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The Firemen’s Pension Scheme Order 1992

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Article 2(2)

SCHEDULE 2THE FIREMEN'S PENSION SCHEME 1992

  1. PART A General provisions and retirement

    1. A1.Citation and commencement

    2. A2.Interpretation

    3. A3.Exclusive application to regular firefighters

    4. A4.Application to temporary employment connected with fire services

    5. A5.Application to permanent employment as instructor

    6. A6.No application to auxiliary firefighter

    7. A7.Reckoning of service for purposes of awards

    8. A8.Aggregate pension contributions for purposes of awards

    9. A9.Qualifying injury

    10. A10.Disablement

    11. A11.Death or infirmity resulting from injury

    12. A12.Relevant service in the armed forces

    13. A13.Compulsory retirement on account of age

    14. A14.Compulsory retirement on grounds of efficiency of brigade

    15. A15.Compulsory retirement on grounds of disablement

    16. A16.Effective date of retirement

  2. PART B Personal awards

    1. B1.Ordinary pension

    2. B2.Short service award

    3. B3.Ill-health award

    4. B4.Injury award

    5. B5.Deferred pension

    6. B6.Repayment of aggregate pension contributions

    7. B7.Commutation—general provision

    8. B8.Commutation — small pensions

    9. B9.Allocation

    10. B10.Limitation of commuted or allocated portion of pension

  3. PART C Awards on death — spouses

    1. C1.Spouse’s ordinary pension

    2. C2.Spouse’s special award

    3. C3.Spouse’s augmented award

    4. C4.Spouse’s accrued pension

    5. C5.Limitation on award to widow with reference to date of marriage

    6. C6.Widow’s requisite benefit and temporary pension

    7. C7.Spouse’s award where no other award payable

    8. C8.Limitation where spouses living apart

    9. C9.Effect of remarriage

  4. PART D Awards on death — children

    1. D1.Child’s ordinary allowance

    2. D2.Child’s special allowance

    3. D3.Child’s special gratuity

    4. D4.Child’s accrued allowance

    5. D5.Child’s allowance or special gratuity — limitations

  5. PART E Awards on death — additional provisions

    1. E1.Lump sum death grant

    2. E2.Adult dependent relative’s special pension

    3. E3.Dependent relative’s gratuity

    4. E4.Payment of balance of contributions to estate

    5. E5.Gratuity in lieu of surviving spouse’s pension

    6. E6.Gratuity in lieu of child’s allowance

    7. E7.Limitation on discretion to commute pension or allowance for gratuity

    8. E8.Increase of pensions and allowances during first 13 weeks

    9. E9.Flat-rate awards

  6. PART F Pensionable service and transfer values

    1. F1.Reckoning of and certificates as to pensionable service

    2. F2.Current service

    3. F3.Previous service reckonable without payment

    4. F4.Previous service reckonable on payment

    5. F5.Period during which injury pension was payable

    6. F6.War service

    7. F7.Receipt of transfer value

    8. F8.Transfer payments between fire authorities

    9. F9.Payment of transfer values

  7. PART G Pensionable pay and contributions

    1. G1.Pensionable pay and average pensionable pay

    2. G2.Pension contributions

    3. G3.Election not to pay pension contributions

    4. G4.Continued payment of additional and further contributions

    5. G5.Purchase of increased benefits

    6. G6.Election to purchase increased benefits

    7. G7.Payment of periodical contributions for increased benefits

    8. G8.Effect of payment for increased benefits

  8. PART H Determination of questions and appeals

    1. H1.Determination by fire authority

    2. H2.Appeal to medical referee

    3. H3.Appeal to Crown Court or Sheriff

  9. PART I Servicemen

    1. I1.Preliminary

    2. I2.Awards to servicemen

    3. I3.Awards on death of servicemen

    4. I4.Servicemen who resume service as regular firefighters

    5. I5.Servicemen who do not resume service in their former brigade

    6. I6.Pensionable service

    7. I7.Pension contributions

  10. PART J Special cases

    1. J1.Guaranteed minimum pensions

    2. J2.Revaluation of guaranteed minimum

    3. J3.Whole-time member of brigade who is not a regular firefighter

    4. J4.Part-time member of brigade

    5. J5.Members of brigades other than regular firefighters — supplementary

    6. J6.Other special cases

  11. PART K Revision and withdrawal of awards

    1. K1.Cancellation of ill-health and injury pensions

    2. K2.Reassessment of injury pension

    3. K3.Reduction of award in case of default

    4. K4.Withdrawal of pension during service as regular firefighter

    5. K5.Withdrawal of pension on conviction of certain offences

  12. PART L Payment of awards and financial provisions

    1. L1.Authorities responsible for payment of awards

    2. L2.Expenses and receipts of fire authorities

    3. L3.Payment of awards

    4. L4.Prevention of duplication

    5. L5.Payment of awards — supplementary

  13. PART M Supplemental provision

    1. M1.Transitional and other matters

  14. SCHEDULES

    1. 1

      Interpretation

      1. Part I: Glossary of expressions

      2. Part II: Expressions related to National Insurance and Social Security Acts

    2. 2

      Personal awards

      1. Part I: Ordinary pension

      2. Part II: Short service pension

      3. Part III: Ill-health pension

      4. Part IV: Short service or ill-health gratuity

      5. Part V: Injury awards

      6. Part VI: Deferred pension

      7. Part VII: Reduction of pension at state pensionable age

      8. Part VIII: Reduction of pension related to up-rating of widow’s pension

    3. 3

      Awards on death — spouses

      1. Part I: Spouse’s ordinary pension

      2. Part II: Spouse’s special pension

      3. Part III: Spouse’s accrued pension

      4. Part IV: Pension for widow of post-retirement marriage

      5. Part V: Spouse’s requisite benefit pension

    4. 4

      Awards on death — children

      1. Part I: Child’s ordinary allowance

      2. Part II: Child’s special allowance

      3. Part III: Child’s accrued allowance

      4. Part IV: Reduction in child’s allowance during full-time remunerated training

    5. 5

      Awards on death — additional provisions

      1. Part I: Adult dependent relative’s special pension

      2. Part II: Gratuity in lieu of surviving spouse’s pension

      3. Part III: Gratuity in lieu of child’s allowance

    6. 6

      Pensionable service and transfer values

      1. Part I: Payments in respect of previous service

      2. Part II: Service reckonable on receipt of transfer value

      3. Part III: Transfer payments between fire authorities

      4. Part IV: Amount of transfer value

    7. 7

      War service

      1. Part I: War service elections

      2. Part II: War service followed by fire service

      3. Part III: Transferee’s war service reckonable without receipt of transfer value

      4. Part IV: Transferee’s war service reckonable on receipt of additional transfer value

      5. Part V: Supplementary provisions

      6. Part VI: Payment of additional transfer values

    8. 8

      Purchase of increased benefits

      1. Part I: Payments

      2. Part II: Calculation of appropriate amount

      3. Part III: Increases by reference to appropriate amount

    9. 9

      Appeals

      1. Part I: Appeal to medical referee

      2. Part II: Appeal tribunals

    10. 10

      Servicemen — increased awards

    11. 11

      Special cases

      1. Part I: Spouse’s awards

      2. Part II: Children’s awards

      3. Part III: Calculation of pensionable service where person ceased to serve before 1st May 1975

      4. Part IV: Modification for persons serving on 10th July 1956

      5. Part V: Application to persons affected by local government re-organisation or combination scheme

    12. 12

      Transitional and other matters

PART AGENERAL PROVISIONS AND RETIREMENT

Citation and commencement

A1.  This Scheme (which is in force from 1st March 1992) may be cited as the Firemen’s Pension Scheme 1992.

Interpretation

A2.(1) Part I of Schedule 1 to this Scheme contains a glossary of expressions; and in this Scheme, unless the context otherwise requires, any expression for which there is an entry in the first column of that Schedule has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.

(2) Part II of Schedule 1 has effect for construing references in this Scheme to certain expressions related to the National Insurance and Social Security Acts.

(3) In this Scheme, unless the context otherwise requires, any reference to a rule, Part or Schedule identified by a letter or number or both (“an indicator”) is to be construed as a reference to the rule, Part or Schedule, as the case may be, identified by that indicator in this Scheme, and any reference to a numbered paragraph in a rule of or a Schedule to this Scheme is to be construed as a reference to the paragraph bearing that number in that rule or, as the case may be, that Schedule.

(4) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Exclusive application to regular firefighters

A3.(1) Subject to paragraph (3), this Scheme applies in relation to regular firefighters and their spouses and dependants to the exclusion of pension provision under any enactment other than section 26 of the principal Act and the Social Security Act 1975(1).

(2) In paragraph (1) “pension provision” means any provision for the payment of a pension, allowance or gratuity, on cessation of employment or on death, in respect of employment as a regular firefighter.

(3) A person who is not a member of a brigade but whose employment is, under rule A4 or A5, treated for the purposes of this Scheme as employment as a regular firefighter is not a regular firefighter for the purposes of this rule.

Application to temporary employment connected with fire services

A4.(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered relevant employment.

(2) For the purposes of this rule relevant employment is temporary employment, on duties connected with the provision of fire services—

(a)as an instructor at the central training institution or any training centre maintained by the Secretary of State, or

(b)as an inspector, assistant inspector or other officer appointed under section 24 of the principal Act, or

(c)in pursuance of arrangements made by the Secretary of State in connection with the training in fire-fighting of members of the armed forces of the Crown, or

(d)in pursuance of arrangements made by the Secretary of State, or made after 31st March 1968 but before 15th November 1970 by the Minister of Overseas Development, in connection with the training and organisation of fire-fighting forces in any country or territory outside the United Kingdom.

(3) Where this rule applies the person’s relevant employment shall be treated for the purposes of this Scheme as employment as a member of a brigade and this Scheme applies in relation to the relevant employment as if—

(a)he were, and his duties were duties as, a regular firefighter,

(b)his pay and rank were the same as they would have been had he not ceased to perform duties as a regular firefighter or, where section 10 of the Fire Services Act 1959(2) applies, the same as his pay and rank as a member of a brigade,

(c)any reference to a brigade were a reference to the relevant employment,

(d)rules A13 to A15 and L2 were omitted, and

(e)any reference to a fire authority were a reference to the Secretary of State.

Application to permanent employment as instructor

A5.(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered relevant employment.

(2) For the purposes of this rule relevant employment is permanent employment, on duties connected with the provision of fire services, as an instructor at the central training institution or any training centre maintained by the Secretary of State.

(3) Where this rule applies the person’s relevant employment shall be treated for the purposes of this Scheme as employment as a member of a brigade and this Scheme applies in relation to the relevant employment as if—

(a)he were, and his duties were duties as, a regular firefighter,

(b)any reference to a brigade were a reference to the relevant employment,

(c)any reference to a fire authority were a reference to the Secretary of State, and

(d)rules A13 to A15 and L2 were omitted.

No application to auxiliary firefighters

A6.  This Scheme does not apply in relation to a member of a brigade who is enrolled for service in the brigade which is restricted, except in a war emergency, to such duties as are desirable for training.

Reckoning of service for purposes of awards

A7.(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of a member of a brigade by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as—

where—

  • A is the number of completed years in the period, and

  • B is the number of completed days in any remaining part of a year,

  • and accordingly a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

(2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter—

(a)it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date (“the material date”), and

(b)by virtue of the receipt by a fire authority of a transfer value, he is entitled to reckon a period of pensionable service (“the credited period”) by reason of service or employment for a period (“the previous employment period”) which includes that date,

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

(3) In the case of a person who ceased to serve as a member of a brigade before 1st May 1975, Part III of Schedule 11 has effect and this rule does not apply.

Aggregate pension contributions for purposes of awards

A8.(1) A regular firefighter’s aggregate pension contributions comprise—

(a)all payments made by him to a fire authority that fall within paragraph (2),

(b)all payments made by him in accordance with an election under rule G6 (election to purchase increased benefits), and

(c)if paragraph (3) applies, the amount of the notional award described in paragraph (4).

(2) The payments that fall within this paragraph are payments under this Scheme or a previous Scheme that relate to a period of service which the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon as pensionable service and have not been refunded to him, including payments made—

(a)by way of rateable deductions from pay,

(b)by way of such additional and further payments as were mentioned in articles 57 to 59 of the 1973 Scheme, or

(c)in accordance with such an undertaking as is mentioned in Part I of Schedule 6.

(3) This paragraph applies where the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon pensionable service by reason of a period of service or employment otherwise than as a regular firefighter “the previous employment period”).

(4) The notional award mentioned in paragraph (1)(c) is the award by way of return of contributions or analogous payment that would have been made to him if, at the end of the previous employment period, he had voluntarily retired in circumstances entitling him to such an award under the applicable superannuation arrangements.

Qualifying injury

A9.(1) Except in rule J4, references in this Scheme to a qualifying injury are references to an injury received by a person without his own default in the execution of his duties as a regular firefighter.

(2) In rule J4, unless the context otherwise requires, references to a qualifying injury are references to an injury received by a person without his own default in the exercise of his duties as a part-time member of a brigade.

(3) An injury shall be treated as having been received by a person without his default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Disablement

A10.(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

(2) Subject to paragraph (3), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that in relation to a child it means incapacity, so occasioned, to earn a living.

(3) Where it is necessary to determine the degree of a person’s disablement, it shall be determined by reference to the degree to which his earning capacity has been affected as a result of a qualifying injury; if, as a result of such an injury, he is receiving in-patient treatment at a hospital he shall be treated as being totally disabled.

(4) Where a person has retired before becoming disabled and the date on which he becomes disabled cannot be ascertained, it shall be taken to be the date on which the claim that he is disabled is first made known to the fire authority.

Death or infirmity resulting from injury

A11.(1) Aperson shall be taken to have died from the effects of an injury if it appears that had he not suffered that injury he would not have died when he did.

(2) In the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person’s death.

Relevant service in the armed forces

A12.  References in this Scheme to relevant service in the armed forces are references to—

(a)service specified in Schedule 1 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(3) (“the 1951 Act”), other than service specified in paragraph 5(b) of that Schedule,

(b)part-time service under the National Service Act 1948(4), otherwise than pursuant to a training notice under that Act, and

(c)service for the purposes of training only performed by a person mentioned in paragraph 7 of Schedule 1 to the 1951 Act for a period shorter than 7 days.

Compulsory retirement on account of age

A13.(1) This rule applies to every whole-time member of a brigade appointed on terms under which he is or may be required to engage in fire-fighting.

(2) Subject to paragraph (3), a person to whom this rule applies shall retire—

(a)if he holds the rank of assistant divisional officer or a higher rank, on attaining the age of 60, or

(b)if he holds the rank of station officer or a lower rank, on attaining the age of 55.

(3) In special cases the fire authority may extend the service of a person to whom this rule applies for a further period if they are satisfied that such extension would be in the interests of efficiency.

Compulsory retirement on grounds of efficiency of brigade

A14.  Awhole-time member of a brigade who—

(a)was appointed on terms under which he is or may be required to engage in fire-fighting, and

(b)has attained the age of 50, and

(c)has, or but for an election under rule G3 would have, completed 25 years' pensionable service,

may be required by the fire authority to retire on the grounds that his retention in the brigade would not be in the general interests of its efficiency.

Compulsory retirement on grounds of disablement

A15.(1) Subject to paragraph (2), a regular firefighter may be required by the fire authority to retire on the date on which the authority determine that he ought to retire on the ground that he is permanently disabled.

(2) A retirement under this rule is void if, on an appeal against the medical opinion on which the fire authority acted in determining that he ought to retire, the medical referee decides that the appellant is not permanently disabled.

Effective date of retirement

A16.  For the purposes of this Scheme a member of a brigade shall be taken to retire immediately after his last day of service.

PART BPERSONAL AWARDS

Ordinary pension

B1.(1) Subject to paragraph (2), this rule applies to a regular firefighter who retires if he then—

(a)has attained the age of 50, and

(b)is entitled to reckon at least 25 years' pensionable service, and

(c)does not become entitled to an ill-health award under rule B3.

(2) This rule does not apply—

(a)to a person whose notice of retirement states that he is retiring for the purpose of joining another brigade, or

(b)unless his notice of retirement was given with the permission of the fire authority, to a chief officer, or in Scotland a firemaster, who retires before attaining the age of 55, or

(c)where immediately before the person’s retirement an election under rule G3 not to pay pension contributions had effect.

(3) A person to whom this rule applies becomes entitled on retiring to an ordinary pension calculated in accordance with Part I of Schedule 2.

Short service award

B2.(1) This rule applies, unless immediately before his retirement an election under rule G3 not to pay pension contributions had effect, to a regular firefighter—

(a)who retires as required by rule A13 (compulsory retirement on account of age) and does not on retiring become entitled to an ordinary pension under rule B1, or

(b)who retires on or after attaining the age of 65, is entitled to reckon at least 2 years' pensionable service, and is not entitled to any other pension or gratuity under this Part.

(2) A person to whom this rule applies becomes entitled on retiring—

(a)if he is entitled to reckon at least 2 years' pensionable service, to a short service pension calculated in accordance with Part II of Schedule 2, and

(b)in any other case, to a short service gratuity calculated in accordance with Part IV of Schedule 2.

Ill-health award

B3.(1) This rule applies, unless immediately before his retirement an election under rule G3 not to pay pension contributions had effect, to a regular firefighter who is required to retire under rule A15 (compulsory retirement on grounds of disablement).

(2) A person to whom this rule applies becomes entitled on retiring—

(a)if he is entitled to reckon at least 2 years' pensionable service or the infirmity was occasioned by a qualifying injury, to an ill-health pension calculated in accordance with Part III of Schedule 2, and

(b)in any other case, to an ill-health gratuity calculated in accordance with Part IV of Schedule 2.

Injury award

B4.(1) This rule applies to a regular firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

(2) A person to whom this rule applies is entitled—

(a)to a gratuity, and

(b)subject to paragraphs (3) and (4), to an injury pension,

both calculated in accordance with Part V of Schedule 2.

(3) Payment of an injury pension is subject to paragraph 4 of Part V of Schedule 2.

(4) Where the person retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

Deferred pension

B5.(1) This rule applies to a regular firefighter who is entitled to reckon at least 2 years' pensionable service or, though not so entitled—

(a)has an earlier period of service as a regular firefighter which, disregarding breaks in service of not more than a month, is continuous and which, after deducting from it any period during which an election under rule G3 not to pay pension contributions had effect and aggregating the remainder with his pensionable service, amounts to 2 years or more, or

(b)is entitled to reckon pensionable service by virtue both of service as a regular firefighter and of a period of other employment which together amount to 2 years or more.

(2) If a person to whom this rule applies ceases to be a member of a brigade, otherwise than in pursuance of a notice of retirement stating that he is retiring for the purpose of joining another brigade, or elects under rule G3 not to pay pension contributions, in circumstances in which—

(a)no transfer value or cash equivalent is payable in respect of him, and

(b)he does not become entitled to any award under rules B1 to B4,

he becomes entitled to a deferred pension calculated in accordance with Part VI of Schedule 2.

(3) If—

(a)a person to whom, when he was a regular firefighter, this rule applied has been awarded an ill-health pension under rule B3, and

(b)the unsecured portion of that pension is terminated under rule K1(3) otherwise than on his rejoining his brigade,

he becomes entitled to a deferred pension calculated in accordance with Part VI of Schedule 2.

(4) A deferred pension becomes payable—

(a)from the 60th birthday of the person entitled to it, or

(b)from any earlier date on which he becomes permanently disabled,

and no payment in respect of the pension shall be made for any earlier period.

(5) A person who under rule F4(4)(b) relinquishes his entitlement to a deferred pension ceases to be entitled to it.

Repayment of aggregate pension contributions

B6.(1) This rule applies to a regular firefighter who ceases to be a member of a brigade, otherwise than in pursuance of a notice of retirement stating that he is retiring for the purpose of joining another brigade, or elects under rule G3 not to pay pension contributions, in circumstances in which—

(a)no transfer value or cash equivalent is payable in respect of him, and

(b)he does not become entitled to any award under rules B1 to B5 or J1.

(2) A person to whom this rule applies becomes entitled to the repayment of his aggregate pension contributions.

Commutation — general provision

B7.(1) This rule applies to an ordinary, short service, ill-health or deferred pension under this Part; in relation to a deferred pension, it has effect as if references to retirement and to the date of retirement were references respectively to the pension’s coming into payment and to the date of its coming into payment.

(2) A person entitled or prospectively entitled to a pension to which this rule applies may commute for a lump sum a portion of the pension (“the commuted portion”).

(3) The lump sum is the actuarial equivalent of the commuted portion at the date of retirement, calculated from tables prepared by the Government Actuary.

(4) The commuted portion must not in any case exceed a quarter of the full amount of the pension.

(5) In the case of an ordinary pension, unless—

(a)when the person retires he is entitled to reckon at least 30 years' service, or

(b)he retires as required by rule A13 (compulsory retirement on account of age), or

(c)he retires on or after his 55th birthday and notice of commutation is given with the consent of the fire authority,

the commuted portion must not be such that the lump sum exceeds two and a quarter times the full amount of the pension.

(6) The full amount of a pension is its amount as calculated under Part I, II, III or VI of Schedule 2, disregarding any reduction under any other provision of this Scheme.

(7) In order to commute a portion of a pension a person must, not earlier than 4 months before his intended retirement nor later than 6 months after his retirement, give the fire authority written notice of commutation specifying the portion.

(8) Notice of commutation takes effect from the later of—

(a)the date on which it is received by the fire authority, and

(b)the date of the person’s retirement,

except that it does not take effect if it was given more than 4 months before retirement or relates to an ill-health pension the unsecured portion of which has already been terminated under rule K1(3).

(9) When a person’s notice of commutation takes effect the fire authority shall—

(a)reduce the pension, as from the effective date, by the commuted portion, and

(b)pay him the lump sum, reduced, where the effective date is the date of receipt of the notice, by the difference between the aggregate payments made in respect of the pension and the aggregate payments that would have been made in respect of it if it had been reduced from the date of retirement.

