Fire Services Act 1947

Provisions as to pensions.

10 (1) The liabilities of any authority for pensions, allowances and gratuities in respect of members of a transferred fire brigade retiring or dying at any time before the appointed day, and the functions of that authority in relation thereto, shall on the appointed day be transferred to the fire authority.

(2) In the last foregoing sub-paragraph the expression " transferred fire brigade " means a fire brigade maintained in pursuance of the Fire Brigades Act, 1938, by an authority which does not on the appointed day become a fire authority, and the expression " the fire authority " in relation to any such brigade means the fire authority for the area including the area for which the brigade was maintained.

11 (1) Regulations may provide for payments by a former pension authority, in respect of pension liabilities of a fire authority accrued at the appointed day, of such amounts at such times as may be prescribed, and if the regulations so provide out of such funds as may be prescribed.

(2) Regulations made under this paragraph may provide for the determination by the Secretary of State of questions arising under the regulations.

(3) In this paragraph the following expressions have the meaning hereby assigned to them respectively, that is to say :—

• " Pension liabilities of a fire authority accrued at the appointed day " means, in relation to any fire authority.—

  (a)

  any liabilities for pensions, allowances and gratuities in respect of members of a fire brigade retiring or dying at any time before the appointed day, being liabilities which either were liabilities of the authority immediately before the appointed day or were transferred under the last foregoing paragraph, and

  (b)

  any liabilities of the authority under the Firemen's Pension Scheme in respect of employment or service before the appointed day which under that scheme is treated as employment in the fire brigade maintained by the authority ;

• " former pension authority " means—

  (a)

  in relation to liabilities specified in paragraph (a) of the last foregoing definition, the authority which immediately before the appointed day was liable to meet them ;

  (b)

  in relation to liabilities specified in paragraph (b) of the last foregoing definition, the authority liable immediately before the appointed day for meeting liabilities, whether vested or contingent, for pensions, allowances or gratuities in respect of such employment or service as is specified in the said paragraph (b).

12 (1) The liabilities of fire authorities for such pensions, allowances and gratuities as are specified in sub-paragraph (i) of paragraph 10 of this Schedule shall, if regulations so provide, be defrayed out of funds established for defraying liabilities under the Firemen's Pension Scheme.

(2) Payments under sub-paragraph (1) of the last foregoing paragraph shall, if regulations so provide, be carried into funds established as aforesaid.

13 Where by virtue of this Act or a combination scheme an authority which maintained a fire brigade in pursuance of the Fire Brigades Act, 1938, ceases to maintain a fire brigade, the Police and Firemen (War Service) Acts, 1939 and 1944, shall, in the case of former members of the brigade to whom section one of the [2 & 3 Geo. 6. c. 103.] Police and Firemen (War Service) Act, 1939, applies, have effect with such modification of references to the fire brigades to which they belonged, and to the authority maintaining that brigade, as may be prescribed.