Police and Firemen (War Service) Act 1939

10 Suspension of right to retire on pension. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

[F2 (2) Where before the commencement of this Act or during the period of the present emergency written notice has been or is given—

(a) by the chief officer of a . . . F3 fire brigade to the appropriate authority; or

(b) by any other . . . fireman to the chief officer of the . . . fire brigade to which he belongs;

of his intention to retire on pension on a date on which he would have been entitled so to retire if the appropriate authority or chief officer consented thereto (hereafter referred to as ”the relevant date’), then if such consent is withheld and he continues to serve in the . . . fire brigade after the relevant date, the following provisions shall have effect:—

(i) if he retires while serving in a lower rank or at a lower rate of pay than his rank or rate of pay at the relevant date, not having been required to retire as an alternative to dismissal, the amount of his pension shall not be less than it would have been if he had retired on the relevant date;

(ii) if he is dismissed, or required to retire as an alternative to dismissal, on grounds other than grounds on which his pension, had he been in receipt of a pension, would have been liable to forfeiture, he shall be entitled, as from the expiration of the period of the present emergency, to a pension of the same amount as that to which he would have been entitled if he had retired on the relevant date;

(iii) if he dies while serving in such lower rank or at such lower rate of pay as aforesaid, or while in receipt of a pension granted to him on his retirement while so serving, the amount of any pension or allowances payable to his widow or children shall not be less than it would have been if he had retired on the relevant date and been granted a pension as from that date;

(iv) if he dies before the expiration of the period of the present emergency, being entitled as from the expiration of that period to a pension by virtue of paragraph (ii) of this subsection, his widow and children shall be entitled, as from the date of his death, to a pension or allowances of the same amount as the pension or allowances (if any) to which they would have been entitled if he had retired on the relevant date and been granted a pension as from that date.]

(3) In this section—

(a) the expressions “chief officer of a police force” and “chief officer of a fire brigade” have respectively the same meanings as in the M1 Police Pensions Act 1921, and the M2 Fire Brigade Pensions Act 1925; and

(b) the expression “retire on pension” means to retire without a medical certificate and receive a pension for life.

Annotations:

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Amendments (Textual)

F1 Ss. 1(2)(3), 3, 6(2), 8, 9, 10(1), 12, 13(1)(2) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. V

F2 S. 10(2) substituted by Police and Firemen (War Service) Act 1944 (c. 22), s. 5

F3 Words repealed by Police Pensions Act 1948 (c. 24), s. 3, Sch. 1 Pt. I para. 14

Modifications etc. (not altering text)

C1 Definition of "chief officer of a police force" repealed by (E.W.) Police Act 1964 (c. 48), Sch. 10 Pt. I and (S.) Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

Marginal Citations

M1 1921 c. 31.

M2 1925 c. 47.