(10) Where notice of commutation relating to an ill-health pension has taken effect and the unsecured portion of the pension is terminated under rule K1(3)—

(a)no reduction shall be made under paragraph (9) in the secured portion of the ill-health pension, insofar as it is payable under rule K1(5), but

(b)if the person later becomes entitled to another pension, other than an injury pension, for the purposes of which he is entitled to reckon the period of pensionable service that was reckonable for the purposes of the ill-health pension, the unsecured portion of the other pension shall be reduced by the amount by which the ill-health pension would have been reduced if its unsecured portion had not been terminated,

and where sub-paragraph (b) applies and notice of commutation is given in respect of the other pension, the portion of it that may be commuted is reduced by the amount of the reduction under sub-paragraph (b).

(11) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

Commutation — small pensions

B8.(1) Where the amount of any pension payable under this Part to a person who has attained state pensionable age, together with any increase under the Pensions (Increase) Act 1971(5), does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973(6), the fire authority may in their discretion commute the pension for a gratuity.

(2) The amount of a gratuity under this rule is the actuarial equivalent of the pension, calculated from tables prepared by the Government Actuary.

(3) Where a person is entitled to more than one pension, the pensions shall be treated as one for the purposes of this rule.

Allocation

B9.(1) This rule applies to an ordinary, short service, ill-health or deferred pension under this Part.

(2) A person entitled or prospectively entitled to a pension to which this rule applies may allocate a portion of the pension in favour of a beneficiary, that is to say—

(a)his spouse, or

(b)some other person who the fire authority are satisfied is substantially dependent on him.

(3) A person who has allocated a portion of an ordinary pension may allocate a further portion of it—

(a)in favour of the same beneficiary, or

(b)if that beneficiary has died, in favour of some other beneficiary.

(4) A person who—

(a)has allocated a portion of any pension to which this rule applies, and

(b)proposes to marry or re-marry, and

(c)has not attained the age of 70,

may allocate a further portion of the pension in favour of his spouse by that marriage.

(5) No more than one third of a pension may be allocated under this rule.

(6) In order to allocate a portion of a pension a person must give the fire authority written notice of allocation specifying—

(a)the portion, and

(b)the beneficiary,

and must have satisfied the authority as to his good health.

(7) A person’s notice of allocation, which may be sent by post, must be given—

(a)if he has not retired but is entitled to retire with an ordinary pension, before his intended retirement,

(b)if he is in receipt of a pension and has not attained the age of 70 and proposes to marry or re-marry, and the beneficiary is his spouse by that marriage, before but not earlier than 2 months before his intended marriage,

(c)if the pension is a deferred pension, before but not earlier than 2 months before the pension comes into payment, or

(d)in any other case, before but not earlier than 2 months before his intended retirement.

(8) Where a person has complied with paragraphs (6) and (7) the fire authority shall forthwith notify him in writing that they have accepted the notice of allocation.

(9) Where the notice of allocation has been accepted and paragraph (7)(a) applies, the notice takes effect as from the earlier of—

(a)the date on which the authority’s notification under paragraph (8) was received, and

(b)the date of the person’s retirement.

(10) Where the notice of allocation has been accepted and paragraph (7)(b), (c) or (d) applies, the notice—

(a)takes effect only if the relevant event occurs within 2 months of its being given, and

(b)if it takes effect, does so as from the date of the relevant event.

(11) Where paragraph (7)(b) applies the relevant event is the marriage, where paragraph (7)(c) applies it is the coming into payment of the pension, and where paragraph (7)(d) applies it is the person’s retirement.

(12) Where a notice of allocation has taken effect and the pension to which it relates has become payable, the pension shall, even if the beneficiary has died, be reduced by the allocated portion as from the later of—

(a)the date from which the pension is payable, and

(b)the date on which the notice took effect,

and if the beneficiary survives the pensioner the fire authority shall, as from the pensioner’s death, pay the beneficiary a pension which is the actuarial equivalent of the allocated portion.

(13) The actuarial equivalent shall be calculated from tables prepared by the Government Actuary and in force at the time when the notice took effect, which shall—

(a)take account of the ages of the pensioner and the beneficiary at that time, and

(b)make different provision according to whether or not the notice took effect under paragraph (9),

and separate calculations shall be made in respect of separate allocations.

(14) Where notice of allocation in respect of an ordinary pension was given when the person was entitled to retire with an ordinary pension and has taken effect, then—

(a)if he dies before retiring and the beneficiary survives him, the fire authority shall pay the beneficiary the pension they would have paid by virtue of the notice if the ordinary pension had become payable immediately before the death, and

(b)if he retires with an ill-health pension, the notice shall be treated as having been given in respect of that pension.

(15) In the case of a chief officer, or in Scotland a firemaster, in determining for the purposes of this rule—

(a)whether he is entitled to retire with an ordinary pension, or

(b)if he dies before retiring, what pension would have been paid if he had retired immediately before he died,

no account shall be taken of the restriction on entitlement to an ordinary pension imposed by rule B1(2)(b).

(16) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

Limitation of commuted or allocated portion of pension

B10.(1) A person may not commute under rule B7 or allocate under rule B9—

(a)so much of any pension that it becomes payable at a rate less than two thirds of the rate at which it would have been payable but for those rules and Parts VII and VIII of Schedule 2, or

(b)in the case of a deferred pension in relation to which, when it becomes payable, he has a guaranteed minimum, so much of the pension that its weekly amount, including any increase under the Pensions (Increase) Act 1971, is then less than the guaranteed minimum.

(2) For the purposes of this rule no account shall be taken of any increase under rule I 2(3) or I 4 in an award to a serviceman.

Deduction of tax from certain awards

B11.  A fire authority may deduct from any payment which is chargeable to tax under section 598 of the Income and Corporation Taxes Act 1988(7) (repayment of employee’s contributions) the amount of tax charged.

PART CAWARDS ON DEATH — SPOUSES

Spouse’s ordinary pension

C1.(1) This rule applies where a person entitled to reckon at least 3 years' pensionable service dies, leaving a surviving spouse—

(a)while serving as a regular firefighter, unless an election under rule G3 not to pay pension contributions had effect at the time of his death, or

(b)while in receipt of an ordinary, short service or ill-health pension, or

(c)while in receipt of an injury pension, if he has been but no longer is in receipt both of that pension and of an ill-health pension, or

(d)in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Where this rule applies the surviving spouse is, subject to paragraph (3), entitled to an ordinary pension calculated, subject to Part I of Schedule 11 (calculation in certain cases where deceased serving or entitled to pension on 1st July 1973), in accordance with Part I of Schedule 3.

(3) Where the deceased died while serving as a regular firefighter, the surviving spouse may, by giving notice to the fire authority within 3 months after the date of the death, elect to have, instead of an ordinary pension, a reduced pension and a gratuity.

(4) The amount of the reduced pension is 75% of that of the ordinary pension which would otherwise have been payable.

(5) The amount of the gratuity is the greater of—

(a)6 times the amount of the reduced pension, and

(b)the deceased’s average pensionable pay,

but if the surviving spouse has received any pension payments at a rate higher than that of the reduced pension the fire authority shall recover the overpayment by reducing the gratuity.

(6) The fire authority may in their discretion accept a notice of election under paragraph (3) given more than 3 months after the date of the death.

Spouse’s special award

C2.(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse.

(2) Where this rule applies the surviving spouse is entitled—

(a)to a special pension calculated in accordance with Part II of Schedule 3, and

(b)subject to paragraph (5), to a gratuity.

(3) Where the deceased died while serving as a regular firefighter the amount of the gratuity is the total of 25% of his average pensionable pay and the greater of—

(a)his average pensionable pay, and

(b)two and a quarter times the amount of the pension that would have been payable under rule B3 if on the date of his death he had retired on the ground of permanent disablement.

(4) In any other case the amount of the gratuity is 25% of the deceased’s average pensionable pay.

(5) Where the deceased was entitled to an injury gratuity under rule B4—

(a)if it was of the same or a larger amount, no gratuity is payable under this rule, and

(b)if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

Spouse’s augmented award

C3.(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse, and one of the conditions in paragraph (2) is satisfied.

(2) The conditions are—

(a)that the injury was received in the execution of duties performed, in circumstances in which there was an intrinsic likelihood of his receiving a fatal injury, for the immediate purpose of saving the life of another person or of preventing loss of human life, or

(b)that the fire authority are of the opinion that the preceding condition may be satisfied and that this rule should apply, or

(c)that the fire authority are of the opinion that the injury was received in such circumstances that it would be inequitable if this rule were not to apply.

(3) Where this rule applies, rule C2 applies with the modifications set out in paragraphs (4) and (5) below.

(4) For the purpose of calculating the special pension, Part II of Schedule 3 has effect with the substitution for “45%” of “50%”.

(5) Unless they produce a more favourable result, rule C2(3) to (5) does not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter holding the rank of firefighter in the brigade maintained by the London Fire and Civil Defence Authority and entitled to reckon 30 years' service for the purposes of pay.

Spouse’s accrued pension

C4.(1) This rule applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a surviving spouse.

(2) For the purposes of paragraph (1) a person shall be treated as entitled to a deferred pension if he would have been entitled to one but for its commutation under rule B8.

(3) Where this rule applies the surviving spouse is entitled to an accrued pension calculated in accordance with Part III of Schedule 3.

Limitation on award to widow with reference to date of marriage

C5.(1) A widow is not entitled to an ordinary pension under rule C1, a special award under rule C2, an augmented award under rule C3, an accrued pension under rule C4 or an award under rule C7 unless she was married to the deceased during a period before he last ceased to be a regular firefighter.

(2) A widow who but for paragraph (1) would be entitled to a pension or other award mentioned in that paragraph is instead entitled to a pension calculated in accordance with Part IV of Schedule 3.

Widow’s requisite benefit and temporary pension

C6.(1) This rule applies where—

(a)a man entitled to reckon less than 3 years' pensionable service who is or has been a regular firefighter and by whom pension contributions have at any time been payable under rule G2 dies, leaving a widow, after the beginning of the tax year in which he attained or would have attained state pensionable age, and

(b)neither rule C2 nor rule C4 applies.

(2) Where this rule applies the widow is entitled—

(a)in respect of the first 13 weeks following the death, to a temporary pension, and

(b)after the last of those 13 weeks, to a requisite benefit pension.

(3) The weekly amount of the temporary pension is A − B, where—

  • A is the weekly amount, immediately before he died, of the deceased’s pensionable pay or, as the case may be, his pension or pensions (including any increase under the Pensions (Increase) Act 1971(8), and

  • B is the weekly amount of any children’s allowances payable in respect of his death.

(4) The requisite benefit pension shall be calculated in accordance with Part V of Schedule 3.

(5) If—

(a)the deceased died while serving as a regular firefighter, and

(b)the amount of the capitalised value of the requisite benefit pension, as calculated by the Government Actuary, is less than that of his average pensionable pay,

the widow is entitled to a gratuity equal to the difference between those amounts.

Spouse’s award where no other award payable

C7.(1) This rule applies where a person by whom pension contributions have at any time been payable under rule G2 dies while serving as a regular firefighter—

(a)in the case of a man, before the end of the tax year preceding that in which he would have attained state pensionable age, or

(b)in the case of a woman, at any time,

leaving a surviving spouse, and neither rule C1 nor rule C2 nor rule C4 applies.

(2) Where this rule applies the surviving spouse is entitled—

(a)in respect of the first 13 weeks following the death, to a temporary pension calculated as if rule C6(2)(a) and (3) had applied, and

(b)to a gratuity of an amount equal to the deceased’s average pensionable pay.

Limitation where spouses living apart

C8.(1) A surviving spouse who at the time of the death was living apart from the deceased is not entitled to any award under rules C1 to C7.

(2) Except where paragraph (3) applies, a surviving spouse who but for paragraph (1) would be entitled to an award under rule C1, C2, C3 or C4 is entitled instead to a requisite benefit pension calculated in accordance with Part V of Schedule 3.

(3) Where—

(a)the surviving spouse would but for paragraph (1) be entitled to an award under rule C1, C2, C3 or C4, and

(b)at the time of the death the deceased was making relevant contributions, or was liable to do so by virtue of an agreement or of an order or decree of a competent court,

the surviving spouse is entitled to a pension of the appropriate amount.

(4) Relevant contributions are contributions paid or payable—

(a)for the support of the spouse, or

(b)to the spouse for the support of a child of the spouse's,

the amount of which exceeds that of the requisite benefit pension that would otherwise be payable under paragraph (2).

(5) The appropriate amount is the lesser of—

(a)the amount of a pension calculated in accordance with, as the case may be, rule C1, C2, C3 or C4, and

(b)the amount of the relevant contributions.

(6) The fire authority may determine that, for such period as they think fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as they think fit.

(7) Where but for paragraph (1) the surviving spouse would be entitled to a gratuity, the fire authority may decide that the gratuity be paid in whole or part, as they think fit.

Effect of remarriage

C9.(1) A person entitled to a pension under this Part who remarries is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage is dissolved or the other party to it dies the fire authority may pay the whole or any part of the pension for such period after the dissolution or death as they think fit.

(2) Where a person entitled to a gratuity under this Part remarries any part of the gratuity that has not already been paid (“the outstanding amount”) ceases to be payable; but if the marriage is dissolved or the other party to it dies the fire authority may pay the person the whole or any part of the outstanding amount.

PART DAWARDS ON DEATH — CHILDREN

Child’s ordinary allowance

D1.(1) This rule applies where a person dies, leaving a child—

(a)while serving as a regular firefighter, unless an election under rule G3 not to pay pension contributions had effect at the time of his death, or

(b)while in receipt of an ordinary, short service or ill-health pension, or

(c)while in receipt of an injury pension, if he has been but no longer is in receipt both of that pension and of an ill-health pension, or

(d)in consequence of an injury on account of which he retired from service as a regular firefighter with an ill-health gratuity, if he has not since had any period of such service.

(2) Subject to rule D5, where this rule applies the child is entitled to an ordinary allowance calculated, subject to Part II of Schedule 11 (calculation in certain cases where deceased serving or entitled to pension on 1st July 1973), in accordance with Part I of Schedule 4.

Child’s special allowance

D2.(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child.

(2) Subject to rule D5, where this rule applies the child is entitled to a child’s special allowance calculated in accordance with Part II of Schedule 4.

Child’s special gratuity

D3.(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

leaving a child but not leaving a surviving spouse entitled to a gratuity under rule C2, and one of the conditions in rule C3(2) is satisfied.

(2) Subject to rule D5, where this rule applies the child is entitled to a gratuity in addition to a child’s special allowance.

(3) Where only one child is entitled to a gratuity, its amount is that specified in rule C3(5) (“the full amount”); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Child’s accrued allowance

D4.(1) This rule applies, whether or not the pension has come into payment, where a person entitled to a deferred pension dies leaving a child.

(2) Subject to rule D5, where this rule applies the child is entitled to an accrued allowance calculated in accordance with Part III of Schedule 4.

Child’s allowance or special gratuity — limitations

D5.(1) No allowance or gratuity under this Part shall be paid—

(a)in respect of a child born on or after the relevant date who is not a child of a marriage that took place before that date, or

(b)by reason of his being a step-child, in respect of a child of a spouse whose marriage to the deceased took place on or after the relevant date, or

(c)by reason of his being substantially dependent on the deceased, in respect of a child who was not so dependent before the relevant date, or

(d)by reason of his being an adopted child, in respect of a child adopted on or after the relevant date, or

(e)except in the case of a legitimate or adopted child of the deceased, in respect of a child who was not substantially dependent on the deceased at the time of the death,

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

(2) No allowance under this Part shall be paid in respect of a person who—

(a)has attained the age of 16 but has not attained the age of 17, and

(b)is in full-time employment,

unless the employment constitutes full-time training of at least one year’s duration for a trade, profession or calling (“full-time vocational training”).

(3) No allowance under this Part shall be paid in respect of a person who has attained the age of 17 unless—

(a)he is permanently disabled and one of the conditions in paragraph (4) is satisfied, or

(b)he is undergoing full-time education or full-time vocational training and either he has not attained the age of 19 or the condition in paragraph (5) is satisfied.

(4) The conditions mentioned in paragraph (3)(a) are—

(a)that he was both permanently disabled and substantially dependent on the deceased at the time of the death, or

(b)that he became permanently disabled while in receipt of an allowance under this Part, or

(c)that the fire authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him.

(5) The condition mentioned in paragraph (3)(b) is that he was undergoing full-time education or full-time vocational training immediately before his 19th birthday and either—

(a)he has since continued to do so without any period of interruption, or

(b)the fire authority, having regard to all the circumstances, in their discretion determine to pay an allowance to him notwithstanding any period of interruption.

(6) Part IV of Schedule 4 has effect for the reduction, in certain circumstances, of allowances under this Part.

(7) No special gratuity under rule D3 shall be paid in respect of a person who attained the age of 17 before the date of the death unless at that date he was—

(a)undergoing full-time education or full-time vocational training, or

(b)both permanently disabled and substantially dependent on the deceased.

PART EAWARDS ON DEATH — ADDITIONAL PROVISIONS

Lump sum death grant

E1.(1) On the death of a person while serving as a regular firefighter a lump sum death grant becomes payable unless an election under rule G3 not to pay pension contributions had effect at the time of the death.

(2) The grant is payable whether or not any pension or gratuity is payable under Part C.

(3) The amount of the grant is twice that of the deceased’s pensionable pay, expressed as an annual rate—

(a)at the time of the death, or

(b)if he was then absent from duty without pay, immediately before that absence began.

(4) The grant is to be paid—

(a)to any surviving spouse who qualifies for it, or

(b)if there is no such surviving spouse, to the personal representatives.

(5) A surviving spouse who qualifies for the grant is one who was not living apart from the deceased at the time of the death.

Adult dependent relative’s special pension

E2.(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

(2) An adult dependent relative is—

(a)a parent of the deceased, or

(b)a brother or sister of the deceased who had attained the age of 19 before the death, or

(c)a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

(3) If the fire authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

(4) A special pension under this rule—

(a)shall be calculated in accordance with Part I of Schedule 5, and

(b)is payable for such period or periods as the fire authority may, in their discretion, from time to time determine.

Dependent relative’s gratuity

E3.(1) This rule applies where a person dies—

(a)while serving as a regular firefighter, or

(b)while in receipt of a pension other than a deferred pension,

and there is a dependent relative.

(2) A relative is a person who is, or is a child of, a surviving spouse or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

(a)was substantially dependent on the deceased immediately before the death, and

(b)is not entitled to any award under this Scheme.

(3) If the fire authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this rule in respect of the death shall not exceed the amount of the deceased’s aggregate pension contributions.

Payment of balance of contributions to estate

E4.(1) This rule applies where a person dies—

(a)while in receipt of an ordinary, short service or ill-health pension, or

(b)while entitled to a deferred pension, or

(c)while serving as a regular firefighter,

and the aggregate of the relevant amounts is less than the amount of his aggregate pension contributions.

(2) Where paragraph (1)(a) or (b) applies, the relevant amounts are—

(a)the sums paid in respect of the pension mentioned in paragraph (1) “the pension”),

(b)if the pension was an ill-health pension and the deceased was also in receipt of an injury pension, the sums paid by way of pension and gratuity under rule B4,

(c)if the pension was reduced under rule B7 (commutation), the lump sum paid under that rule,

(d)if the pension was reduced under rule B9 (allocation), the sums that would otherwise have been paid in respect of the allocated portion,

(e)any gratuity payable in respect of the death, and

(f)the actuarial value, calculated from tables prepared from time to time by the Government Actuary, of any surviving spouse’s pension or child’s allowance payable in respect of the death.

(3) Where paragraph (1)(c) applies, the relevant amounts are those described in paragraph (2)(e) and (f).

(4) The fire authority shall pay the difference between the aggregate of the relevant amounts and the deceased’s aggregate pension contributions to his personal representatives.

Gratuity in lieu of surviving spouse’s pension

E5.(1) Where the amount of any pension payable under Part C to a widow, together with any increase under the Pensions (Increase) Act 1971(9), does not exceed £260, or any greater amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973(10), the fire authority may in their discretion commute the pension for a gratuity.

(2) Subject to rule E7, where—

(a)the weekly amount of a pension payable under rule C1 or C2 to a widow exceeds her guaranteed minimum pension, and

(b)the deceased had not attained state pensionable age, and

(c)the fire authority are satisfied that there are sufficient reasons, and

(d)the widow consents,

the fire authority may in their discretion commute for a gratuity that part of the pension which is in excess of her guaranteed minimum pension, or so much of that part as may be commuted without contravening rule E7.

(3) Subject to rule E7, where—

(a)a widower is entitled to a pension under rule C1 or C2, and

(b)the fire authority are satisfied that there are sufficient reasons, and

(c)the widower consents,

the fire authority may in their discretion commute for a gratuity the pension or so much of it as may be commuted without contravening rule E7.

(4) A gratuity under this rule shall be calculated in accordance with Part II of Schedule 5.

Gratuity in lieu of child’s allowance

E6.(1) Subject to rule E7, where—

(a)a child is entitled to an allowance under Part D, and

(b)the fire authority are satisfied that there are sufficient reasons, and

(c)a surviving parent or the child’s guardian or, if he has neither, the child himself consents,

the fire authority may in their descretion commute for a gratuity the allowance or so much of it as may be commuted without contravening rule E7.

(2) A gratuity under this rule shall be calculated in accordance with Part III of Schedule 5.

Limitation on discretion to commute pension or allowance for gratuity

E7.(1) This rule applies where a person dies while in receipt of an ordinary, short service, ill-health or deferred pension (“the principal pension”).

(2) The fire authority may not under rule E5 or E6 commute the whole or a part of any pension or allowance for a gratuity the actuarial value of which exceeds the permitted amount.

(3) The permitted amount is A − B − C, where—

  • A is a quarter of the actuarial value of the principal pension, disregarding any reduction under rule B7 (commutation),

  • B is the actuarial value of any other gratuity under rule E5 or E6, and

  • C is the actuarial value of any lump sum paid under rule B7.

(4) The actuarial value of any pension, gratuity or lump sum is its actuarial value at the time of the deceased’s retirement as calculated by the Government Actuary.

(5) For the purposes of this rule no account shall be taken of an increase under rule I 2(3) or I 4 in an award to a serviceman.

Increase of pensions and allowances during first 13 weeks

E8.(1) Paragraphs (2) to (4) apply to a surviving spouse’s ordinary, special or accrued pension (“the survivor’s pension”) where the deceased died—

(a)while serving as a regular firefighter, or

(b)while in receipt of a pension.

