The Fire Services (Retirement of Senior Officers) Regulations 1973

EXPLANATORY NOTE

Regulation 3 (read with section 260(1) and (2) of the Local Government Act 1972) provides that a chief officer or deputy chief officer of, or an assistant chief officer in, a fire brigade in England or Wales who will be aged 50 years or over on 31st March 1974 and fulfills the conditions set out in paragraph (1) of the Regulation may, by written notice given to the fire authority before 28th February 1974, elect that section 260 (provision for early retirement) shall, and section 259 (compensation for loss of office) shall not, apply to him; subject, however, to the right of the fire authority to object within a month of their being given the notice.

Where, by virtue of such an election, section 260 applies to such a senior officer, Regulations 4 and 5 provide for the payment to or in respect of him of benefits by way of pension or allowance corresponding, as near as may be, to those which would have so been payable under the Firemen's Pension Scheme 1973 had his pensionable service been that provided for in paragraph 2 of the Schedule (in the case of most senior officers, 30 years' pensionable service). Provision to prevent overlapping benefits is made by paragraph (2) of Regulation 4.