under which he becomes employed are a local Act authority, as local Act scheme service, or

(b) an extra period of service will be treated as service performed by him in the civil service of the State,

the amount of that payment shall be determined under paragraph (1) or this Regulation as if it were a transfer value payable in respect of a period of service which was of the same length as that extra period and which—

(i) by virtue of Regulation 1 or 4 of these Regulations that person was entitled to reckon as contributing service or as local Act scheme service as aforesaid, or, as the case may be,

(ii) by virtue of Regulation 2 or 5 of these Regulations was treated as if it were service performed by that person in the civil service of the State.

(3) Where under any of these Regulations any service is to be reckoned in an increased proportion, or, as the case may be, is to be treated as equivalent to a proportionately increased period of service, the period of that service shall, for the purposes of the said Local Government Superannuation (Transfer Value) Regulations, 1939, as applied by this Regulation, be deemed to be increased in that proportion.

11.—(1) Where any person on the appointed day enters upon employment under a local authority and is by virtue of Regulation 8 of these Regulations entitled to reckon any service as contributing service, or, in the case of a local Act authority, as local Act scheme service, there shall be payable by the Secretary of State to the authority maintaining the superannuation fund within the meaning of the Local Government Superannuation Act, 1937, in relation to the employment on which that person has entered, a sum in respect of that person determined in accordance with the succeeding provisions of this Regulation.

(2) In determining the said sum subsection (1) of section twenty-nine of the Local Government Superannuation Act, 1937, and paragraph (1) of Regulation 3 of, and the First Schedule to, the Local Government Superannuation (Transfer Value) Regulations, 1939 (which provide for payment of transfer values in certain cases where employees of a local authority cease to be employed by them and become employed by another local authority), shall apply as if a transfer value were being calculated thereunder and—

(a) as if the Crown were a local authority maintaining a superannuation fund within the meaning of the said Act and as if the person in respect of whom the sum is payable had, immediately before the appointed day, been an officer employed by such authority and had then ceased to hold his employment under them,

(b) as if all the service which that person is entitled to reckon as aforesaid had been contributing service under such authority, and

(c) as if in paragraph 1 of the First Scheduleto the said Regulations for the definition of “remuneration” there were substituted the following definition:—

“`remuneration', in relation to any employee, means the pay computed at an annual rate which he was entitled to receive in his employment in the National Fire Service on the material date, so, however, that, if he was then holding a rank to which his promotion had, by virtue of paragraph (3) of Regulation 7 of the National Fire Service (General) Regulations, 1944, been expressed to be temporary only, the pay which he was entitled to receive as aforesaid shall be deemed to have been that which he would have been entitled to receive if the said promotion had not been made, and for the purposes of this definition the expression `pay' means pay actually receivable, and does not include the value of free quarters or of fuel or light supplied without charge, nor allowance towards rent or towards the cost of lodging, fuel or light, nor allowances to meet expenses on subsistence, travelling or the cost of uniform or boots, nor other like allowances.”

(3) From the amount of the value so ascertained there shall be deducted an amount equal to the amount paid under Regulation 8 of these Regulations by the person entering upon employment, and the resulting amount is the sum which is payable by the Secretary of State as aforesaid to the authority maintaining the said superannuation fund in relation to the employment upon which that person enters.

12.—(1) In these Regulations the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“the Act of 1925” means the Fire Brigade Pensions Act, 1925;

“Act of 1925 approved service” means all service which a former professional fireman subject to the Act of 1925 would, by virtue of the Act of 1925, the Police and Firemen (War Service) Act, 1939, and the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1941(7), as amended by the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1945(8), immediately before he ceased to be employed in the National Fire Service, be entitled to reckon as approved service within the meaning, and for the purposes, of the Act of 1925;

“the appointed day” means the first day of April, 1948;

“approved service under the relevant pension provisions” means all service which a former professional fireman not subject to the Act of 1925 would, by virtue of the provisions as to pensions rapplicable in his case, the Police and Firemen (War Service) Act, 1939, or, as the case may be, the Local Government Staffs (War Service) Act, 1939, and the Regulations specified in the Schedule to these Regulations, immediately before he ceased to be employed in the National Fire Service, be entitled to reckon as approved service within the meaning, and for the purposes, of the said provisions applicable in his case;

“contributing service” has the same meaning as in the Local Government Superannuation Act, 1937;

“former authority”, in relation to—

(a)

a person in whose case the National Fire Service (Preservation of Pensions) (Police Firemen) Regulations, 1941(9), as amended by the National Fire Service (Preservation of Pensions) (Police Firemen) (No. 2) Regulations, 1945(10), had effect immediately before he ceased to be employed in the National Fire Service, means the police authority for the police force of which he was last a member before he became a member of the National Fire Service,

(b)

a person, not being a former professional fireman, to whom the Police Pensions Act, 1921, applied immediately before he ceased to be employed in the National Fire Service, means the police authority for the police force of which he was a member immediately before he ceased as aforesaid, and

(c)

any other person, means the local authority which maintained the fire brigade of which he was last a member before he became a member of the National Fire Service;

“former local brigade”, in relation to any person, means the fire brigade of which he was last a member before he became a member of the National Fire Service;

“former police force”, in relation to any person, means the police force of which he was last a member before he became a member of the National Fire Service;

“former professional fireman” means a person in whose case any of the Regulations specified in the Schedule to these Regulations had effect immediately before he ceased to be employed in the National Fire Service;

“former professional fireman subject to the Act of 1925” means a former professional fireman in whose case the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1941(11), as amended by the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1945(12), had effect immediately before he ceased to be employed in the National Fire Service;

“former professional fireman not subject to the Act of 1925” means a former professional fireman other than one in whose case the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1941, as amended by the National Fire Service (Preservation of Pensions) (Act of 1925) Regulations, 1945, had effect immediately before he ceased to be employed in the National Fire Service;

“local Act authority” and “local Act scheme” have the same meaning as in the Local Government Superannuation Act, 1937;

“local Act scheme service”, in relation to any person, means service reckonable as service, or as a period of contribution, for the purpose of calculating his superannuation allowance under the local Act scheme;

“local authority” has the same meaning as in the Local Government Superannuation Act, 1937;

(2) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

13.—(1) These Regulations may be cited as the Fire Services (Pensionable Employment) Regulations, 1948, and shall come into operation on the first day of April, 1948.

(2) These Regulations shall not extend to Scotland.

J. Chuter Ede

One of His Majesty's Principal Secretaries of State

Home Office, Whitehall

19th March, 1948