(2) For each of the first 13 weeks for which it is payable the survivor’s pension shall if necessary be increased so that the total of—

(a)the survivor’s pension, and

(b)any children’s allowances payable,

is not less than the appropriate amount.

(3) The appropriate amount is—

(a)1973 c. 38.

(a)where paragraph (1)(a) applies, the deceased’s pensionable pay for a week, and

(b)where paragraph (1)(b) applies, the weekly amount of the deceased’s pension together with any increase in it under the Pensions (Increase) Act 1971,

immediately before the death.

(4) For the purposes of paragraph (3)(b)—

(a)any reduction in the deceased’s pension under paragraph 3 of Part V of Schedule 2 (additional benefits) or under Part VIII of that Schedule (uprating of widows' pensions) shall be disregarded, and

(b)where the deceased died while in receipt of an injury pension as well as an ordinary, short service or ill-health pension, the reference to the weekly amount of the deceased’s pension shall be construed as a reference to the aggregate weekly amount of both the pensions.

(5) Paragraphs (6) and (7) apply to a child’s ordinary, special or accrued allowance where the deceased died as mentioned in paragraph (1) and—

(a)there is no surviving spouse, or

(b)a surviving spouse did not become entitled to a pension which was payable for a continuous period of 13 weeks.

(6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall if necessary be increased—

(a)so that the amount paid in respect of it is not less than the appropriate amount ascertained in accordance with paragraphs (3) and (4), or

(b)where two or more allowances are payable, so that the amount paid in respect of each of them is not less than that appropriate amount divided by the number of allowances.

(7) No allowance shall be increased under paragraph (6) for any week for which a pension is payable to a surviving spouse.

Flat-rate awards

E9.(1) This rule applies where an election has effect under—

(a)paragraph 2 of Part I of Schedule 3 (spouse’s ordinary pension), or

(b)paragraph 3 of Part III of Schedule 3 (spouse’s accrued pension), or

(c)paragraph 3 of Part I of Schedule 4 (child’s ordinary allowance), or

(d)paragraph 3 of Part I of Schedule 4 as applied by Part III of that Schedule (child’s accrued allowance).

(2) Subject to paragraph (3), where paragraph (1)(a) or (b) applies the amount of the pension is—

(a)if the deceased’s last rank was not higher than sub-officer (“Case A”), £379.78,

(b)if it was higher than sub-officer but not higher than divisional officer (Grade 1) (“Case B”), £494.54, and

(c)if it was higher than divisional officer (Grade 1) (“Case C”), £594.18,

increased, in each case, in accordance with paragraph (7).

(3) Where—

(a)paragraph (1)(a) applies and the deceased was entitled to reckon at least 10 years' pensionable service, or

(b)paragraph (1)(b) applies and the deceased ceased to serve as a regular firefighter after 5th April 1975 and would, had he continued to serve until he could have been required to retire on account of age, have become entitled to reckon at least 10 years' pensionable service,

the amount specified in, as the case may be, paragraph (2)(a), (b) or (c) is increased by £29.91.

(4) Where paragraph (1)(c) or (d) applies and one of the child’s parents is alive, the amount of the allowance is—

(a)in Case A, £107.99,

(b)in Case B, £127.29, and

(c)in Case C, £157.02,

increased, in each case, in accordance with paragraph (7).

(5) Subject to paragraph (6), where paragraph (1)(c) or (d) applies and neither of the child’s parents is alive, the amount of the allowance is—

(a)in Case A, £159.11,

(b)in Case B, £188.84, and

(c)in Case C, £233.19,

increased, in each case, in accordance with paragraph (7).

(6) The fire authority may in any particular case from time to time determine to substitute for the amount specified in paragraph (5)(a), (b) or (c) a higher amount not exceeding—

(a)in Case A, £209.19,

(b)in Case B, £249.88, and

(c)in Case C, £311.44.

(7) An amount arrived at under paragraphs (2) to (6) (“the basic rate”) shall be increased to an amount equal to the annual rate (rounded up to the nearest penny) at which the pension or allowance would for the time being be payable if it had been an official pension, within the meaning of the Pensions (Increase) Act 1971 (“the 1971 Act”), which began, and first qualified for increases under the 1971 Act, on 30th June 1978 and was then payable at the basic rate.

(8) In calculating an increased amount under paragraph (7) any increase that would have occurred under the 1971 Act in respect of a period beginning before 12th November 1979 shall be disregarded.

PART FPENSIONABLE SERVICE AND TRANSFER VALUES

Reckoning of and certificates as to pensionable service

F1.(1) Subject to paragraph (2), a person is entitled to reckon as pensionable service the total of the periods he is entitled to reckon under rules F2 to F7 and, in the case of a serviceman, any period reckonable under rule I 6 (relevant service in armed forces).

(2) No period is reckonable as pensionable service under more than one provision of rules F2 to F7.

(3) Within 6 months of the date on which a person becomes entitled to reckon a period as pensionable service under rule F3, F4, F5, F6, F7 or I6 the fire authority shall supply him with a certificate showing the pensionable service he was entitled to reckon on that date (“the material date”).

(4) A person who is dissatisfied with a certificate supplied to him under paragraph (3) may, within 3 months after being supplied with it, appeal to the Secretary of State, who shall either confirm or vary the certificate.

(5) If he does not appeal, the certificate as supplied, and if he does appeal, the certificate as confirmed or varied, is conclusive as to the pensionable service he was entitled to reckon on the material date.

(6) If he claims a pension or gratuity, or dies, after the material date but before a certificate has been supplied, paragraph (3) ceases to apply; if he does so before a certificate has become conclusive, the certificate ceases to have effect and paragraph (4) ceases to apply.

(7) For the purposes of paragraphs (3) to (6) a serviceman shall be treated as only becoming entitled to reckon service under rule I 6 if and when he resumes service in his former brigade.

Current service

F2.(1) Subject to paragraphs (2) and (3), a person serving as a regular firefighter is entitled to reckon as pensionable service—

(a)any period of service as a regular firefighter after 31st March 1972, except a period during which pension contributions were not payable under rule G2, in the brigade in which he is serving, and

(b)if he was serving in that brigade both on and immediately before 1st April 1972, any period he was entitled to reckon immediately before that date.

(2) A person is not entitled to reckon as pensionable service by virtue of paragraph (1)—

(a)if he has left and rejoined the brigade after 31st March 1972, any period of service before he last rejoined the brigade, or

(b)any period of absence from duty as a regular firefighter as a result of sickness or injury certified by a qualified medical practitioner to be due to his own misconduct, or

(c)subject to paragraph (3), any period of absence from duty without pay.

(3) The fire authority maintaining the brigade in which a person is serving as a regular firefighter may at any time resolve that he shall be entitled to reckon as pensionable service all or part of any period of absence from duty without pay; in that event he becomes liable to pay the authority the contributions (including any such additional or further contributions as are mentioned in rule G4) that would have been payable for the reckonable period if he had been paid at his normal rate.

Previous service reckonable without payment

F3.  A person who—

(a)has retired from a brigade with an ill-health pension, and

(b)has resumed service as a regular firefighter in the brigade in the circumstances and within the period mentioned in rule K1(1) to (4) (cancellation of ill-health pension),

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

Previous service reckonable on payment

F4.(1) A person who—

(a)has retired from a brigade without a pension and without any transfer value or cash equivalent becoming payable by the fire authority, and

(b)has within 12 months, with the written consent, applied for before retiring, of the fire authority maintaining the brigade from which he retired, joined another brigade as a regular firefighter, and

(c)within 6 months of joining the other brigade, or such longer period as the fire authority maintaining that brigade may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(2) The required amount is A − B + C, where—

  • A is any sum paid to him on the retirement by way of gratuity or return of his aggregate pension contributions,

  • B is so much of A as represents a return of such additional and further payments as were mentioned in articles 57 to 59 of the 1973 Scheme, and

  • C is the balance outstanding immediately before the retirement of any sum he had undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6.

(3) A person who—

(a)has retired from a brigade with no pension other than an ill-health pension the unsecured portion of which has been terminated as mentioned in rule K1(3), and

(b)has again become a regular firefighter in that or another brigade, and

(c)within 6 months of his again becoming a regular firefighter, or such longer period as the fire authority may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 a sum calculated in accordance with paragraph 2 of that Part,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(4) A person who—

(a)has retired from a brigade with a deferred pension, and

(b)has by written notice to the fire authority relinquished the pension, and

(c)has again become a regular firefighter in that or another brigade, and

(d)within 6 months of his again becoming a regular firefighter, or such longer period as the fire authority maintaining the brigade in which he is serving may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 the required amount described in paragraph (2),

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(5) If immediately before the retirement a person entitled to reckon service under paragraph (4) was making by way of contributions any such additional or further payments as were mentioned in articles 57 and 58 of the 1973 Scheme—

(a)the fire authority maintaining the brigade from which he retired shall repay him the amount he paid by way of such contributions, and

(b)he shall be treated as having neither paid nor elected to pay the contributions.

Period during which injury pension was payable

F5.(1) A person who—

(a)has retired from a brigade and become entitled to an injury pension, and

(b)has resumed service as a regular firefighter in the brigade in the circumstances and within the period mentioned in rule K1(1) to (4), and

(c)within 6 months of his resuming service, or such longer period as the fire authority may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period during which he was entitled to the injury pension (“the pension period”).

(2) The required amount is the total of the pension contributions (excluding such additional and further contributions as were mentioned in articles 57 and 58 of the 1973 Scheme) that would have been payable by him for the pension period if he had continued to serve as a regular firefighter in the rank he held immediately before the retirement.

War service

F6.(1) Parts I to V of Schedule 7 have effect for determining the circumstances in which, and the extent to which, war service is reckonable as pensionable service.

(2) Part VI of Schedule 7 has effect for determining the circumstances in which additional transfer values are payable in respect of war service, and their amounts.

Receipt of transfer value

F7.(1) Subject to paragraphs (2) to (4), a fire authority may accept a transfer value offered to them, in respect of a person who has become a regular firefighter in the brigade maintained by them, by the scheme managers of a superannuation scheme to which he was subject in previous service or employment (“the previous scheme”).

(2) The person must have made a written request to the authority for the transfer value to be accepted.

(3) A transfer value may not be accepted—

(a)if one was accepted before 1st March 1992 in relation to the same transfer, or

(b)where the person became a regular firefighter before 1st March 1992, if a transfer value could not have been accepted under article 52B of the 1973 Scheme, or

(c)if he had a guaranteed minimum in relation to a pension provided by the previous scheme unless—

(i)the previous scheme is a club scheme, or

(ii)the transfer value offered is of at least the required amount.

(4) The required amount is AXB, where—

  • A is the annual amount of the guaranteed minimum pension to which he would be entitled under rule J1 if the transfer value were accepted, and

  • B is the factor ascertained from the Table below by reference to his age at the date on which he requested the fire authority to accept it.

    TABLE
    AgeFactor
    29 or under8
    30 to 399
    40 to 4910
    50 or over12

(5) A person in respect of whom a transfer value is accepted is entitled to reckon as pensionable service a period calculated in accordance with Part II of Schedule 6.

Transfer payments between fire authorities

F8.  Where a person—

(a)has retired from a brigade (“the first brigade”), and

(b)has after 29th February 1992 become a regular firefighter in another brigade (“the second brigade”), and

(c)has become entitled under rule F4 to reckon as pensionable service the period he was entitled to reckon when he retired,

the fire authority maintaining the first brigade shall pay the authority maintaining the second brigade a sum calculated in accordance with Part III of Schedule 6.

Payment of transfer values

F9.(1) Subject to paragraphs (2) to (8), a fire authority—

(a)may pay a transfer value in respect of a person who has, before attaining state pensionable age, either ceased to serve as a regular firefighter in the brigade maintained by them or elected under rule G3 not to pay pension contributions and has become subject to another superannuation scheme (“the receiving scheme”), and

(b)shall pay a transfer value in respect of such a person if the receiving scheme is an approved scheme.

(2) The person must within 6 months after becoming subject to the receiving scheme, or such longer period as the fire authority may in the circumstances allow, have made a written request to the fire authority for the transfer value to be paid.

(3) A transfer value may not be paid if one was paid before 1st March 1992 in relation to the same transfer.

(4) A transfer value may not be paid if the person has received any payment in respect of a pension to which he became entitled under Part B on ceasing to serve as a regular firefighter.

(5) A transfer value may not be paid if the person has received any gratuity or repayment of pension contributions to which he became entitled under Part B on ceasing to serve as a regular firefighter, unless he—

(a)became subject to the receiving scheme within 12 months, or such longer period as the fire authority may in the circumstances allow, after ceasing to serve, and

(b)has, within the period allowed by paragraph (2) for requesting payment of the transfer value, repaid to the authority the amount paid to him.

(6) A transfer value may not be paid if the person has a guaranteed minimum in relation to a pension provided by this Scheme, unless—

(a)the receiving scheme is a contracted-out scheme, or

(b)a contributions equivalent premium has been paid in respect of him by the fire authority and has not been repaid.

(7) A transfer value may not be paid if the person has acquired a right to a cash equivalent, unless—

(a)the service to which the cash equivalent relates includes service before 1st October 1990, and

(b)the right has been exercised by requiring the whole of the cash equivalent to be paid to the scheme managers of an approved scheme which is not a club scheme.

(8) A transfer value may not be paid if the person—

(a)has acquired a right to a part cash equivalent, and

(b)would on taking that right remain entitled to a deferred pension.

(9) If a transfer value or cash equivalent is paid any award to which the person became entitled under Part B on ceasing to serve as a regular firefighter ceases to be payable.

(10) Part IV of Schedule 6 has effect for determining the amounts of transfer values payable under this rule.

PART GPENSIONABLE PAY AND CONTRIBUTIONS

Pensionable pay and average pensionable pay

G1.(1) Subject to paragraph (2), the pensionable pay of a regular firefighter is his pay as determined—

(a)in relation to his rank, or

(b)in the case of a chief officer or assistant chief officer, or in Scotland a firemaster or assistant firemaster, for the post.

(2) For the purposes of paragraph (1), in the case of a person by whom pension contributions became payable after 31st May 1989 either—

(a)for the first time, or

(b)following any period in respect of which they were not payable, except where regulation 4 of the Retirement Benefit Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990(11) applies his pay shall be taken not to include any excess, in any tax year, over the figure which is the permitted maximum for that year for the purposes of section 594(2) and (3) of the Income and Corporation Taxes Act 1988(12) (that is to say, the figure specified for the year by an order made by the Treasury under section 590C(6) of that Act).

(3) The average pensionable pay of a regular firefighter is, subject to paragraphs (5) to (7), the aggregate of his pensionable pay during the year ending with the relevant date.

(4) The relevant date is—

(a)for the purposes of rules B4 (injury award), C2 (spouse’s special award), C7 (spouse’s award where no other award payable), D2 (child’s special allowance), D3 (child’s special gratuity) and E2 (adult dependent relative’s special pension), the date of the person’s last day of service as a regular firefighter, and

(b)for all other purposes, the date of his last day of service in a period during which pension contributions were payable under rule G2.

(5) Subject to paragraphs (6) and (7), if he was in receipt of pensionable pay for part only of the year ending with the relevant date, his average pensionable pay is the aggregate of his pensionable pay for that part multiplied by the reciprocal of the fraction of the year which that part represents.

(6) For the purposes of paragraphs (3) and (5) any reduction of pensionable pay during sick leave or stoppage by way of punishment shall be disregarded.

(7) If the amount determined in accordance with paragraphs (3) to (6) is less than it would have been if the relevant date had been the corresponding date in whichever of the two preceding years yields the highest amount, that corresponding date shall be taken to be the relevant date.

(8) A regular firefighter’s average pensionable pay for a week is his average pensionable pay divided by 52 1/6th.

Pension contributions

G2.(1) A regular firefighter shall, except while an election under rule G3 has effect, pay pension contributions to the fire authority at the rate of 1p a week less than 11% of his pensionable pay.

(2) The contributions payable under paragraph (1) on each instalment of pay are due at the same time as that instalment and, without prejudice to any other method of payment, may be deducted by the fire authority from the instalment.

Election not to pay pension contributions

G3.(1) Subject to paragraph (8), a regular firefighter may at any time, by giving written notice to the fire authority, elect that rule G2 is not to apply in his case.

(2) Subject to paragraph (3), an election under paragraph (1) takes effect on the first date after the notice is received on which an instalment of pay falls due.

(3) In the case of a person who has given notice under paragraph (1) within 3 months after the date on which he last became a regular firefighter (“the material date”), the election shall be treated as having taken effect on the material date.

(4) Where an election is to be treated as having taken effect on the material date—

(a)the fire authority shall repay the person the pension contributions paid by him since that date, and

(b)for the purposes of rules C6 and C7 pension contributions shall be taken not to have been payable by him at any time.

(5) Subject to paragraph (6), a person who has made an election under paragraph (1) may, not later than his 45th birthday, cancel it by giving written notice to the fire authority.

(6) The fire authority may resolve that a person’s election may not be cancelled unless he has undergone a medical examination, at his own expense, and satisfied them as to his good health.

(7) Where an election is cancelled it ceases to have effect on the first date after the notice is received on which an instalment of pay falls due.

(8) A person who has cancelled an election made under paragraph (1) may not make a further election under that paragraph during the same period of service as a regular firefighter.

Continued payment of additional and further contributions

G4.  A regular firefighter who immediately before 1st March 1992 was still liable to pay additional or further contributions pursuant to an election under article 58(2) or (3) of the 1973 Scheme shall continue to pay them, except while an election under rule G3 has effect, for so long as they would have remained payable if that Scheme had not been revoked.

Purchase of increased benefits

G5.(1) For the purpose of securing increased benefits as provided in rule G8, additional sixtieths of average pensionable pay may be purchased in accordance with rules G6 and G7 by eligible persons.

(2) An eligible person is a regular firefighter—

(a)who is paying pension contributions under rule G2,

(b)to whom Part IV of Schedule 11 does not apply,

(c)whose retirement date is at least 9 years after the date on which he last became a regular firefighter, and

(d)who on his retirement date would be entitled to reckon less than 30 years' pensionable service.

(3) A person’s retirement date is the date on which, as at the time of an election under rule G6, he could be required to retire on account of age if he continued to serve as a regular firefighter without change of rank.

Election to purchase increased benefits

G6.(1) Subject to paragraphs (2) to (4), an eligible person may, by giving written notice to the fire authority, elect to purchase a specified number of sixtieths of his average pensionable pay by paying to the fire authority—

(a)a lump sum calculated in accordance with paragraph 1 or 2 of Part I of Schedule 8, or

(b)periodical contributions calculated in accordance with paragraph 3 or 4 of that Part.

(2) The number of sixtieths specified—

(a)must not be such that, if he continued to serve as a regular firefighter until his retirement date, more than 40 sixtieths of his average pensionable pay would count in calculating his pension, and

(b)need not be a whole number.

(3) An election to pay a lump sum—

(a)must be made within 12 months after the date on which he last became a regular firefighter, and

(b)if the sum is not paid within 3 months after the date on which notice was given, shall be treated as not having been made.

(4) An election to pay periodical contributions must be made at least 2 years before the person’s retirement date, but no such election may be made—

(a)if the fire authority have notified him that they require him to retire under rule A14 (efficiency of brigade) or A15 (disablement), or

(b)if the fire authority so resolve, unless he has at his own expense undergone a medical examination and satisfied the authority as to his good health.

(5) An election under this rule—

(a)takes effect, subject to paragraph (3)(b), on the day on which the written notice is received by the fire authority,

(b)continues to have effect notwithstanding any postponement by reason of promotion of the date on which the person could be required to retire on account of age, and

(c)is irrevocable.

Payment of periodical contributions for increased benefits

G7.(1) Subject to paragraphs (2) to (4), where a person has elected under rule G6 to pay periodical contributions they are payable from his next birthday and continue to be payable until the earliest of—

(a)his retirement date,

(b)the date on which he ceases to serve as a regular firefighter, and

(c)the date on which any election under rule G3 takes effect.

(2) If before his retirement date he—

(a)retires with an ill-health pension, and resumes service as a regular firefighter, or

(b)having made an election under rule G3, cancels it,

the contributions again become payable, and continue to be payable as provided in paragraph (1).

(3) If for any period the total of—

(a)the periodical contributions calculated in accordance with paragraph 3 or 4 of Part I of Schedule 8, and

(b)his pension contributions under rule G2 and any additional or further contributions remaining payable by virtue of rule G4,

exceeds 15% of his pensionable pay, the excess is not payable by way of contributions under paragraph (1), but he shall make a lump sum payment of its actuarial equivalent as determined by the Government Actuary.

(4) If the fire authority are satisified that payment of the periodical contributions is causing, or is likely to cause, financial hardship they may consent to the discontinuance of payment for such period as they think fit.

Effect of payment for increased benefits

G8.(1) Where a person has paid a lump sum, or begun paying periodical contributions, in accordance with an election under rule G6—

(a)if he becomes entitled to a pension under rule B1, B2, B3 or B5 (ordinary, short-service, ill-health and deferred pensions) the amount of the pension, before any commutation under rule B7, shall be increased by the appropriate amount, and

(b)awards mentioned in paragraph 2(2), 3(2), 4 and 5 of Part III of Schedule 8 shall be increased in accordance with that Part.

(2) Subject to paragraph (3), where the person—

(a)dies while serving as a regular firefighter, or

(b)retires with an ill-health pension, or

(c)retires on or after his retirement date,

the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election.

(3) If the person had begun paying periodical contributions and—

(a)payment of those contributions had at any time been discontinued under rule G7(4), or

(b)he had made and subsequently cancelled an election under rule G3,

the appropriate amount is the amount described in paragraph 1 of Part II of Schedule 8.

(4) Where on—

(a)ceasing to be a member of a brigade in circumstances not falling within paragraph (2), or

(b)making an election under rule G3 which is not subsequently cancelled,

the person does not become entitled to the repayment of his aggregate pension contributions, the appropriate amount is to be ascertained from paragraphs (5) and (6).

(5) Subject to paragraph (6)—

(a)if he had paid a lump sum, the appropriate amount is the number of sixtieths of his average pensionable pay specified in the election, and

(b)if he had begun paying periodical contributions, the appropriate amount is the amount described in paragraph 2 of Part II of Schedule 8.

(6) Where he retires with an ordinary pension before his retirement date, the appropriate amount is the amount specified in paragraph (5)(a) or (b) reduced by the actuarial valuation described in paragraph 3 of Part II of Schedule 8.

PART HDETERMINATION OF QUESTIONS AND APPEALS

Determination by fire authority

H1.(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire authority.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a)whether a person has been disabled,

(b)whether any disablement is likely to be permanent,

(c)whether any disablement has been occasioned by a qualifying injury,

(d)the degree to which a person is disabled,

(e)whether a person has become capable of performing the duties of a regular firefighter, or

(f)any other issue wholly or partly of a medical nature,

the fire authority shall obtain and consider the written opinion of at least one qualified medical practitioner selected by them.

(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner or practitioners selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—

(a)on such other medical evidence as they think fit, or

(b)without medical evidence,

give such decision on the issue as they may in their discretion choose to give.

Appeal to medical referee

H2.(1) Where—

(a)an opinion of the kind mentioned in rule H1(2) has been obtained, and

(b)within 14 days of his being notified of the fire authority’s decision on the issue the person concerned applies to them for a copy of the opinion,

the authority shall supply him with a copy.

(2) If he is dissatisfied with the opinion he may appeal against it to an independent person nominated by the Secretary of State as medical referee.

(3) A fire authority shall be bound by any decision on a medical issue duly given on an appeal under this rule.

(4) Further provisions as to appeals under this rule are contained in Part I of Schedule 9.

Appeal to Crown Court or Sheriff

H3.(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the fire authority—

(a)do not admit the claim at all, or

(b)do not admit the claim to its full extent,

the authority shall reconsider the case if he applies to them to do so.

(2) If he is dissatisfied with any determination given by the fire authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to paragraph (3), make such order or declaration in the matter as appears to it to be just.

(3) Nothing in paragraph (2) shall be taken to authorise the Crown Court—

(a)to make an order or declaration controlling the exercise of any discretion vested in the fire authority by any provision of this Scheme except rule K5 (withdrawal of pension on conviction),

(b)to reopen any medical issue decided on an appeal under rule H2, or

(c)to question any certificate as to pensionable service which has become conclusive under rule F1(5).

(4) In the case of a person to whom this Scheme applies by virtue of temporary employment falling within rule A4(2)(d), paragraphs (2) and (3) have effect with the substitution for references to the Crown Court of references to an appeal tribunal appointed by the Secretary of State.

(5) Further provisions as to appeal tribunals are contained in Part II of Schedule 9.

(6) Subject to paragraph (4), this rule applies to Scotland with the substitution for the references in paragraphs (2) and (3) to the Crown Court of references to the sheriff having jurisdiction—

(a)in the place where the person in respect of whose service the award or payment is claimed last served as a regular firefighter, or

(b)if this Scheme applies to him by virtue of temporary employment falling within rule A4(2)(a) to (c), in the place where he served as a regular firefighter immediately before entering that employment, or

(c)if his Scheme applies to him by virtue of employment falling within rule A5(2), in the place where the central training institution is situated.

PART ISERVICEMEN

Preliminary

I1.(1) A serviceman is a person who immediately before undertaking relevant service in the armed forces was a regular firefighter.

(2) For the purposes of this Scheme a serviceman is, unless the context otherwise requires or a contrary intention appears, to be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his “forces period”).

Awards to servicemen

I2.(1) This rule applies to a serviceman who at the end of his forces period is permanently disabled.

(2) Subject to paragraphs (3) and (4), rule B3 (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under rule A15 (compulsory retirement on grounds of disablement) at the end of his forces period.

(3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire authority may, in their discretion—

(a)pay him, instead of an ill-health gratuity under rule B3(2)(b), a pension at the rate of 1/12th of his average pensionable pay, and

(b)subject to paragraph (4), increase any such pension, or any ill-health pension payable to him under rule B3(2)(a).

(4) Paragraph 1 of Schedule 10 has effect for limiting increases under paragraph (3)(b) above

Awards on death of servicemen

I3.(1) This rule applies in the case of a serviceman who—

(a)dies during his forces period, or

(b)was permanently disabled at the end of his forces period, has not since been a regular firefighter, and dies either from the effects of an injury that occasioned his incapacity for the performance of duty or while in receipt of a pension.

(2) Subject to paragraphs (3) and (4), where this rule applies—

(a)rule C1 (spouse’s ordinary pension) has effect as if the serviceman had died in the circumstances mentioned in rule C1(1)(b) to (d), and

(b)if the serviceman died during his forces period and no pension is payable under rule C1, rule C7 (spouse’s award where no other award payable) has effect as if he had died in the circumstances mentioned in rule C7(1).

(3) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the fire authority may, in their discretion—

(a)pay the surviving spouse, instead of a gratuity under rule C7(2)(b), a pension of the appropriate amount, and

(b)subject to paragraph (5), increase any such pension and any pension or child’s allowance payable under rule C1 or D1.

(4) The appropriate amount mentioned in paragraph (3)(a) is £379.78 increased as described in rule E9(7) and (8) (flat-rate awards).

(5) Paragraphs 2 and 3 of Schedule 10 have effect for limiting increases under paragraph (3)(b) above.

Servicemen who resume service as regular firefighters

I4.  If as a result of an injury received during his forces period a serviceman who has resumed service as a regular firefighter—

(a)is permanently disabled, or

(b)dies, whether or not while serving as a regular firefighter,

the fire authority may, in relation to any award payable to or in respect of him, exercise the like discretions as are conferred on them by, as the case may be, rule I 2(3) and (4) or rule I 3(3) to (5).

Servicemen who do not resume service in their former brigade

I5.(1) Subject to paragraph (3), a serviceman who does not resume service in his former brigade within one month from the end of his forces period shall be treated for the purposes of the material provisions as having left his former brigade at the end of that period.

(2) The material provisions are those of rules B5 (deferred pension), C5 (limitation on widow’s award), F3 (previous service reckonable without payment), F4 (previous service reckonable on payment), F9(9) (no award where transfer value paid) and G1 (pensionable pay and average pensionable pay) and paragraph 1 of Part IV of Schedule11 (persons serving on 10th July 1956).

(3) The serviceman may apply for the consent mentioned in rule F4(1)(b) (former fire authority’s consent to joining new brigade) within one month from the end of his forces period.

Pensionable service

I6.  For the purposes of rule F2(1) a serviceman shall be treated as having continued during his forces period to serve in his former brigade.

Pension contributions

I7.(1) Subject to paragraph (2), for the purposes of rule G2 a serviceman’s pensionable pay during his forces period is the pay he would have received if he had continued to serve in his former brigade.

(2) A serviceman shall for those purposes be treated as having received no pensionable pay (and accordingly is not liable to pay contributions) in respect of any period during which the total of—

(a)his service pay, and

(b)any payments under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(13),

is less than the pensionable pay described in paragraph (1).

PART JSPECIAL CASES

Guaranteed minimum pensions

J1.(1) This rule applies where a person who is or has been a regular firefighter has a guaranteed minimum in relation to a pension provided by this Scheme by reason of service which is contracted-out employment by reference to the Scheme.

(2) Subject to paragraphs (3) to (7)—

(a)the person is entitled from the date on which he attains state pensionable age to a pension at a weekly rate equal to his guaranteed minimum,

(b)in the case of a man who dies at any time and leaves a widow, she is entitled to a pension at a weekly rate equal to half his guaranteed minimum, and

(c)in the case of a woman who dies at any time and leaves a widower, the widower is entitled to a pension at a weekly rate equal to half of that part of the deceased’s guaranteed minimum which is attributable to earnings factors for the tax year 1988—89 and subsequent tax years.

(3) A pension to which a person is entitled under paragraph (2)(a) is not payable for any period within 5 years after his attaining state pensionable age during which—

(a)he is continuing to serve as a regular firefighter, or

(b)a decision under rule K4 (withdrawal of Part B pension during employment as regular firefighter) taken by the fire authority before he attained state pensionable age has effect.

(4) An entitlement to a pension under paragraph (2)(b) or (c) ceases if the person entitled remarries before attaining state pensionable age.

(5) Where a person is entitled to a pension under any other provision of this Scheme—

(a)a pension under paragraph (2) is payable only if it is greater than the other pension, disregarding any secured portion, and

(b)if a pension under paragraph (2) is paid, only the secured portion, if any, of the other pension is payable.

(6) For the purposes of paragraph (5)—

(a)a pension includes any increase in it under the Pensions (Increase) Act 1971(14), and

(b)in the case of a person entitled to both an injury pension and either an ill-health, ordinary, short service or deferred pension, those pensions shall be treated as one.

(7) In relation to a pension under paragraph (2)—

(a)rule B8 (commutation of small pensions) applies as it applies in relation to a pension under Part B, and

(b)rule K5 (forfeiture) applies as it applies in relation to a pension under Part B or C but as if rule K5(2)(b) were omitted.

(8) A pension under paragraph (2) shall not be reduced or extinguished except as provided in this rule.

Revaluation of guaranteed minimum

J2.(1) This article applies where a person—

(a)has ceased to serve as a regular firefighter, or

(b)has elected under rule G3 not to pay pension contributions,

and has taken a right to a cash equivalent by exercising the option conferred by paragraph 13(2) of Schedule 1A to the Social Security Pensions Act 1975(15) (“the Pensions Act”) wholly or partly in the way specified in paragraph 13(2)(b) (purchase of annuity).

(2) Where this rule applies, to the extent that the person’s guaranteed minimum is otherwise appropriately secured within the meaning of section 52C(4) of the Pensions Act(16)

(a)for the purposes of section 35(2) of that Act (amount of guaranteed minimum) his earnings factors shall be determined by reference to the last order under section 21 of that Act to come into force before the end of the tax year in which he ceased to serve or, as the case may be, in which his election under rule G3 took effect and without reference to any subsequent order, and

(b)the weekly equivalent mentioned in section 35(2) of that Act shall be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 45(1)(b) (exclusion from liability to pay a limited revaluation premium).

Whole-time member of brigade who is not a regular firefighter

J3.(1) This rule applies where a person who is a whole-time member of a brigade but is not a regular firefighter suffers an injury, without his own default—

(a)while in attendance at a fire, and

(b)in the execution of his duties as a member of the brigade.

(2) If the person retires in consequence of the injury, the fire authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

(3) If the person dies from the effects of the injury, either before or after retiring from the brigade, the fire authority may, subject to paragraph (4)—

(a)grant such pension and gratuity as they think fit to any surviving spouse, and

(b)grant such allowance as they think fit to any child, or if the deceased was a woman, to any child who was substantially dependent on her at the time of her death.

(4) The total of—

(a)any benefit under this rule, and

(b)any relevant additional benefit payable to the recipient,

must not exceed the appropriate amount.

(5) An additional benefit is any payment of whatever nature made—

(a)by the fire authority otherwise than under this rule, or

(b)by any other local authority, or

(c)by a Minister of the Crown,

except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975(17); and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

(6) The appropriate amount is—

(a)for a pension or gratuity under paragraph (2), that of the injury pension or gratuity under rule B4,

(b)for a pension or gratuity under paragraph (3)(a), that of the special pension or gratuity under rule C2, and

(c)for an allowance under paragraph (3)(b), that of the special allowance under rule D2,

which would have been payable on the required assumptions.

(7) The required assumptions are—

(a)in every case, that the person was a regular firefighter of the rank of, as the case may be, fireman or firewoman,

(b)where paragraph (2) applies, that the person retired on account of a qualifying injury during the first year of service and that paragraph 2 of Part V of Schedule 2 (reduction of injury pension on account of certain other pensions) did not apply, and

(c)where paragraph (3) applies, that the person died or retired during the first year of service and died from the effects of a qualifying injury.

Part-time member of brigade

J4.(1) This paragraph applies to a person who was a part-time member of a brigade and has retired and is permanently disabled if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

(2) A person to whom paragraph (1) applies shall be treated for the purposes of rules B3 (ill-health award) and B4 (injury award) as having been a regular firefighter falling within the description in paragraph (7), and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (cancellation), K2 (reassessment) and K3 (reduction in case of default) apply accordingly in relation to the awards to which he is thus entitled.

(3) This paragraph applies where a person who is or has been a part-time member of a brigade dies from the effects—

(a)of a qualifying injury, or

(b)of infirmity of mind or body occasioned by a qualifying injury.

(4) Where paragraph (3) applies and the deceased leaves a surviving spouse, the deceased shall be treated for the purposes of rules C2 (spouse’s special award) and C3 (spouse’s augmented award) as having been a regular firefighter falling within the description in paragraph (7), and rules C5 (limitation with reference to date of marriage), C8 (limitation where spouses living apart), C9 (effect of remarriage) and E5 (gratuity in lieu) apply accordingly in relation to awards to which the spouse is thus entitled.

(5) Where paragraph (3) applies and the deceased leaves a child, the deceased shall, subject to paragraph (6), be treated for the purposes of rules D2 (child’s special allowance) and D3 (child’s special gratuity) as having been a regular firefighter falling within the description in paragraph (7), and rules D5 (limitations) and E6 (gratuity in lieu) apply accordingly in relation to awards to which the child is thus entitled.

(6) Where the deceased was a woman paragraph (5) applies—

(a)only in relation to a child who was substantially dependent on her at the time of her death, and

(b)only if the fire authority so decide,

and where it does apply the child’s special allowance is payable at such rate, not exceeding the full rate, as the fire authority from time to time think fit.

(7) The regular firefighter mentioned in paragraphs (2), (4) and (5) is one who—

(a)held the same rank as the part-time member and had the same service in that rank,

(b)was entitled to reckon as pensionable service a period equal to the part-time member’s service as such, and

(c)in respect of any service before 1st April 1980 paid pension contributions at the rate of 6p a week less than 6.75% of his pensionable pay.

Members of brigade other than regular firefighters — supplementary

J5.(1) Part A applies for the interpretation of rules J3 and J4, and Part H, rule K5 (forfeiture) and Part L apply in relation to awards under those rules.

(2) Except as provided in paragraph (1) and in rules J3 and J4, this Scheme does not apply in relation to a member of a brigade who is not a regular firefighter.

Other special cases

J6.  Parts IV and V of Schedule 11 have effect in the cases, and as respects the matters, mentioned in those Parts.

PART KREVISION AND WITHDRAWAL OF AWARDS

Cancellation of ill-health and injury pensions

K1.(1) As long as a person—

(a)is in receipt of an ill-health pension, and

(b)would not, if he had continued to serve as a regular firefighter instead of retiring with an ill-health pension, have become entitled to retire with an ordinary pension, and

(c)if he had continued so to serve, could not have been required to retire on account of age,

the fire authority may, if they wish to excercise the powers conferred by this rule, consider, at such intervals as they in their discretion think proper, whether he has become capable of performing the duties of a regular firefighter.

(2) The fire authority may also consider as mentioned in paragraph (1) in the case of a person who—

(a)has elected under rule G3 not to pay pension contributions, and

(b)is entitled under rule B5 to a deferred pension, and

(c)has begun to receive payments in respect of the pension on becoming permanently disabled.

(3) If on any such consideration it is found that he has become capable of performing the duties of a regular firefighter, the authority may terminate the unsecured portion of his ill-health pension or, in a case falling within paragraph (2), may determine that payment of the deferred pension shall be suspended, that is to say, that the pension shall not be payable in respect of any period before he attains the age of 60.

(4) If within one month after the termination or suspension he presents himself for service in the brigade—

(a)the fire authority shall permit him to resume service forthwith in a rank not lower than the rank he held when he retired with the pension, and

(b)if they do not, the termination or suspension shall be deemed never to have taken effect.

(5) Where the unsecured portion of an ill-health pension is terminated, or payment of a deferred pension is suspended, under this rule—

(a)the secured portion of an ill-health pension is not payable in respect of any period before the person attains state pensionable age,

(b)any injury pension to which he is entitled is also terminated, and

(c)unless he is entitled to a deferred pension, he shall be paid the amount, if any, by which his aggregate pension contributions exceed the amount specified in paragraph (6).

(6) The amount is the total of—

(a)the sums paid in respect of the ill-health pension,

(b)if, one month after the termination, he had a guaranteed minimum in relation to a pension provided by this Scheme, the actuarial value (calculated in accordance with tables prepared from time to time by the Government Actuary) of a pension equal to the guaranteed minimum and beginning at state pensionable age, and

(c)the actuarial value (so calculated) of the secured portion of the ill-health pension, so far as it is payable under paragraph (5).

Reassessment of injury pension

K2.(1) Where a person is in receipt of an injury pension the fire authority shall, at such intervals as they think fit, consider whether the degree of his disablement has substantially altered; if they find that it has, the pension shall be reassessed accordingly.

(2) Where—

(a)the person is not also in receipt of an ordinary, ill-health or short service pension, and

(b)the authority, on consideration under paragraph (1), find that his disability has ceased,

the injury pension is terminated.

(3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the fire authority so resolve.

Reduction of award in case of default

K3.(1) Subject to paragraph (2), where a person—

(a)is permanently disabled, and

(b)has brought about or contributed to his infirmity by his own default,

the fire authority may reduce any ill-health or injury award payable to him by them to not less than half its full amount.

(2) Where—

(a)a pension has been reduced under paragraph (1), and

(b)when the person attains the age of 60 the amount of the reduced pension is less than that of the notional deferred pension,

the amount of the reduced pension shall be increased to that of the notional deferred pension.

(3) The notional deferred pension is the deferred pension that would have been payable if the person had become entitled to one on the date of his ceasing to serve.

Withdrawal of pension during service as regular firefighter

K4.  The fire authority by whom a pension is payable may, in their discretion, withdraw the whole or any part of the pension for any period during which the person entitled to it is serving as a regular firefighter in any brigade.

Withdrawal of pension on conviction of certain offences

K5.(1) Subject to paragraph (4), in the circumstances specified in paragraph (2) the fire authority by whom a pension is payable may withdraw the pension in whole or in part, and permanently or temporarily as they may specify.

(2) The circumstances are—

(a)that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part C that the offence was committed after the death on which the pensioner became entitled to it, or

(b)that the pensioner has been convicted of an offence committed in connection with his service as a member of a brigade which is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a)an offence of treason, and

(b)one or more offences under the Official Secrets Acts 1911 to 1989(18) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) In determining whether the withdrawal of a pension, other than an injury pension, should—

(a)be permanent or temporary, and

(b)affect the pension in whole or in part,

the fire authority may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.

(5) The fire authority may, to such extent as they at any time in their discretion think fit—

(a)apply for the benefit of any dependant of the pensioner's, or

(b)restore to the pensioner,

so much of any pension as has been withdrawn under this rule.

PART LPAYMENT OF AWARDS AND FINANCIAL PROVISIONS

Authorities responsible for payment of awards

L1.(1) An award payable to or in respect of a person by reason of his having been employed as a regular firefighter is payable by the fire authority by whom he was last so employed.

(2) An award payable to or in respect of a person by reason of his having received an injury while employed as a member of a brigade but not as a regular firefighter is payable by the fire authority by whom he was employed when he received the injury.

Expenses and receipts of fire authorities

L2.  Every fire authority shall maintain an account showing all sums received or paid by them under or for the purposes of this Scheme, or in consequence of rights acquired and obligations incurred by them under the 1973 Scheme and previous Firemen’s Pension Schemes.

Payment of awards

L3.(1) While a pension or allowance is payable—

(a)it is payable in respect of each week, and

(b)the fire authority shall discharge their liability in respect of it by making payments in advance at such reasonable intervals as they may determine,

but payment may be delayed to the extent necessary for determining any question as to the liability of the fire authority.

(2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

(3) Where a surviving spouse remarries after receiving a payment in advance in respect of a pension under Part C, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after the remarriage.

(4) Subject to paragraphs (5) to (7), pensions under Part C and allowances under Part D (“survivors' benefits”) are payable from the date of the death.

(5) Subject to paragraphs (6) and (7), in the case of a posthumous child any allowance under Part D is payable from the date of his birth.

(6) Where the deceased—

(a)was in receipt of a pension, and

(b)died during a period in respect of which he had already received it,

no survivors' benefits are payable before the end of that period.

(7) Where the deceased received a gratuity, other than an injury gratuity under rule B4, survivors' benefits are payable from the first anniversary of his death or such earlier date as the fire authority, in the circumstances of the case, think fit.

(8) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—

(a)payment may be delayed to the extent necessary for determining any question as to the liability of the fire authority, and

(b)if the authority are satisfied that it would be to the advantage of the person entitled, they may pay a gratuity in instalments of such reasonable amounts and over such reasonable period as they think fit.

(9) Where a person is entitled under rule B6 to the repayment of his aggregate pension contributions, the fire authority are not obliged to make payment—

(a)until the expiration of a year from the date of his retirement, or

(b)until he requests payment,

whichever is the earlier.

Prevention of duplication

L4.(1) This rule applies where a person is entitled in respect of any particular period to two or more pensions or allowances under this Scheme.

(2) A pension payable—

(a)under rule B9 to the beneficiary of an allocation, or

(b)under rule J1 (guaranteed minimum pensions), or

(c)under rule J3 or J4 (members of brigades other than regular firefighters), or

(d)under rule K1(5)(a) (secured portion of ill-health pension),

is not a pension for the purposes of this rule.

(3) Subject to paragraph (4), where this rule applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

(4) For the purposes of this rule, where a person is entitled—

(a)under rule B4 to an injury pension and also under rule B1, B2, B3 or B5 to an ordinary, short service, ill-health or deferred pension, or

(b)to a pension in respect of service as a member of a brigade and also to a pension as the surviving spouse of such a member,

those pensions shall be treated as one.

Payment of awards — supplementary

L5.(1) Any sum payable to a minor in respect of an award may, if the fire authority think fit, be paid by them to such other person as they may determine, who shall, in accordance with any directions given by the authority, apply it for the minor’s benefit.

(2) If it appears to the fire authority that a person entitled to payment of an award is, by reason of mental disorder or otherwise, incapable of managing his affairs—

(a)they may in their discretion pay the award or any part of it to a person having the care of the person entitled, or such other person as they may determine, and

(b)insofar as they do not pay the award in that manner, they may apply it in such manner as they think fit for the benefit of the person entitled or his dependants.

(3) On the death of a person to whom there was due in respect of an award a sum not exceeding the amount specified in any order for the time being in force under section 6 of the Administration of Estates (Small Payments) Act 1965(19) and apply in relation to the death, the fire authority may, as they think fit, without requiring the production of probate or any other proof of title—

(a)where only one person appears to be beneficially entitled to the personal estate of the deceased, pay the sum to that person, or

(b)in any other case, either pay the sum to one of the persons appearing to be so entitled or distribute it among all or any of them in such proportions as the authority may determine.

(4) An assignment of or charge on an award is void to the extent that—

(a)it is in favour of a person other than a dependant of the person entitled to the award, or

(b)it relates to a sum due in respect of the secured portion of an ordinary, short service, ill-health or deferred pension for a period beyond state pensionable age.

(5) On the bankruptcy of a person entitled to an award the award does not pass to any trustee or other person acting on behalf of the creditors.

(6) Subject to paragraphs (7) to (9), where as a result of fraud, theft or negligence on the part of a regular firefighter in connection with his employment there has been a loss to the funds of a fire authority, the authority may withhold all or part of any sums becoming due to him from the authority in respect of a pension.

(7) The total amount withheld under paragraph (6) must not exceed the amount of the loss; and in the event of any dispute as to the amount of the loss nothing may be withheld unless the loss has become recoverable from the person entitled to the pension under the order of a competent court.

(8) There shall not in any case be withheld—

(a)where a sum is due in respect of a period beyond state pensionable age, any amount in respect of the secured portion of an ordinary, short service or ill-health pension, or

(b)any part of a sum due that is not attributable to service as a member of a brigade.

(9) The fire authority shall provide the person entitled to the award with a certificate showing the amount withheld.

(10) In this rule a reference to an award is a reference to a pension, allowance, gratuity or other award under this Scheme.

(11) In the application of this rule to Scotland—

(a)the reference in paragraph (1) to a minor shall be construed as including a reference to a pupil, and

(b)the references in paragraph (3) to probate and to personal estate shall be construed as references to confirmation and to movable estate respectively.

PART MSUPPLEMENTAL PROVISION

Transitional and other matters

M1.(1) Schedule 12 has effect with respect to transitional and other matters in connection with the coming into force of this Scheme.

(2) Nothing in Schedule 12 is intended to affect the general operation of section 16 of the Interpretation Act 1978(20) (general savings to be implied on a revocation).

Rule A2

SCHEDULE 1INTERPRETATION

PART IGLOSSARY OF EXPRESSIONS

ExpressionMeaning
“Aggregate pension contributions”Construe in accordance with rule A8.
“Amount”In relation to a pension or allowance, its annual amount.
“Appointed day”In relation to England and Wales, 1st April 1948; in relation to Scotland, 16th May 1948.
“Approved scheme”

Superannuation arrangements which—

(a)

are contained in a public general Act of Parliament or were made under such an Act by a Minister of the Crown, or

(b)

are contained in Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978 or were made under such legislation by a Minister of the Crown (including a Northern Ireland Minister) or by a Northern Ireland minis try, department or head of department, or

(c)

are approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988(21) and do not fall within section 591(2)(h) of that Act, or

(d)

provide for the payment of transfer values in respect of persons who become regular firefighters calculated in like manner as under arrangements falling within (a) above.

“Award”A pension, allowance, gratuity or repayment of pension contributions.
“Brigade”A fire brigade maintained under the principal Act.
“Cash equivalent”, “part cash equivalent”The first expression means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 1975(22); the second expression means the cash equivalent of any part of the benefits mentioned in that sub-paragraph which is prescribed under sub-paragraph (2A) (continuation in employment after termination of pensionable service).
“Child”In relation to a person who has died, a legitimate or illegitimate child, step-child or adopted child of his; any other child who was substantially dependent on him and either is related to him or is the child of his spouse.
“Parent”is to be construed accordingly.
“Club scheme”Superannuation arrangements which fall within (a), (b) or (d) of the definition of “approved scheme”.
“Disabled”, “disablement”, “permanently disabled”Construe in accordance with rule A10.
“Eligible person”Construe in accordance with rule G5(2).
“Half-rate service”Construe in accordance with paragraph 1(1) of Part III of Schedule 3.
“Injury”Includes disease.
“Mixed-rate service”Construe in accordance with paragraph 1(2) of Part III of Schedule 3.
“1973 Scheme”The
The Firemen’s Pension Scheme 1973(23).
“Pension”A pension under this Scheme.
“Pensionable pay”, “average pensionable pay”Construe in accordance with rule G1.
“Pensionable service”Construe in accordance with rule F1.
“Personal pension scheme”The meaning given in section 84(1) of the Social Security Act 1986.
“Principal Act”The Fire Services Act 1947(24).
“Qualifying injury”Construe in accordance with rule A9.
“Rank”Includes the post of chief officer or, in Scotland, of firemaster.
“Regular firefighter”

In relation to any time before 1st March 1992, the expression means a regular fireman as defined in article 2 of the 1973 Scheme.

In relation to any time after 29th February 1992, the expression means a whole-time member of a brigade appointed on terms under which he is or may be required to engage in fire-fighting whose appointment is not a temporary one.

“Relevant service in the armed forces”Construe in accordance with rule A12.
“Retire”Construe in accordance with rule A16.
“Retirement date”Construe in accordance with rule G5(3).
“Scheme managers”In relation to a scheme falling within (a) or (b) of the definition of “approved scheme”, the Minister of the Crown or local or other authority or other person administering the scheme; in relation to any other scheme, the person responsible for its management.
“Serviceman”The meaning given in rule I1(1).
“Service pension”An armed forces pension or allowance payable in pursuance of a Royal Warrant or other instrument.
“Surviving spouse”A widow or widower.
“Tax year”The 12 months beginning with 6th April in any year.
“War service”Construe in accordance with paragraph 1 of Part II of Schedule 7.
“Weekly rate”The weekly rate of a pension is its amount divided by 52 1/6th.

PART IIEXPRESSIONS RELATED TO NATIONAL INSURANCE AND SOCIAL SECURITY ACTS

1.  In this Scheme “employed contributor’s employment”, “graduated contribution”, “graduated retirement benefit”, “non-participating employment”, and “payment in lieu of contributions” have the meanings which they had for the purposes of the National Insurance Act 1965(25) immediately before its repeal by the Social Security (Consequential Provisions) Act 1975(26).

2.  In this Scheme any reference to state pensionable age is a reference—

(a)in the case of a man, to the age of 65, and

(b)in the case of a woman, to the age of 60.

3.  In this Scheme any reference to a participating period of relevant employment is a reference to a period of employed contributor’s employment after 5th April 1961 and before state pensionable age other than—

(a)service in the armed forces, and

(b)non-participating employment at the end of which no payment in lieu of contributions fell to be made,

and for the purposes of this paragraph a period of employed contributor’s employment or of non-participating employment shall be treated as having continued during periods of holiday and temporary incapacity for work and similar temporary interruptions.

4.(1) In this Scheme—

(a)any reference to the secured portion of a pension is a reference to the portion of it which equals the assumed graduated retirement benefit, and

(b)any reference to the unsecured portion of a pension shall be construed accordingly.

(2) The assumed graduated retirement benefit is the graduated retirement benefit that would be payable to the pensioner on the assumption that—

(a)he retired from regular employment on attaining state pensionable age,

(b)a payment in lieu of contributions was made in respect of the whole of any period of non-participating employment by virtue of which he is entitled to reckon pensionable service for the purposes of the pension, and

(c)the period was one at the end of which no payment in lieu of contributions in fact fell to be made,

and for the purposes of this paragraph a period of non-participating employment shall be treated as having continued during periods of holiday and temporary incapacity for work and similar temporary interruptions.

5.  For the purposes of this Scheme the annual rate of graduated retirement benefit shall be calculated as if there were 52 1/6th weeks in a year.

6.  In this Scheme “contracted-out employment”, “contracted-out scheme”, “earnings factors”, “guaranteed minimum”, “guaranteed minimum pension” and “contributions equivalent premium” have the meanings which they have for the purposes of the Social Security Pensions Act 1975.

7.  In this Scheme any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable but has not been paid by virtue of regulations under Schedule 2 to the Social Security Pensions Act 1975 dispensing with the payment of such a premium where its amount would be inconsiderable.

8.  In this Scheme any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Department of Social Security as that minimum at that time.

9.  In the case of a person entitled to reckon a period of pensionable service by virtue of service or employment in Northern Ireland or the Isle of Man in respect of which he was subject to superannuation arrangements, this Scheme has effect as if any reference to the National Insurance Act 1946(27), the National Insurance Act 1965 or the Social Security Pensions Act 1975 included a reference to, as the case may be—

(a)any enactment of Tynwald, or

(b)any enactment comprised in Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978,

making provision for corresponding purposes.

SCHEDULE 2PERSONAL AWARDS

Rule B1

PART IORDINARY PENSION

Subject to Parts VII and VIII of this Schedule, the amount of an ordinary pension is—

where—

  • A is the person’s average pensionable pay, and

  • B is the period in years (subject to a maximum of 5 years) by which his pensionable service exceeds 25 years.

Rule B2

PART IISHORT SERVICE PENSION

Subject to Parts VII and VIII of this Schedule, the amount of a short service pension is—

where—

  • A is the person’s average pensionable pay,

  • B is the period in years of his pensionable service up to 20 years, and

  • C is the period in years by which his pensionable service exceeds 20 years.

Rule B3

PART IIIILL-HEALTH PENSION

1.(1) Paragraphs 2 to 5 have effect subject to Parts VII and VIII of this Schedule, and paragraphs 3 and 4 have effect subject to paragraph 5.

(2) In paragraphs 2 to 4, A is the person’s average pensionable pay.

2.  Where the person has less than 5 years' pensionable service, the amount of the ill-health pension is—

where

  • B is the greater of one year and the period in years of his pensionable service.

3.  Where the person has at least 5 but not more than 10 years' pensionable service, the amount of the ill-health pension is—

where

  • C is the period in years of his pensionable service.

4.  Where the person has more than 10 years' pensionable service, the amount of the ill-health pension is the greater of—

and

where—

  • D is the period in years of his pensionable service up to 20 years, and

  • E is the period in years by which his pensionable service exceeds 20 years.

5.(1) Where—

(a)if the person had continued to serve until he could be required to retire on account of age, he would have become entitled to an ordinary or short service pension (“the notional retirement pension”), and

(b)the amount calculated in accordance with paragraph 3 or 4 exceeds the amount of the notional retirement pension,

the amount of the ill-health pension is that of the notional retirement pension.

(2) The notional retirement pension is to be calculated by reference to the person’s actual average pensionable pay.

Rules B2 and B3

PART IVSHORT SERVICE OR ILL-HEALTH GRATUITY

1.  Where the persons pensionable service is less than one year, the amount of the gratuity is that of his aggregate pension contributions.

2.  Where the person’s pensionable service is one year or more, the amount of the gratuity is the greater of—

(a)his aggregate pension contributions, and

(b)1/12th of his average pensionable pay multipled by the period in years of his pensionable service.

3.  Where the person ceased to serve after the beginning of the tax year in which he attains state pensionable age, the gratuity calculated in accordance with paragraph 1 or 2 shall be reduced by the capitalised value, as calculated by the Government Actuary, of any pension paid to him under rule J1 (guaranteed minimum).

Rule B4

PART VINJURY AWARDS

1.(1) The amounts of the injury gratuity and the injury pension shall be calculated by reference to the Table below.

(2) In the headings in the Table references to relevant service are references to service which either was, or would but for an election under rule G3 have been, reckonable as pensionable service.

Table
Percentage disablementGratuity as percentage of average pensionable payPension as percentage of average pensionable pay
Less than 5 years' relevant service5 or more but less than 15 years' relevant service15 ore more but less than 25 years' relevant service25 or more years' relevant service
25 or less (slight disablement)12.515304560
More than 25 but not more than 50 (minor disablement)2540506070
More than 50 but not more than 75 (major disablement)37.565707580
More than 75 (severe disablement)5085858585

2.(1) The amount of a person’s injury pension calculated in accordance with paragraph 1 shall be reduced by three quarters of the amount of any other pension calculated by reference to pensionable service reckonable by virtue of the period of service during which he received the qualifying injury or, where an election under rule G3 had effect, by the amount of any other pension which would otherwise have been so calculated.

(2) For the purposes of sub-paragraph (1) any reduction of the other pension under rule B7 or B9 (commutation and allocation) or under Part VIII of this Schedule shall be disregarded.

3.(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

(2) The additional benefits are—

(a)so much of any disablement pension under section 57 of the Social Security Act 1975(28) (“the 1975 Act”) as relates to the qualifying injury, together with any relevant increase,

(b)so much of any reduced earnings allowance under section 59A of the 1975 Act as relates to the qualifying injury, and

(c)until the material date, any benefit mentioned in sub-paragraph (3), together with any relevant increase.

(3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person’s retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 14 or 15 of the 1975 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 36 of the 1975 Act, and the benefits are—

(a)any sickness benefit under section 14 of the 1975 Act, including one to which he is only entitled by virtue of section 50A of that Act, and

(b)any invalidity pension under section 15 of the 1975 Act, including any additional component comprised in it in pursuance of section 14 of the Social Security Pensions Act 1975, and

(c)any severe disablement allowance under section 36 of the 1975 Act.

(4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

(a)by way of unemployability supplement under section 58 of the 1975 Act, excluding any increase under section 59 in the supplement,

(b)under section 60 of the 1975 Act (special hardship), or

(c)under section 64 or 66 of the 1975 Act (dependants),

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under section 62 of the 1975 Act (hospital treatment).

(5) In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of Chapter III of Part II of the 1975 Act (dependants) is a relevant increase.

(6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed; where the benefit includes an amount attributable to an increase under section 60 of the 1975 Act (special hardship), it is to be assumed that the increase would have borne the same relationship to the former maximum for increases under that section.

(7) Where a person has become entitled to a disablement gratuity under section 57 of the 1975 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 57 of the 1975 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

4.  No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 2 and 3 equal or exceed the amount of the pension calculated in accordance with paragraph 1.

5.(1) This paragraph applies where a person who becomes entitled to an injury pension—

(a)received the qualifying injury during a period of sickness which included 1st April 1972 or ended before 1st July 1973, and

(b)is entitled to reckon less than 5 years' pensionable service,

and the provisions as to calculation and payment that were contained in article 15 (special pensions) of the Firemen’s Pension Scheme 1971(29) (“the 1971 provisions”) would have been more favourable to him than those of paragraphs 1 to 4 above.

(2) Where this paragraph applies—

(a)paragraphs 1 to 4 above do not apply, and

(b)the injury pension shall be calculated and payable as if the 1971 provisions had continued in force and had applied in his case.

Rule B5

PART VIDEFERRED PENSION

1.(1) Paragraph 2 has effect subject to Parts VII and VIII of this Schedule.

(2) In paragraph 2, A is the person’s average pensionable pay.

2.(1) The amount of a deferred pension is the lesser of—

and—

where—

  • B is the amount of the person’s notional retirement pension,

  • C is the period in years of his pensionable service, and

  • D is the period in years of his notional service.

(2) A person’s notional retirement pension is—

where—

  • E is the period in years of his notional service up to 20 years, and

  • F is the period in years by which his notional service exceeds 20 years.

(3) A person’s notional service is the period in years that he would have been entitled to reckon as pensionable service if he had continued to serve until he could—

(a)retire with a maximum ordinary pension (disregarding rule B1(2)), or

(b)be required to retire on account of age,

whichever is the earlier.

Rules B1, B2, B3 and B5

PART VIIREDUCTION OF PENSION AT STATE PENSIONABLE AGE

1.(1) Where, in respect of service as a regular firefighter before 1st April 1980, a person has paid pension contributions at a rate of 6p. a week (or 1s 2d a week) less than the appropriate percentage of his pensionable pay (“reduced contributions”), the unsecured portion of any ordinary, short service, ill-health or deferred pension payable to him shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) Subject to sub-paragraphs (4) to (6), in the case of a person who elected to pay pension contributions at the lower rate under article 38 of the Firemen’s Pension Scheme 1948(30), the annual rate of the reduction is that obtained by multiplying the sum ascertained from the Table below by the length in years of the period of pensionable service in respect of which he paid reduced contributions (“the relevant period”).

TABLE
Age on appointed daySum to be multiplied
£
Under 231.700
231.650
241.600
251.550
261.525
271.500
281.475
291.450
301.425
311.400
321.375
331.350
341.325
351.300
361.300
371.275
381.250
391.250
401.225
411.225
421.200
431.200
44 or over1.175

(3) Subject to sub-paragraphs (4) to (6), in any other case the annual rate of the reduction is that obtained by multiplying £1.70 by the length in years of the relevant period.

(4) This sub-paragraph applies in the case of a person who—

(a)before 1st April 1980 became entitled to reckon pensionable service “the pensionable period”) by virtue of service or employment otherwise than as a regular firefighter in respect of which he was subject to superannuation arrangements (“the former service”), and

(b)was subject to the operation of any regulations made under section 69(4) of the National Insurance Act 1946(31) (“the 1946 Act”) or section 110(1) of the National Insurance Act 1965(32) or of other provisions modifying those superannuation arrangements in connection with the passing of the 1946 Act (“the modifications”), and

(c)is entitled to reckon the pensionable period for the purposes of the pension in question.

(5) Where sub-paragraph (4) applies—

(a)the relevant period shall be increased by the pensionable period, or where only a proportion of the former service would have been taken into account for the purposes of the modifications, by that proportion of the pensionable period, and

(b)if the person was subject to the modifications by virtue of an election made or notice given, the Table in sub-paragraph (2) has effect with the substitution for his age on the appointed day of his age on the date on which the election or notice became effective.

(6) The annual rate of reduction of a pension under this paragraph shall not in any case exceed £51.

2.(1) This paragraph applies in the case of a person in receipt of an ordinary, short service, ill-health or deferred pension who has a period of former service, that is to say service or employment otherwise than as a regular firefighter—

(a)in respect of which he was subject to superannuation arrangements “the relevant arrangements”), and

(b)by reason of which he is entitled to reckon pensionable service for the purposes of the pension, and

(c)the period of which includes a participating period of relevant employment (“the participating period”).

(2) Where this paragraph applies the pension shall be reduced in relation to the participating period as if—

(a)any material provision of the relevant arrangements were, with the necessary adaptations and modifications, contained in this paragraph,

(b)the pension were payable under the relevant arrangements, and

(c)any other period of service or employment by reason of which he is entitled to reckon pensionable service for the purposes of the pension were a period of non-participating employment at the end of which no payment in lieu of contributions falls to be made.

(3) A material provision of the relevant arrangements is one—

(a)which was in operation when the person left the former service, and

(b)the effect of which is that pensions payable under the arrangements are to be reduced in connection with the operation of the National Insurance Act 1959(33) or of any provision of the National Insurance Act 1965 relating to graduated contributions or graduated retirement benefit.

(4) A fire authority, in determining any question arising under sub-paragraphs (1) to (3) relating to a particular service or employment, shall be entitled to treat as conclusive any relevant certificate issued, with the agreement of the person concerned, by his employer in that service or employment.

(5) Where for the purposes of the relevant arrangements the person was entitled to reckon service by reason of some previous service or employment, that previous service or employment shall be treated for the purposes of this paragraph as if it were part of the former service.

3.(1) Where a person is in receipt of an ordinary, short service or ill-health pension for the purposes of which he is entitled to reckon pensionable service by virtue of a period of employment as a regular firefighter which is a participating period of relevant employment (“the participating period”), the unsecured portion of the pension shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) The annual rate of the reduction is that of the graduated retirement benefit which would, on the assumption that the person retired from regular employment on attaining state pensionable age, be payable to him in return for a payment in lieu of contributions in respect of the whole of the participating period, whether or not such a payment was in fact made.

4.(1) Where a person—

(a)is in receipt of the secured portion of an ill-health pension the unsecured portion of which has been terminated in the circumstances mentioned in rule K1, and

(b)is also in receipt of an ordinary, short service, ill-health or deferred pension (“the second pension”) for the purposes of which he is entitled to reckon the period of pensionable service reckonable for the purposes of the ill-health pension,

the unsecured portion of the second pension shall, in respect of any period beyond state pensionable age, be reduced in accordance with this paragraph.

(2) The annual rate of the reduction is that of the secured portion of the ill-health pension.

Rules B1, B2, B3 and B5

PART VIIIREDUCTION OF PENSION RELATED TO UP-RATING OF WIDOW'S PENSION

1.  In this Part “pension” means an ordinary, short service, ill-health or deferred pension and “regular service” means service as a regular firefighter.

2.(1) Subject to sub-paragraph (2), this paragraph applies in the case of a man entitled to reckon pensionable service otherwise than—

(a)by reason of regular service after 31st March 1972, or

(b)by reason of regular service before 1st April 1972, in respect of which he has paid pension contributions at a rate related to 6% of his pensionable pay, or

(c)by virtue of rule F7 (receipt of transfer value).

(2) Where the man was a regular firefighter to whom article 59 or 60 of the 1973 Scheme applied (that is to say, where on 1st July 1973 either he was in regular service or, having retired after 31st March 1972, he was entitled to a pension) and he last paid pension contributions before 1st April 1972 at a rate related to 5% of his pensionable pay, this paragraph does not apply unless—

(a)he elected or agreed, under article 59(2)(b) or (4)(a) or 60(2)(b) of the 1973 Scheme, that his pension be reduced, or

(b)pensionable service became reckonable by him after 29th February 1992 by virtue of rule F4 (previous service reckonable on payment).

(3) Where this paragraph applies the man’s pension shall be reduced by the percentage specified in the second column of the Table in paragraph 5 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a)pensionable service reckonable as mentioned in sub-paragraph (1), and

(b)where (subject to rules F4(5) and F5(2)) he elected under article 58(3) or 59(3) of the 1973 Scheme to pay further contributions or to make further payment by way of a lump sum, pensionable service reckonable by him immediately before 1st July 1973 otherwise than by reason of regular service after 31st March 1972.

3.(1) Subject to sub-paragraph (2), this paragraph applies in the case of a man entitled to reckon pensionable service otherwise than—

(a)by reason of regular service after 31st March 1972, or

(b)by virtue of rule F7.

(2) Where the man was a regular firefighter to whom article 59 or 60 of the 1973 Scheme applied, this paragraph does not apply unless—

(a)he elected or agreed, under article 59(3)(b) or (4)(b) or 60(3)(b) of the 1973 Scheme, that his pension be reduced, or

(b)pensionable service became reckonable by him after 29th February 1992 by virtue of rule F4.

(3) Where this paragraph applies, the man’s pension shall be reduced by the percentage specified in the third column of the Table in paragraph 5 opposite the number of completed years of pensionable service he is entitled to reckon other than pensionable service falling within either or both of the following sub-paragraphs, namely—

(a)pensionable service reckonable as mentioned in sub-paragraph (1), and

(b)where (subject to rules F4(5) and F5(2)) he elected under article 58(2) or 59(2) of the 1973 Scheme to pay additional contributions or to make an additional payment by way of a lump sum, pensionable service reckonable by him immediately before 1st July 1973 otherwise than by reason of regular service after 31st March 1972.

4.  In calculating the amount of a reduction in a pension under paragraph 2 or 3 no account shall be taken of any reduction in the amount of the pension under the other of those paragraphs or under rule B7 or B9 (commutation and allocation) or Part VII of this Schedule.

5.  The following Table is that referred to in paragraphs 2 and 3.

TABLE
Completed years of pensionable service taken into accountPercentage reduction in pension
Under paragraph 2Under paragraph 3
10.20.2
20.40.4
30.60.5
40.80.7
51.00.8
61.20.9
71.31.0
81.41.1
91.61.2
101.71.3
111.81.4
121.91.5
132.11.6
142.21.6
152.31.7
162.41.8
172.51.9
182.62.0
192.72.0
202.82.1
212.92.1
223.02.2
233.12.2
243.22.3
253.32.4
263.42.4
273.42.5
283.52.5
293.52.5
30 or more3.52.5

6.(1) Where a man entitled to an ordinary pension was, immediately before he retired, paying additional or further contributions in pursuance of an election under article 58(2) or (3) of the 1973 Scheme, the annual amount of the ordinary pension shall, for the appropriate period, be reduced by the annual amount of those contributions immediately before his retirement, calculated by reference to his pensionable pay at that time.

(2) The appropriate period is that for which the contributions would have remained payable had the man not retired.

(3) No account shall be taken of any reduction under this paragraph for the purpose of calculating any other reduction in the pension under this Scheme.

SCHEDULE 3AWARDS ON DEATH — SPOUSES

Rule C1

PART ISPOUSE'S ORDINARY PENSION

1.(1) Subject to paragraph 2, the amount of an ordinary pension is the greater of—

(a)half the amount of the base pension described in sub-paragraph (2), and

(b)the amount of a requisite benefit pension calculated in accordance with Part V of this Schedule.

(2) The base pension mentioned in sub-paragraph (1)(a) is—

(a)where rule C1(1)(a) applies, the ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died,

(b)where rule C1(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving,

(c)where rule C1(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it, and

(d)where rule C1(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in rule B7(9) (commutation), rule B9 (12) (allocation) and Parts VII and VIII of Schedule 2 (state pensionable age and uprating of widow’s pensions).

2.  For any period in respect of which the surviving spouse so elects, the amount of the ordinary pension shall be calculated in accordance not with paragraph 1 but with rule E9 (flat-rate award).

Rules C2 and C3

PART IISPOUSE'S SPECIAL PENSION

The weekly amount of a special pension is45% of the deceased’s average pensionable pay for a week.

Rule C4

PART IIISPOUSE'S ACCRUED PENSION

1.(1) For the purposes of this Part half-rate service comprises—

(a)pensionable service reckonable by virtue of service as a regular firefighter after 31st March 1972,

(b)pensionable service reckonable by virtue of rule F7 (receipt of transfer value),

(c)pensionable service reckonable by virtue of rule I6 (servicemen),

(d)any period of pensionable service of less than a year taken into account in making any calculation required as a result of an election under article 58(3) of the 1973 Scheme or in calculating a reduction in pension under paragraph 3 of Part VIII of Schedule 2,

(e)the appropriate fraction of any longer period taken into account in calculating such a reduction,

(f)the appropriate fraction of any pensionable service taken into account in calculating further contributions payable pursuant to an election under article 58(3) of the 1973 Scheme which the deceased was continuing to pay as required by rule G4 immediately before he retired, and

(g)any pensionable service taken into account in calculating a further payment by way of a lump sum made by him pursuant to an election under article 59(3) of the 1973 Scheme.

(2) For the purposes of this Part mixed-rate service comprises—

(a)pensionable service reckonable by virtue of service as a regular firefighter in respect of which the deceased paid contributions at a rate related to 6% of his pensionable pay,

(b)pensionable service falling within sub-paragraph (1)(a) to (c),

(c)any period of pensionable service of less than a year taken into account in making any calculation required as a result of an election under article 58(2), or of one the effect of which was preserved by article 57, of the 1973 Scheme, or in calculating a reduction in pension under paragraph 2 of Part VIII of Schedule 2,

(d)the appropriate fraction of any longer period taken into account in calculating such a reduction,

(e)the appropriate fraction of any pensionable service taken into account in calculating additional contributions payable pursuant to an election under article 58(2), or to one the effect of which was preserved by article 57, of the 1973 Scheme which the deceased was continuing to pay as required by rule G4 immediately before he died, and

(f)any pensionable service taken into account in calculating an additional payment by way of a lump sum made by him pursuant to an election under article 59(3) of the 1973 Scheme.

(3) For pensionable service falling within sub-paragraph (1)(e) or (2)(d) the appropriate fraction is—

where—

  • A is the period of the deceased’s actual service after the material date, and

  • B is the period of actual service he would have had if (irrespective of the date of his death) he had not retired until entitled to an ordinary pension, or until he could have been required to retire on account of age, whichever is the earlier.

(4) The material date is—

(a)for the purposes of sub-paragraph (1)(e), 31st March 1972, and

(b)for the purposes of sub-paragraph (2)(d), 25th August 1966.

(5) For pensionable service falling within sub-paragraph (1)(f) or 2(e) the appropriate fraction is—

where—

  • C is the period during which the contributions were paid, and

    • D is the period specified in sub-paragraph (6).

(6) The period is the greater of—

(a)5 years, and

(b)25 years less the period of pensionable service the deceased was entitled to reckon on the relevant date.

(7) The relevant date is—

(a)where the deceased last served as a regular firefighter before 1st October 1978, the date on which he elected to pay the contributions, and

(b)in any other case, the date from which the contributions became payable.

(8) The periods mentioned in sub-paragraphs (3) and (6)(b) are to be counted in complete years and months.

2.(1) Subject to sub-paragraph (3), the amount of the surviving spouse’s accrued pension is the total of—

(a)1/6th of the deceased’s deferred pension multiplied by the appropriate fraction of his half-rate service, and

(b)1/3rd of his deferred pension multiplied by the appropriate fraction of his mixed-rate service.

(2) The appropriate fraction is—

where—

  • A is the deceased’s half-rate, or, as the case may be, mixed rate service, and

    • B is all the pensionable service he was entitled to reckon.

(3) In calculating the deceased’s deferred pension for the purposes of this paragraph no account shall be taken of—

(a)rule B5(4) (restriction on payment), or

(b)rule B7(9) or B9(12) or Part VII or VIII of Schedule 2 (reduction in various circumstances).

3.(1) Subject to sub-paragraphs (2) and (3), for any period in respect of which a surviving spouse so elects, the amount of the accrued pension shall be calculated in accordance not with paragraphs 1 and 2 but with rule E9 (flat-rate award).

(2) This paragraph does not apply where the pensionable service reckonable in calculating the deceased’s deferred pension was—

(a)if he became entitled to the pension before 6th April 1988, less than 5 years, and

(b)in any other case, less than 2 years.

(3) This paragraph does not apply where an election made by the deceased under rule G3 had effect at the time of his death.

Rule C5(2)

PART IVPENSION FOR WIDOW OF POST-RETIREMENT MARRIAGE

1.(1) Where the widow would otherwise have been entitled to an ordinary pension under rule C1 or a special award under rule C2, the amount of her pension under rule C5 shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part I of this Schedule in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part I has effect—

(a)as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b)where the widow would otherwise have been entitled to a special award under rule C2, as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.(1) Where the widow would otherwise have been entitled to an accrued pension under rule C4, the amount of her pension under rule C5 shall, subject to sub-paragraph (2), be calculated in accordance with Part III of this Schedule in the same way as that of an accrued pension.

(2) For the purposes of this paragraph, paragraph 2 of Part III has effect as if references to the deceased’s deferred pension were references to the greater of—

(a)the appropriate proportion of the deferred pension, and

(b)1/160th of the deceased’s average pensionable pay multiplied by the period in years of so much of his pensionable service as is reckonable by virtue of service or employment after 5th April 1978 (his “relevant pensionable service”).

3.  The appropriate proportion mentioned in paragraphs 1 and 2 is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.

Rules C6 and C8

PART VSPOUSE'S REQUISITE BENEFIT PENSION

The amount of a requisite benefit pension is 1/160th of the deceased’s average pensionable pay multipled by the period in years of so much of his pensionable service as is reckonable by virtue of service or employment after 5th April 1978.

SCHEDULE 4AWARDS ON DEATH — CHILDREN

Rule D1

PART ICHILD'S ORDINARY ALLOWANCE

1.(1) Subject to paragraphs 2 and 3, the amount of an ordinary allowance is the appropriate percentage of the base pension described in sub-paragraph (4).

(2) Where one of the child’s parents is alive—

(a)if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 18.75, and

(b)if 3 or more ordinary allowances are payable, the appropriate percentage is 37.5 divided by the number of allowances.

(3) In respect of any period during which neither of the child’s parents is alive—

(a)if fewer than 3 ordinary allowances are payable in respect of the death, the appropriate percentage is 25, and

(b)if 3 or more ordinary allowances are payable, the appropriate percentage is 50 divided by the number of allowances.

(4) The base pension mentioned in sub-paragraph (1) is—

(a)where rule D1(1)(a) applies, the ill-health pension to which the deceased would have been entitled had he retired with such a pension immediately before he died,

(b)where rule D(1)(b) applies, the ordinary, short service or ill-health pension the deceased was receiving,

(c)where rule D1(1)(c) applies, the ill-health pension which the deceased would have been receiving if he had not ceased to be entitled to it, and

(d)where rule D1(1)(d) applies, the ill-health pension to which the deceased would have been entitled had he retired in circumstances entitling him to such a pension,

disregarding, in each case, the provisions for reduction contained in rule B7(9) (commutation), rule B9(12) (allocation) and Parts VII and VIII of Schedule 2 (state pensionable age and up-rating of widow’s pensions).

2.(1) Where—

(a)the deceased died while entitled to a pension other than a deferred pension, and

(b)a surviving spouse’s ordinary pension is payable, and

(c)in respect of any week the survivors' benefit rate would otherwise exceed the final pension rate,

any children’s ordinary allowances calculated in accordance with paragraph 1 shall be reduced by the factor necessary to secure that the survivors' benefit rate equals the final pension rate.

(2) The survivors' benefit rate is the aggregate of the rates of the spouse’s ordinary pension and the children’s ordinary allowances calculated in accordance with paragraph 1, and the final pension rate is the rate at which the deceased’s pension was last payable, disregarding any reduction in it except a reduction under rule B7(9) (commutation), rule B9(12) (allocation) or paragraph 2 of Part V of Schedule 2 (reduction in injury award).

3.  For any period in respect of which a person to whom a child’s ordinary allowance which would otherwise fall to be calculated in accordance with paragraph 1 is paid so elects, the amount of the allowance shall be calculated in accordance not with paragraph 1 but with rule E9 (flat-rate award).

Rule D2

PART IICHILD'S SPECIAL ALLOWANCE

1.  The amount of a special allowance is the appropriate percentage of the deceased’s average pensionable pay.

2.  Where one of the child’s parents is alive—

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10, and

(b)if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

3.  In respect of any period during which neither of the child’s parents is alive—

(a)if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20, and

(b)if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

Rule D4

PART IIICHILD'S ACCRUED ALLOWANCE

1.(1) Subject to sub-paragraph (2) and to paragraphs 2 to 5 below, the amount of an accrued allowance shall be calculated in accordance with paragraphs 1 and 3 of Part I of this Schedule as if it were an ordinary allowance to which the child was entitled.

(2) Where an election made by the deceased under rule G3 had effect at the time of his death, paragraph 3 of Part I of this Schedule (election for flat-rate allowance) does not have effect for the calculation under this part of an accrued allowance.

2.  Except where paragraph 3 below applies, for the purposes of paragraph 1 above paragraph 1 of Part I of this Schedule has effect with the substitution for references to the base pension of references to the deceased’s deferred pension.

3.(1) This paragraph applies where the deceased was the child’s father and was entitled to reckon pensionable service otherwise than by virtue of—

(a)service as a regular firefighter after 31st March 1972, or

(b)rule I6 (servicemen), or

(c)article 51 or 52 of the 1973 Scheme.

(2) Where this paragraph applies, for the purposes of paragraph 1 above paragraph 1 of Part I of this Schedule has effect with the substitution for references to the base pension of references to the appropriate proportion of the deceased’s deferred pension.

(3) The appropriate proportion is that which his half-rate service bears to his total pensionable service.

4.  In calculating the deceased’s deferred pension for the purposes of paragraph 2 or 3 no account shall be taken of—

(a)rule B5(4) (restriction on payment), or

(b)rule B7(9) or B9(12) or Part VII or VIII of Schedule 2 (reduction in various circumstances).

5.  Where one of the parents is alive and in respect of any week the aggregate of—

(a)the surviving spouse’s accrued pension, and

(b)the accrued children’s allowances,

exceeds the rate at which the deceased’s deferred pension was last payable, or would have been payable if he had attained the age of 60 (“the final pension rate”), the allowances shall be reduced by the factor necessary to secure that the aggregate equals the final pension rate.

Rule D5(6)

PART IVREDUCTION IN CHILD'S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

1.(1) Subject to sub-paragraph (2), this Part applies where a child entitled to an allowance under rule D1, D2 or D4 (“the relevant allowance”)—

(a)is undergoing full-time vocational training within the meaning of rule D5, and

(b)is receiving in respect of that training remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

(2) Where the deceased died or ceased to be a regular firefighter before 10th October 1983, this Part applies only when the child has attained the age of 19.

2.(1) Where this Part applies—

(a)if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the relevant allowance, the allowance shall not be paid, and

(b)in any other case, the amount of the relevant allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraph 1(2)(b) and (3)(b) of Part I and paragraphs 2(b) and 3(b) of Part II of this Schedule, applies—

(a)where sub-paragraph (1)(a) above applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance, and

(b)where sub-paragraph (1)(b) above applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a)no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case, and

(b)the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

3.(1) The specified rate is the annual rate (rounded up to the nearest £1) at which an official pension, within the meaning of the Pensions (Increase) Act 1971(34) (“the 1971 Act”), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1st June 1972 and had then been payable at an annual rate of £250.

(2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 Act.

SCHEDULE 5AWARDS ON DEATH — ADDITIONAL PROVISIONS

Rule E2

PART IADULT DEPENDENT RELATIVE SPECIAL PENSION

1.  Subject to paragraph 2, the amount of the pension—

(a)while a surviving spouse is alive, is 20%, and

(b)in any other case, is 45%,

of the deceased’s average pensionable pay.

2.(1) For any week for which the total of—

(a)any spouse’s special pension, and

(b)any child’s special allowance,

equals or exceeds the amount of the deceased’s average pensionable pay for a week, no dependent relative’s special pension is payable.

(2) For any week for which the total of the special pension and—

(a)any widow’s special pension, and

(b)any child’s special allowances,

would exceed the amount of the deceased’s average pensionable pay for a week, the dependent relative’s special pension shall be reduced so that the total does not exceed that amount.

Rule E5

PART IIGRATUITY IN LIEU OF SURVIVING SPOUSE'S PENSION

1.  The amount of a widow’s gratuity is—

(a)11 times the amount commuted under rule E5, or

(b)such greater amount, not exceeding the permitted amount, as may be agreed between her and the fire authority.

2.  The amount of a widower’s gratuity is such amount, not exceeding the permitted amount, as may be agreed between him and the fire authority.

3.  The permitted amount is the capitalised value of the amount commuted under rule E5, calculated in accordance with tables prepared from time to time by the Government Actuary.

Rule E6

PART IIIGRATUITY IN LIEU OF CHILD'S ALLOWANCE

1.  The amount of the gratuity is such amount, not exceeding the permitted amount, as may be agreed between the fire authority and—

(a)a surviving parent or the child’s guardian, or

(b)if he has neither, the child himself.

2.  The permitted amount is the capitalised value of the amount commuted under rule E6, calculated in accordance with tables prepared from time to time by the Government Actuary.

SCHEDULE 6PENSIONABLE SERVICE AND TRANSFER VALUES

Rules F4 and F5

PART IPAYMENTS IN RESPECT OF PREVIOUS SERVICE

1.(1) Subject to sub-paragraphs (2) to (4), an amount which a person undertakes to pay in accordance with this paragraph shall be paid by such regular instalments as will secure that the whole of the amount has been paid within a period of 5 years and before he could be required to retire on account of age; the instalments are payable to the fire authority by whom he was employed when he gave the undertaking, who may deduct them from his pay.

(2) The person may at any time discharge his liability in whole or part by paying to the fire authority the whole or, as the case may be, a part of the balance then outstanding.

(3) If before he has paid the whole of the amount he—

(a)retires and does not become entitled to an award other than one under rule B6 (repayment of aggregate pension contributions), or

(b)dies,

any balance then outstanding shall be treated as having been paid.

(4) If before he has paid the whole of the amount he retires and becomes entitled to an award other than one under rule B6, the fire authority may deduct the balance then outstanding from payments of any award payable to him.

2.(1) Subject to sub-paragraph (2), the sum referred to in rule F4(3)(c) is A × B × C, where—

  • A is the person’s annual pensionable pay at the time when he again became a regular firefighter,

  • B is the factor ascertained from the Table below by reference to his age at that time, and

  • C is the number of complete years he was entitled to reckon as pensionable service when he retired.

    TABLE
    AgeFactor
    Under 380.0950
    380.0960
    390.0970
    400.0980
    410.0990
    420.1005
    430.1020
    440.1040
    450.1055
    460.1070
    470.1090
    480.1105
    490.1125
    500.1140
    510.1160
    520.1180
    530.1200
    540.1230
    55 and over0.1260

(2) The sum calculated in accordance with sub-paragraph (1) shall be reduced by half of any amount which, if rule F4(1) had applied and a sum had been payable under rule F8 (transfer payments between authorities), would for the purpose of calculating that sum have constituted (CXD) in the formula set out in paragraph 2 of Part III.

Rule F7

PART IISERVICE RECKONABLE ON RECEIPT OF TRANSFER VALUE

1.(1) If the previous scheme is a club scheme, the period reckonable as pensionable service is one equal to the period that would enable the fire authority to pay a transfer value, calculated on the cash equivalent basis, of the same amount as the one received.

(2) A transfer value is calculated on the cash equivalent basis if it is calculated in the manner prescribed under paragraph 14 of Schedule 1A to the Social Security Pensions Act 1975(35) for the calculation of cash equivalents.

(3) In calculating the period any sum representing interest that is included in the transfer value received is not to be taken into account.

2.(1) Subject to paragraph 3, if the previous scheme is not a club scheme the period reckonable as pensionable service is that specified in sub-paragraph (2).

(2) The period is—

where—

  • A is the amount of the transfer value divided by the market level indicator for the month in which the material date occurred,

  • B is any amount in respect of graduated National Insurance modification notified by the scheme managers of the previous scheme,

  • C is 52 times the amount in respect of the person’s guaranteed minimum multiplied by the minimum pension factor,

  • D is 1/45th of the rate of his annual pensionable pay at the material date multipled by the pension factor, and

  • E is 1/90th of the rate of his annual pensionable pay at the material date multiplied by the surviving spouse’s pension factor.

(3) The market level indicator for a month is to be ascertained from tables provided by the Government Actuary by reference to—

(a)the person’s age at the material date, and

(b)the average gross redemption yield on the first working day of the month, ascertained from the FT-Actuaries Share indices published in the Financial Times newspaper, on British Government index-linked stocks redeemable after 5 years or more, assuming inflation at 5 per cent (interpolating where that yield is not an integral percentage).

(4) The amount in respect of the person’s guaranteed minimum is F + G, where—

  • F is so much of his guaranteed minimum as is attributable to service before 6th April 1988, and

  • G is half of so much of it as is attributable to service after 5th April 1988.

(5) The material date—

(a)if the transfer value was received within 12 months after the date on which the person became a regular firefighter, is that date, and

(b)in any other case, is the date on which the transfer value was received.

(6) The factors are to be ascertained from tables provided by the Government Actuary by reference to the person’s age on the material date.

3.  If—

(a)the previous scheme is not a club scheme, and

(b)the person became a regular firefighter before 1st January 1986,

the period reckonable as pensionable service is one calculated as if paragraphs 1 to 4 of Part II of Schedule 9 to the 1973 Scheme and Part III of that Schedule, as in force on 29th February 1992, had continued in force.

Rule F8

PART IIITRANSFER PAYMENTS BETWEEN FIRE AUTHORITIES

1.  Subject to paragraphs 4, 5 and 7, the sum payable is the total of the basic element and the spouse’s element.

2.  The basic element is (A × B) − (C × D), where—

  • A is the annual amount of the deferred pension to which the person would have been entitled had he become entitled to one on retiring from the first brigade (“the notional pension”),

  • B is the pension factor,

  • C is any annual amount by which such a deferred pension would have been reduced at state pensionable age under paragraphs 1 to 3 of Part VII of Schedule 2, and

  • D is the National Insurance factor.

3.  The spouse’s element is E × F, where—

  • E is the annual amount of the accrued pension to which a surviving spouse would become entitled on the death of a person entitled to a deferred pension equal to the notional pension, and

  • F is 4 in the case of a man and 1.1 in the case of a woman.

4.(1) If when he retired from the first brigade the person had a guaranteed minimum in relation to a pension provided by this Scheme, the sum calculated in accordance with paragraphs 1 to 3 is reduced by G × H, where—

  • G is 52.18 times the guaranteed minimum, and

  • H is the minimum pension factor.

(2) If a contributions equivalent premium has been paid in respect of the person and has not been repaid, the sum calculated in accordance with paragraphs 1 to 3 is reduced by the amount of that premium.

5.  If—

(a)the person had undertaken to make payments in accordance with paragraph 1 of Part I, and

(b)not all the instalments had been paid when he retired from the first brigade,

the sum calculated in accordance with paragraphs 1 to 3 is reduced by the actuarial equivalent of the unpaid instalments calculated, in accordance with tables provided by the Government Actuary, by reference to the amount of each instalment, the interval at which instalments were payable and the number of unpaid instalments.

6.  The factors referred to in paragraphs 2 and 4 are to be ascertained from the Table below by reference to the person’s age on retiring from the first brigade.

TABLE
AgeMenWomen
Pension factorNational Insurance factorMinimum pension factorPension factorNational Insurance factorMinimum pension factor
Less than 205.000.251.477.000.502.20
205.050.251.507.050.502.24
215.100.251.537.100.552.28
225.150.301.567.150.602.32
235.200.301.597.200.652.36
245.250.301.627.250.702.40
255.300.351.657.350.752.45
265.350.401.687.400.802.50
275.400.401.717.450.852.55
285.450.451.747.500.902.60
295.500.501.787.550.952.66
305.550.501.817.651.052.71
315.600.551.857.701.152.77
325.650.601.887.801.252.82
335.700.651.927.901.352.88
345.750.701.957.951.452.93
355.800.801.998.051.552.99
365.850.902.028.151.653.05
375.901.002.068.251.753.11
385.951.102.108.351.853.17
396.001.202.148.451.953.24
406.051.302.188.552.103.31
416.101.402.228.652.253.38
426.151.502.268.752.453.45
436.201.602.308.852.653.52
446.251.702.348.952.903.59
456.301.802.399.053.153.66
466.401.902.449.153.403.74
476.502.002.489.253.703.82
486.602.202.539.354.003.90
496.702.402.589.454.353.98
506.802.602.629.554.754.06
516.902.902.679.655.154.15
527.103.202.729.805.604.24
537.303.502.789.956.104.33
547.503.802.8410.106.554.43
557.704.202.9010.307.254.54
568.004.602.9710.507.954.63
578.305.003.0410.758.754.74
588.605.403.1211.059.654.85
599.005.803.2011.4010.654.97
609.506.303.2811.7511.75
619.506.803.3611.7511.75
629.507.403.4411.7511.75
639.508.103.5311.7511.75
649.509.003.6411.7511.75
659.509.5011.7511.75

7.  If payment is not made within 6 months after the person retired from the first brigade, the sum calculated in accordance with paragraphs 1 to 6 is increased by adding to it interest at 9 per cent per annum, compounded with 3-monthly rests, for the period of 3 months beginning on the date of the retirement and for each subsequent complete period of 3 months before the date of payment.

Rule F9

PART IVAMOUNT OF TRANSFER VALUE

1.  A transfer value is calculated on the cash equivalent basis if it is calculated in the manner prescribed under paragraph 14 of Schedule 1A to the Social Security Pensions Act 1975 for the calculation of cash equivalents.

2.  Where—

(a)a transfer value is payable to the scheme managers of a club scheme or a personal pension scheme, or

(b)a transfer value is payable to the scheme managers of an approved scheme which is not a club scheme and none of the service to which it relates is service before 1st October 1990,

and no right to a cash equivalent was acquired, the transfer value is to be calculated on the cash equivalent basis.

3.  Where—

(a)a transfer value is payable to the scheme managers of an approved scheme which is not a club scheme, and

(b)the service to which it relates includes service before 1st October 1990, and

(c)no right to a cash equivalent was acquired,

the amount of the transfer value is the total of A and the greater of B and C, where—

  • A is a notional transfer value, calculated on the cash equivalent basis, in respect of the person’s service after 30th September 1990,

  • B is a notional transfer value, calculated on the cash equivalent basis, in respect of his service before 1st October 1990, and

  • C is a notional transfer payment, calculated in accordance with Part III of this Schedule, in respect of his service before 1st October 1990.

4.  Where—

(a)a transfer value is payable to the scheme managers of an approved scheme which is not a club scheme, and

(b)the service to which it relates includes service before 1st October 1990, and

(c)a right to a cash equivalent was acquired,

the amount of the transfer value is D − E, where—

  • D is the transfer value that would have been payable if paragraph 3 had applied, and

  • E is the amount of the cash equivalent.

5.  Where—

(a)a transfer value is payable to the scheme managers of a personal pension scheme, and

(b)a right to a part cash equivalent was acquired,

the transfer value is to be calculated on the cash equivalent basis but as if the person’s service as a regular firefighter had ended with 5th April 1988.

Rule F6

SCHEDULE 7WAR SERVICE

PART IWAR SERVICE ELECTIONS

1.  A war service election is an election that additional pensionable service is to become, or to be treated as having become, reckonable by virtue of a period of war service.

2.(1) A war service election is to be made by giving written notice to the appropriate fire authority.

(2) The appropriate fire authority is—

(a)the fire authority maintaining the brigade in which the person in relation to whom the additional pensionable service is to be reckonable is serving, or

(b)where he is entitled to a pension, or a surviving spouse’s pension or child’s allowance is payable, or a transfer value or cash equivalent has at any time become payable, the fire authority liable for payment.

(3) The notice must specify whether the additional pensionable service is to be reckonable—

(a)for all purposes except those of calculating a surviving spouse’s pension or child’s allowance, or

(b)for all purposes.

PART IIWAR SERVICE FOLLOWED BY FIRE SERVICE

1.(1) For the purposes of this Part a person’s war service is, subject to sub-paragraph (2), the period of his whole-time service after 2nd September 1939 but before 1st July 1950, while 18 years old or older, in the armed forces of the Crown, in the merchant navy or the mercantile marine, or in any of the women’s services that were specified in Schedule 1 to the Superannuation Act 1946(36).

(2) A person’s war service does not include any period—

(a)in respect of which any non-effective pay or excess remuneration has been received by him and not repaid, or

(b)by virtue of which any armed forces pension or retired pay is payable to him in pursuance of any Royal Warrant or other instrument otherwise than in respect of disablement, or

(c)by virtue of which he is entitled to reckon any period as pensionable service otherwise than under this Part, or

(d)which he has reckoned or had the opportunity to reckon for the purposes of a public service pension scheme within the meaning of section 51(3)(b) of the Social Security Act 1973(37).

(3) For the purposes of sub-paragraph (2)(a)—

(a)“non-effective pay” includes naval, military and air force pensions, retired pay, and gratuities (other than war gratuities to which section 23 of the Finance (No. 2) Act 1945(38) applied), and

(b)“excess remuneration” means, in relation to a retired officer of the armed forces of the Crown who is re-employed in those forces, any service pension drawn in respect of such period of re-employment or any addition to the normal pay attaching to the post in which the officer is re-employed which is granted by reason of the officer’s former employment in those forces,

and a fire authority shall be entitled to rely on a certificate, signed by a duly authorised officer of the Ministry of Defence, that non-effective pay or excess remuneration was, or was not, paid in respect of any period and as to the sufficiency of any repayment.

2.  This Part applies in the case of a person with war service who—

(a)after the end of his war service and before 1st July 1950 served as a member of a brigad1.75e, and

(b)is, or was immediately before his death, entitled to reckon pensionable service by virtue of his service before that date,

and in this Schedule “qualified fireman” means a person in whose case this Part applies.

3.(1) Where this Part applies a war service election may be made by the qualified fireman.

(2) The notice of election must specify the period of war service by virtue of which the additional pensionable service is to be reckonable “the specified period”).

(3) The notice must be given not earlier than 3 months before his intended retirement nor later than 3 months (or such longer period as the fire authority may allow) after his retirement, and if—

(a)he dies while serving as a regular firefighter, or

(b)he retires more than 3 months after the notice was given,

the election does not take effect.

(4) Subject to sub-paragraph (5) and to Part V, where—

(a)an election has taken effect, and

(b)the payment conditions in paragraph 4 are satisfied,

the qualified fireman shall be treated as having been entitled, immediately before his retirement, to reckon as pensionable service for the purposes specified in the notice (“the specified purposes”) a period equal to half the specified period.

(5) Where—

(a)the period specified in the notice is the whole of his war service, and

(b)a shorter period would produce the benefits sought,

the shorter period shall be substituted as the specified period.

4.(1) Subject to sub-paragraphs (8) and (9), the payment conditions are satisfied if the required amount is paid to the fire authority within the appropriate period, or such longer period as the fire authority may allow.

(2) Where the qualified fireman—

(a)has commuted a portion of his pension for a lump sum equal to or greater than the required amount, and

(b)has not been paid the lump sum, and

(c)instructs the fire authority in writing to deduct the required amount from the lump sum,

the required amount is to be treated as having been paid when the instruction was given.

(3) The required amount is—

(a)where the specified purposes are those mentioned in paragraph 2(3)(a) of Part I, the basic amount calculated in accordance with sub-paragraph (4), and

(b)where the specified purposes are those mentioned in paragraph 2(3)(b) of Part I, the total of the basic amount and the additional amount calculated in accordance with sub-paragraph (5) or, as the case may be, sub-paragraphs (5) and (6).

(4) The basic amount is £A + B, where

  • A is one seventh of 0.225 times the number of days of additional pensionable service, and

  • B is interest on A at three and a half per cent per annum, compounded with yearly rests, from 1st July 1950 to the date of payment, or if earlier, the date of the qualified fireman’s death.

(5) Subject to sub-paragraph (6), the additional amount is half the amount by which the actuarial value of the hypothetical pension, calculated in accordance with tables prepared by the Government Actuary, is increased by virtue of the additional pensionable service; the hypothetical pension is the pension that would have been payable to a surviving spouse entitled to such a pension if—

(a)the qualified fireman had died on the date of his retirement, and

(b)rule E8 (increase during first 13 weeks) had not applied.

(6) Where the qualified fireman is, or on retirement will be, entitled to a deferred pension, the additional amount calculated in accordance with sub-paragraph (5) is increased by adding to it interest at three and a half per cent per annum, compounded with yearly rests, from 1st July 1950 to the date of payment or, if earlier, the date of his death.

(7) The appropriate period for payment of the required amount is one of 3 months beginning on the date on which notice of the election was given.

(8) Where the qualified fireman is entitled to a deferred pension which has not come into payment within the appropriate period, the payment conditions are satisfied if the required amount is paid to the fire authority within 3 months after the date on which the pension comes into payment.

PART IIITRANSFEREE'S WAR SERVICE RECKONABLE WITHOUT RECEIPT OF TRANSFER VALUE

1.(1) This Part applies in the case of a person who at the material time—

(a)either was serving as a regular firefighter or had retired with an entitlement to a pension, and

(b)was entitled to reckon pensionable service for the purposes of the Firemen’s Pension Scheme in force at that time by virtue of a period of qualifying service, and

(c)was not entitled under the war service provisions of the scheme applicable to his qualifying service (the “qualifying scheme”) to reckon service for pension purposes by virtue of his qualifying service, but would have been so entitled if he had remained in that scheme until the material time.

(2) The material time—

(a)where the person died or retired before 1st April 1978, is immediately before his death or retirement, whichever is the earlier, and

(b)in any other case, is 1st April 1978.

(3) For the purposes of this Part—

(a)qualifying service is service or employment described in sub-paragraph (6),

(b)the war service provisions of a qualifying scheme are provisions analogous to those of Part II, and those of Part V as they apply to a qualified fireman, and

(c)“war service” has the same meaning as in the war service provisions of the qualifying scheme.

(4) The appropriate fire authority—

(a)may require that any claim that paragraph 1(1)(c) is satisfied, and as to the duration of the person’s war service, be supported by a certificate given by or on behalf of the scheme managers of the qualifying scheme, and

(b)are entitled to rely on such a certificate.

(5) Where this Part would be capable of applying by virtue of more than one period of qualifying service it applies by virtue only of the first such period, and the others are to be disregarded.

(6) Qualifying service comprises—

(a)police service, that is to say, service pensionable in pursuance of the Police Pensions Regulations from time to time in force under sections 1, 3 and 4 of the Police Pensions Act 1976(39);

(b)teaching service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 9 of the Superannuation Act 1972(40), the Teachers' Superannuation (Scotland) Act 1968(41), the Teachers' Superannuation Act 1967(42), the Teachers' Superannuation Act 1965(43), section 102 of the Education (Scotland) Act 1962(44) or under the Teachers' (Superannuation) Act 1925(45), or under a scheme comprised in a Teachers' Superannuation Scheme (within the meaning of section 145(47) of the said Act of 1962) from time to time in force;

(c)National Health Service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 10 of the Superannuation Act 1972, section 67 of the National Health Service Act 1946(46), or section 66 of the National Health Service (Scotland) Act 1947(47).

(d)Local Government service, that is to say, service pensionable—

(i)under the Local Government Superannuation Act 1937(48) (“the 1937 Act”) or the Local Government Superannuation (Scotland) Act 1937(49) or in pursuance of regulations from time to time in force under the Local Government Superannuation Act 1953(50) or section 7 of the Superannuation Act 1972(51) (“the 1972 Act”), or

(ii)under a local Act scheme within the meaning of the 1937 Act or the 1972 Act;

(e)Northern Ireland fire service, that is to say, service pensionable in pursuance of the Firemen’s Pension Scheme from time to time in force under section 10 of the Fire Services (Amendment) Act (Northern Ireland) 1950(52) or section 17 of the Fire Services Act (Northern Ireland) 1969(53) or, as respects the Belfast fire brigade, the scheme so in force under section 13 of the said Act of 1950 or section 26 of the said Act of 1969;

(f)Northern Ireland police service, that is to say, service pensionable in pursuance of an order or regulations from time to time in force under the Constabulary Acts (Northern Ireland) 1922 to 1949(54) or section 25 of the Police Act (Northern Ireland) 1970(55);

(g)service in health and personal social services in Northern Ireland, that is to say, service pensionable in pursuance of regulations from time to time in force under section 61 of the Health Services Act (Northern Ireland) 1948(56), section 67 of the Health Services Act (Northern Ireland) 1971(57) and Schedule 8 thereto, or Article 12 of the Superannuation (Northern Ireland) Order 1972(58);

(h)Northern Ireland teaching service, that is to say, service pensionable in pursuance of a scheme comprised in, or in regulations or rules from time to time in force under, Article 11 of the Superannuation (Northern Ireland) Order 1972 or the Teachers' Superannuation Acts (Northern Ireland) 1950 to 1967(59) or a 1923 Act Scheme (within the meaning of the Teachers' Superannuation Act (Northern Ireland) 1950(60);

(i)Northern Ireland local government service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 2 of the Local Government (Superannuation) Act (Northern Ireland) 1950(61) or Article 9 of the Superannuation (Northern Ireland) Order 1972.

2.  A person in whose case this Part applies may, if the appropriate fire authority consents, make a war service election.

3.(1) Subject to Part V, where an election is made under paragraph 2 to the person making it shall be treated as having been entitled, immediately before his retirement or, as the case may be, his death while serving, to reckon for the purposes of the Firemen’s Pension Scheme in force at that time an additional period of pensionable service equal to the appropriate percentage of his war service.

(2) The appropriate percentage—

(a)where the qualifying service is police service or Northern Ireland police or fire service, is 47.75,

(b)where the qualifying service is National Health service or service in health and personal social services in Northern Ireland or local government service or Northern Ireland local government service, is 35.25, and

(c)where the qualifying service is teaching service or Northern Ireland teaching service, is 34.875.

PART IVTRANSFEREE'S WAR SERVICE RECKONABLE ON RECEIPT OF ADDITIONAL TRANSFER VALUE

1.(1) This part applies in the case of a person—

(a)who at the material time either was serving as a regular firefighter or had retired with an entitlement to a pension, and

(b)who had war service within the meaning of a public service pension scheme, and

(c)in respect of whom there has been paid to the appropriate fire authority a transfer value which took account of service or employment in which he was subject to that scheme, and

(d)who by virtue of that transfer value was at the material time entitled to reckon pensionable service for the purposes of the Firemen’s Pension Scheme in force at that time, and

(e)in respect of whom there has been paid to the appropriate fire authority an additional transfer value calculated by reference to his war service.

(2) Where a transfer value paid was calculated partly by reference to war service and partly by reference to other service, so much of it as is referable to war service shall for the purposes of sub-paragraph (1)(e) be treated as an additional transfer value.

(3) The material time—

(a)where the person died or retired before 1st April 1978, is immediately before his death or retirement, whichever is the earlier, and

(b)in any other case, is 1st April 1978.

(4) The public service pension schemes are the Universities Superannuation Scheme and any occupational pension scheme which—

(a)cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department, and

(b)does not relate to service falling within paragraph 1(6) of Part III.

2.  A person in whose case this Part applies may, if the appropriate fire authority consent, make a war service election.

3.(1) Subject to Part V, where an election is made under paragraph 2 the person making it shall be treated as having been entitled immediately before his retirement, or as the case may be his death while serving, to reckon for the purposes of the Firemen’s Pension Scheme in force at that time an additional period of pensionable service calculated in accordance with sub-paragraphs (2) and (3).

(2) The period is—

where—

  • A is the basic transfer value, and

  • B is his adjusted pensionable emoluments multiplied by 1 1/3rd.

(3) The basic transfer value is the additional transfer value received less any amount representing compound interest, and the adjusted pensionable emoluments are the product of—

(a)the annual value of the emoluments (including averaged emoluments and any element for pensions increase) in relation to which the additional transfer value was calculated, and

(b)the age factor ascertained from the Table below.

TABLE
Age in complicated years on 1st April 1978Factor
400.1009
410.1018
420.1024
430.1031
440.1038
450.1045
460.1058
470.1073
480.1085
490.1099
500.1111
510.1125
520.1150
530.1176
540.1203
550.1229
560.1267
570.1306
580.1345
590.1397
600.1463
610.1465
620.1469
630.1473
640.1478
650.1480
660.1436
670.1392
680.1355
690.1311
700.1267
710.1230
720.1190
730.1144
740.1106
750.1063
760.1019
770.0981
780.0938
790.0900
800.0854
810.0815
820.0775
830.0735
840.0698
850.0661
860.0623
870.0585
880.0554
890.0525
900.0496
910.0467
920.0440
930.0419
940.0398
950.0377
960.0356
970.0342
980.0321
990.0306

PART VSUPPLEMENTARY PROVISIONS

1.(1) This paragraph applies where—

(a)under paragraph 3(3) of Part II the fire authority allow notice of a war service election to be given more than 3 months after the qualified fireman’s retirement but are not satisfied that the delay was due to circumstances beyond his control, or

(b)under paragraph 2 of Part III or paragraph 2 of Part IV they consent to the making of a war service election but are not satisfied that the person’s failure to give notice under article 8 of the Firemen’s Pension Scheme (War Service) Order 1979(62) as modified by article 2(3)(b) of the Firemen’s Pension Scheme (War Service) (Transferees) Order 1986(63) was due to such circumstances.

(2) Where this paragraph applies—

(a)the additional pensionable service becomes reckonable only from the date on which the notice was received, and

(b)in a case falling within sub-paragraph (1)(a) above, paragraphs 5 and 6 below do not apply, and

(c)in a case falling within sub-paragraph (1)(b) above, paragraph 5 below does not apply.

2.(1) This paragraph applies where a qualified fireman dies, leaving a surviving spouse—

(a)while serving and before becoming entitled under paragraph 3 of Part II to make a war service election, or

(b)while so entitled but without having made an election, or

(c)having made an election specifying only the purposes mentioned in paragraph 2(3)(a) of Part I.

(2) This paragraph also applies where a person in whose case Part III or IV applies dies, leaving a surviving spouse—

(a)while serving and without having made an election under the Part in question or under the other provisions referred to in paragraph 1(1)(b) above, or

(b)having made an election specifying only the purposes mentioned in paragraph 2(3)(a) of Part I.

(3) In a case falling within sub-paragraph (1)(a) or (b) above, the surviving spouse may elect that the deceased is to be taken to have made a war service election specifying—

(a)the purposes mentioned in paragraph 2(3)(b) of Part I, and

(b)the period of war service specified in the spouse’s notice of election.

(4) The surviving spouse—

(a)in a case falling within sub-paragraph (1)(c) above may, and

(b)in a case falling within sub-paragraph (2) above may if the appropriate fire authority consent,

elect that the deceased is to be taken to have made a war service election specifying the purposes mentioned in paragraph 2(3)(b) of Part I.

(5) Notice of an election under this paragraph must be given within 3 months, or such longer period as the fire authority may allow, after the death.

(6) In a case falling within sub-paragraph (1) above, in relation to an election under this paragraph, paragraph 3(4) of Part II has effect with the substitution for the reference to the qualified fireman’s retirement of a reference to his death, and paragraph 4 of Part II has effect with the substitution—

(a)for the hypothetical pension described in paragraph 4(5), of the surviving spouse’s pension, and

(b)for the date mentioned in paragraph 4(7), of the date on which notice of the election under this paragraph was given.

3.  For the purposes of Part VIII of Schedule 2 (reduction of pension related to up-rating of widow’s pension) the additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2 above shall be disregarded.

4.(1) This paragraph applies where a qualified fireman or a person in whose case Part III or Part IV applies has died and—

(a)a surviving spouse is entitled under rule C4 to an accrued pension, or

(b)a child is entitled under rule D4 to an accrued allowance,

in the calculation of which there is to be taken into account additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2 above.

(2) Where this paragraph applies Part III of Schedule 3 and Part III of Schedule 4 have effect—

(a)where the deceased had half-rate service not falling within paragraph 1(1)(a) or (c) of Part III of Schedule 3, as if both his half-rate and his mixed-rate service included any additional pensionable service reckonable by virtue of a war service election or an election under paragraph 2 above, and

(b)where that is not the case but he has mixed-rate service, as if his mixed-rate service included any such additional pensionable service.

5.(1) Where a qualified fireman or a person in whose case Part III or IV applies—

(a)has allocated a portion of his pension under rule B9, and

(b)subsequently received an increased pension on account of additional pensionable service reckonable by virtue of a war service election,

neither the amount allocated nor any right to allocate a further portion is affected.

(2) Where a qualified fireman or a person in whose case Part III or IV applies—

(a)has allocated under rule B9 a portion of a short service or deferred pension, and

(b)by virtue of a war service election becomes entitled to reckon a total of at least 25 years' pensionable service, and consequently becomes entitled to an ordinary pension,

the notice of allocation shall be treated as having related to the ordinary pension.

6.  Where a qualified fireman or a person in whose case Part III or IV applies—

(a)became entitled to an ordinary pension on retiring when entitled to reckon less than 30 years' pensionable service and before attaining the age of 55, and

(b)by virtue of a war service election becomes entitled to reckon a total of at least 30 years' pensionable service,

he may give notice of commutation under rule B7 within 3 months after the additional pensionable service became reckonable.

7.(1) This paragraph applies where a qualified fireman or a person in whose case Part III or IV applies—

(a)retired with a deferred pension, and

(b)by virtue of a war service election becomes entitled to reckon a total of at least 25 years' pensionable service, and consequently becomes entitled to an ordinary pension.

(2) If—

(a)the deferred pension had come into payment, and

(b)he had commuted a portion of it under rule B7,

the notice of commutation shall be treated as having related to the ordinary pension.

(3) If—

(a)the deferred pension had not come into payment, but

(b)he had given notice of commutation under rule B7,

the notice does not take effect, but he may give a fresh notice of commutation within 3 months after the date on which the additional pensionable service became reckonable.

8.(1) This paragraph applies where—

(a)a person makes a war service election under Part III or IV, and

(b)the notice of election specifies only the purposes mentioned in paragraph 2(3)(a) of Part I.

(2) Where this paragraph applies—

(a)for the purposes of calculating a surviving spouse’s pension or a child’s allowance his pension shall be taken to be what it would have been if the additional pensionable service had not been reckonable, but

(b)if any of the provisions that were listed in Part III of Schedule 1 to the Firemen’s Pension Scheme (War Service) Order 1979 (provisions, previously revoked subject to savings, for the calculation of the rate of widow’s ordinary pension by reference to husband’s pensionable service) apply in his case, the additional pensionable service counts for the purposes of those provisions.

9.(1) This paragraph applies where—

(a)a person makes a war service election under Part III or IV, and

(b)the notice of election specifies the purposes mentioned in paragraph 2(3)(b) of Part I.

(2) Where this paragraph applies the additional pensionable service calculated in accordance with, as the case may be, paragraph 3 of Part III or paragraph 3 of Part IV is reduced by the applicable percentage.

(3) The applicable percentage—

(a)in the case of a person without any pensionable service reckonable by virtue of service as a member of a brigade before 1st April 1972 (“pre-1972 pensionable service”), or a person with half-rate service, is 10.0, and

(b)in any other case, is 7.5.

(4) In the case of a person without any pre-1972 pensionable service—

(a)Parts I and II of Schedule 11 do not apply, and

(b)for the purposes of Part III of Schedule 3 and paragraph 4 above, the additional pensionable service shall be treated as being half-rate and mixed-rate service.

10.(1) Nothing in this Schedule affects the calculation of a pension payable—

(a)where Part II applies, in respect of a period ending before 1st April 1975, or

(b)where Part III or IV applies, in respect of a period ending before 1st April 1978,

and no payment shall be made in respect of such a period in the case of a pension that would not have been payable but for this Schedule.

(2) Nothing in this Schedule affects the calculation of a transfer value other than one payable in the case of a person who ceased to serve as a member of a brigade after 31st March 1975.

PART VIPAYMENT OF ADDITIONAL TRANSFER VALUES

1.(1) Subject to sub-paragraph (3), this Part applies in the case of a person—

(a)who at the material time was a serving member of, or had retired with an entitlement to a pension from, a public service pension scheme within the meaning of paragraph 1(4) of Part IV (“the 1978 scheme”),

(b)who had ceased to be a member of a brigade before 1st April 1975 but would otherwise have been a qualified fireman within the meaning of article 6 of the Firemen’s Pension Scheme (War Service) Order 1979, and

(c)in respect of whom there became payable by the fire authority to the scheme managers of the 1978 scheme (“the 1978 pension authority”) a transfer value by virtue of which he was at the material time entitled to reckon service for the purposes of that scheme.

(2) The material time—

(a)where the person died or retired from the 1978 scheme before 1st April 1978, is immediately before his death or the retirement, whichever is the earlier, and

(b)in any other case, is 1st April 1978.

(3) In the case of a person who had a period of service—

(a)in which he was a member of a public service pension scheme within the meaning of section 51(3)(b) of the Social Security Act 1973(64) (“the earlier scheme”), and

(b)which was completed before he became a member of a brigade, and

(c)which reckoned as service for the purposes of the 1978 scheme,

this Part does not apply unless it appears to the appropriate fire authority that he has not had, and will not have, any opportunity to reckon war service for the purposes of the earlier scheme.

2.(1) Subject to sub-paragraphs (2) to (5), in respect of a person in whose case this Part applies the appropriate fire authority shall pay the 1978 pension authority an additional transfer value calculated in accordance with paragraph 3.

(2) The 1978 pension authority must have applied to the fire authority for the additional transfer value to be paid, and have certified to them—

(a)that the person was alive on 1st April 1975,

(b)that on payment of the additional transfer value he will be entitled to reckon service for the purposes of the 1978 scheme by virtue of his war service, and

(c)the amount of the relevant pensionable emoluments.

(3) Where the person was on 1st April 1978 a serving member of the 1978 scheme, the relevant pensionable emoluments are those by reference to which a transfer value in respect of him falling to be paid on that date would have been calculated under that scheme.

(4) In any other case, the relevant pensionable emoluments are the total of the pensionable emoluments by reference to which the pension under the 1978 scheme—

(a)was calculated, or

(b)if not in payment, would have been calculated if it had been put into payment on 1st April 1978,

and the pensions increase factor.

(5) The pensions increase factor is the annual amount (if any) by which, by 1st April 1978, the pension—

(a)if in payment, had been increased, or

(b)if not in payment, would have been increased if it had been in payment and had qualified for increases,

under the Pensions (Increase) Act 1971(65).

3.(1) The amount of an additional transfer value is the total of—

and the appropriate interest on that sum.

(2) In sub-paragraph (1)—

  • A is the amount of the emoluments certified under paragraph 2(2),

  • B is the period of the person’s war service expressed in years and a fraction of a year, and

  • C is the age factor ascertained from the Table in paragraph 3(3) of Part IV.

(3) The appropriate interest is interest at 9% per annum, compounded with 3-monthly rests, for each complete period of 3 months after 31st March 1978 and before the date of payment.

SCHEDULE 8PURCHASE OF INCREASED BENEFITS

Rule G6

PART IPAYMENTS

1.(1) In the case of a man, the lump sum mentioned in rule G6(1)(a) is AXB, where—

  • A is the specified number of sixtieths of his average pensionable pay, and

  • B is the percentage of his total pensionable pay during the year ending with the date of the election (“the relevant period”) ascertained from the Table in paragraph 5 by reference to his age on his next birthday after that date and on his retirement date.

(2) For the purposes of sub-paragraph (1)—

(a)any reduction of pay during sick leave or stoppage by way of punishment shall be disregarded, and

(b)if he was in receipt of pensionable pay for part only of the relevant period, his total pensionable pay during the relevant period is his total pensionable pay for that part multiplied by the reciprocal of the fraction of the period which that part represents.

2.  In the case of a woman, the lump sum mentioned in rule G6(1)(a) is the amount determined by the Government Actuary to be appropriate to the additional benefits secured by the election.

3.(1) In the case of a man, the amount for any period of the contributions mentioned in rule G6(1)(b) is A × C, where—

  • A is the specified number of sixtieths of his average pensionable pay, and

  • C is the percentage of his pensionable pay for the period ascertained from the Table in paragraph 5 by reference to his age on his next birthday after the date of the election and on his retirement date.

(2) For the purposes of sub-paragraph (1)—

(a)any reduction of pay during sick leave or stoppage by way of punishment shall be disregarded, and

(b)for any period for which he is for any reason disentitled to pensionable pay, his pensionable pay shall be taken to be what it would have been but for the disentitlement.

4.  In the case of a woman, the rate of the contributions mentioned in rule G6(1)(b) is the rate determined by the Government Actuary to be appropriate to the additional benefits secured by the election.

5.  The following Table is that referred to in paragraphs 1 and 3.

TABLE
Age next birthdayAge on retirement date 60 or overUnder 60
Percentage Lump sumContributionsPercentage Lump sumContributions
2633.901.24
2733.901.29
2833.801.35
2933.801.41
3033.701.48
3127.300.9633.701.56
3226.701.0033.601.64
3326.301.0433.601.73
3426.101.0833.501.82
3526.001.1233.401.92
3626.001.1633.202.03
3726.001.2132.902.15
3825.901.2732.502.28
3925.901.3332.102.42
4025.901.4031.602.57
4125.901.4831.002.74
4225.901.5730.202.94
4325.901.6729.203.18
4425.901.7728.203.48
4525.901.8827.303.85
4625.902.0026.704.30
4725.902.1426.304.84
4825.802.3126.305.49
4925.802.5226.606.28
5025.802.2827.007.34
5125.803.1027.508.91
5225.803.5028.1011.45
5325.804.0228.7016.44
5425.704.7029.20
5525.705.6029.60
5625.706.86
5725.809.05
5825.8013.43
5925.90
6026.00

Rule G8

PART IICALCULATION OF APPROPRAITE AMOUNT

1.  The amount mentioned in rule G8(3) is—

where—

  • A is the number of sixtieths of average pensionable pay specified in the election,

  • B is the length of the period, or the total length of the periods, during which payment had been made, and

  • C is the length of the period during which payment would have been made if payment had been continuous to the date of death or the person’s retirement date within the meaning of rule G5(3).

2.  The amount mentioned in rule G8(5)(b) is—

  • where A and B are the same as in paragraph 2 and D is the length of the period during which payment would have been made if payment had been continuous to the person’s retirement date.

3.  The actuarial valuation mentioned in rule G8(6) is the assessment by the Government Actuary of the extent to which the value of the benefits is increased on account of their being paid before the person’s retirement date.

Rule G8

PART IIIINCREASES BY REFERENCE TO APPROPRAITE AMOUNT

1.  In this Part references to the appropriate amount are to the amount which is the appropriate amount for the purposes of rule G8(1)(a).

2.(1) In the provisions mentioned in sub-paragraph (2) any reference to a pension of a kind provided for in Part B shall be treated as a reference to that pension increased by the appropriate amount.

(2) The provisions are those of—

(a)rule E8 (increase of pensions and allowances during first 13 weeks),

(b)Part I of Schedule 3 (spouse’s ordinary pension),

(c)Part IV of Schedule 3 (pension for widow of post-retirement marriage),

(d)Part I of Schedule 4 (child’s ordinary allowance),

(e)Part III of Schedule 4 (child’s accrued allowance), and

(f)Part III of Schedule 6 (transfer payments).

3.(1) In the provisions mentioned in sub-paragraph (2) any reference to a pension or allowance of a kind provided for in Part C or D shall be treated as a reference to that pension or allowance as increased by virtue of this Part of this Schedule.

(2) The provisions are those of—

(a)rule E5 (gratuity in lieu of surviving spouse’s pension),

(b)rule E6 (gratuity in lieu of child’s allowance),

(c)rule E8,

(d)paragraph 2 of Part I of Schedule 4,

(e)paragraph 5 of Part III of Schedule 4 (child’s accrued allowance), and

(f)Part III of Schedule 6.

4.  A spouse’s pension calculated under paragraphs 1 and 2 of Part III of Schedule 3 or under Part I of Schedule 11 shall be increased by half the appropriate amount.

5.(1) In calculating a child’s ordinary allowance under Part II of Schedule 11 the amounts A and B in paragraph 3 of that Part shall each be increased by the amount obtained by multiplying it by

(2) In calculating a child’s accrued allowance under Part III of Schedule 4 the lengths of the half-rate service and total pensionable service mentioned in paragraph 3(3) of that Part shall each be increased by the period obtained by multiplying it by

(3) In sub-paragraphs (1) and (2) N is the number of sixtieths taken into account in ascertaining the appropriate amount.

SCHEDULE 9APPEALS

Rule H2

PART IAPPEAL TO MEDICAL REFEREE

1.(1) Subject to sub-paragraph (2), written notice of appeal stating—

(a)the grounds of the appeal, and

(b)the appellant’s name and his place of residence,

must be given to the fire authority within 14 days of the date on which he is supplied by them with a copy of the opinion.

(2) Where—

(a)notice of appeal is not given within the period specified in sub-paragraph (1), but

(b)the fire authority are of the opinion that the person’s failure to give it within that period was not due to his own default, they may extend the period for giving notice to such length, not exceeding 6 months from the date mentioned in sub-paragraph (1), as they think fit.

2.(1) On receiving a notice of appeal the fire authority shall supply the Secretary of State with 2 copies of the notice and 2 copies of the opinion.

(2) On nominating the medical referee the Secretary of State shall supply him with a copy of the notice and a copy of the opinion.

3.  On being nominated the medical referee (“the referee”) shall forthwith inform the appellant and the fire authority that he has been nominated; and he shall secure that they are at all material times aware of an address at which communications relating to the appeal may be delivered to him.

4.(1) Subject to sub-paragraph (4), the referee—

(a)shall interview the appellant at least once, and

(b)may interview him or cause him to be interviewed on such further occasions as the referee thinks necessary for the purpose of deciding the appeal.

(2) The referee shall—

(a)appoint, and

(b)give the appellant and the fire authority reasonable notice of,

the time and place for every interview; if he is satisfied that the appellant is unable to travel, the place shall be the appellant’s place of residence.

(3) The appellant shall attend at the time and place appointed for any interview and submit himself at the interview to medical examination by the referee or any person appointed by the referee for that purpose.

(4) If—

(a)the appellant fails to comply with sub-paragraph (3), and

(b)the referee is not satisfied that there was reasonable cause for the failure,

the referee may dispense with the interview required by paragraph 4(1)(a) or, as the case may be, with any further interview, and may decide the appeal on such information as is then available.

(5) Any interview under this paragraph may be attended by persons appointed for the purpose by the fire authority or by the appellant or by each of them.

5.(1) At any time before the interview, or before the last interview if there is more than one, either party may submit to the referee a statement relating to the subject matter of the appeal.

(2) The referee shall—

(a)give the other party such opportunity as he thinks necessary of replying to any such statement, and

(b)take account of the statement and of any reply.

6.  The referee shall deliver to both parties a written statement of his decision on the relevant medical issues.

7.(1) The referee is entitled to such fees and allowances as the Secretary of State may from time to time determine.

(2) The fees and allowances shall—

(a)be paid by the fire authority, and

(b)be treated for the purposes of paragraph 8 as part of the fire authority’s expenses.

8.(1) Subject to sub-paragraphs (2) to (5), the expenses of each party to the appeal shall be borne by that party.

(2) Where the referee—

(a)decides in favour of the fire authority, and

(b)does not otherwise direct,

the fire authority may require the appellant to pay them such sum, not exceeding the referee’s total fees and allowances, as they think fit.

(3) Where the referee—

(a)decides in favour of the appellant, and

(b)does not otherwise direct,

the fire authority shall refund to the appellant the amount specified in sub-paragraph (4).

(4) The amount is the total of—

(a)any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 4, and

(b)if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

(5) For the purposes of sub-paragraphs (2) and (3) any question arising as to whether the referee’s decision is in favour of the fire authority or of the appellant shall be decided by the referee, or in default by the Secretary of State.

9.  Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at his last known place of residence.

Rule H3(5)

PART IIAPPEAL TRIBUNALS

1.  An appeal tribunal shall consist of three persons, including a retired member of a brigade who before he retired held a rank not lower than divisional officer (Grade 1) and—

(a)a barrister or solicitor of at least 7 years' standing, or

(b)in a case where the appellant ceased to perform duties in a Scottish brigade in order to enter the relevant employment (“a Scottish case”), an advocate or solicitor of at least 7 years' standing.

2.(1) The tribunal shall—

(a)determine, and

(b)give the appellant and the Secretary of State (“the parties”) reasonable notice of,

the time and place for the hearing, and any postponed or adjourned hearing.

(2) Each of the parties may—

(a)be represented before the tribunal by counsel, a solicitor, or some other person approved by the tribunal, and

(b)adduce evidence and cross-examine witnesses.

(3) The tribunal shall apply the rules of evidence applicable—

(a)in an appeal to the Crown Court under rule H3, or

(b)in a Scottish case, in an appeal to the sheriff under that rule.

(4) Subject to sub-paragraphs (1) to (3), the tribunal shall determine its own procedure.

3.  Subject to and in accordance with rules of court, an appeal on a point of law from a decision of an appeal tribunal shall lie—

(a)to the High Court, or

(b)in a Scottish case, to the Court of Session.

Rules I2 and I3

SCHEDULE 10SERVICEMEN — INCREASED AWARDS

1.  The total of—

(a)the amount of a pension as increased under rule I2(3)(b), and

(b)the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule B4 had applied.

2.  The total of—

(a)the amount of a pension as increased under rule I3(3)(b), and

(b)the amount of any service pension payable to the spouse in respect of the serviceman,

must not exceed the amount of the special pension to which the spouse would have been entitled if rule C2 had applied.

3.  The total of—

(a)the amount of a child’s allowance as increased under rule I3(3)(b), and

(b)the amount of any service pension payable to or for the child in respect of the serviceman,

must not exceed the amount of the special allowance to which the child would have been entitled if rule D2 had applied.

SCHEDULE 11SPECIAL CASES

Rule C1(2)

PART ISPOUSE'S AWARDS

1.(1) Paragraphs 2 to 6 have effect for the calculation of a surviving spouse’s ordinary pension where—

(a)on 1st July 1973 the deceased was serving as a regular firefighter or was entitled to a pension other than a deferred pension, and

(b)no election under paragraph 2 of Part I of Schedule 3 (flat-rate pension) has effect, and

(c)no payments election was made.

(2) A payments election is an election under article 58, 59 or 60 of the 1973 Scheme made—

(a)where before 1st April 1972 he last paid pension contributions at a rate related to 5% of his pensionable pay, for the purpose of avoiding the application of paragraphs 2 and 3 of Part II of Schedule 2 to the 1973 Scheme, and

(b)in any other case, for the purpose of avoiding the application of paragraph 3 of that Part.

2.(1) Subject to sub-paragraph (2), where before 1st April 1972 the deceased last paid pension contributions at a rate related to 5% of his pensionable pay the amount of the spouse’s ordinary pension is half the amount specified in paragraph 4(1).

(2) The amount payable in respect of any week shall not be less than it would have been if the weekly amount of the pension had been calculated as provided in Scheme II of Part II of Schedule 2 to the Firemen’s Pension Scheme 1971(66).

3.(1) Subject to sub-paragraph (2), where paragraph 2 above does not apply the amount of the spouse’s ordinary pension is—

where—

  • A is the amount of the deceased’s pension or notional pension, and

  • B is the amount specified in paragraph 4(1).

(2) Except where the deceased was in receipt of an ordinary or short service pension, the amount of the spouse’s ordinary pension shall not be less than half the amount specified in paragraph 5(1).

4.(1) The amount mentioned in paragraphs 2(1) and 3(1) is the difference between—

where—

  • C is the deceased’s average pensionable pay,

  • D is, subject to paragraph 6, his pensionable service up to 20 years, and

  • E is, subject to paragraph 6, any excess of his pensionable service over 20 years,

and an amount calculated in the same way but by reference only to pre-1972 pensionable service.

(2) In this paragraph and in paragraph 5 “pre-1972 pensionable service” means pensionable service reckonable otherwise than—

(a)by virtue of service as a regular firefighter after 31st March 1972, or

(b)by virtue of article 51 or 52 of the 1973 Scheme where the conditions in article 51(1) or, as the case may be, 52(1) were satisfied after 30th June 1973, or

(c)where the conditions in rule F4(1) or (3) were satisfied after 30th June 1973 or those in rule F4(4) and (5) were satisfied after 31st December 1973, by virtue of rule F4 (unless, having given written notice of his intention to do so, he retired for the purpose of joining another brigade), or

(d)by virtue of rule F7.

5.(1) The amount mentioned in paragraph 3(2) is that of the deceased’s ill-health or notional pension calculated in accordance with Part III of Schedule 2 but—

(a)by reference to his weighted relevant pensionable service where it does not exceed 20 years, or

(b)where his weighted relevant pensionable service exceeds 20 years, by reference, subject to paragraph 6, to the total of his relevant pensionable service and half his pre-1972 pensionable service,

instead of by reference to his pensionable service.

(2) For the purposes of this paragraph—

(a)the deceased’s relevant pensionable service is his pensionable service other than pre-1972 pensionable service, and

(b)his weighted relevant pensionable service is what his relevant pensionable service would be if so much of it as exceeds the relevant period were counted twice, the relevant period being the period, if any, by which his pre-1972 pensionable service falls short of 20 years.

6.  Where the deceased’s pensionable service exceeds 30 years, the excess is to be deducted—

(a)for the purposes of paragraph 4, from his pensionable service and from his pre-1972 pensionable service, and

(b)for the purposes of paragraph 5, except that of determining his relevant pensionable service, from his pre-1972 pensionable service.

Rule D1(2)

PART IICHILDREN'S AWARDS

1.  This Part has effect for the calculation of a child’s ordinary allowance where—

(a)the deceased was the child’s father,

(b)on 1st July 1973 he was serving as a regular firefighter or was entitled to a pension other than a deferred pension, and

(c)no payments election (within the meaning of paragraph 1 of Part I of this Schedule) was made.

2.  The amount of an ordinary allowance is the appropriate percentage (within the meaning of paragraph 1 of Part I of Schedule 4) of the amount described in paragraph 3 below.

3.  The amount mentioned in paragraph 2 is the difference between (A + B) and C, where—

  • A is 1/60th of the deceased’s average pensionable pay multiplied by the period in years of his pensionable service up to 20 years,

  • B is 2/60ths of his average pensionable pay multiplied by the period in years by which his pensionable service exceeds 20 years, and

  • C is (A + B) calculated by reference only to pre-1972 pensionable service (within the meaning of paragraph 4 of Part I of this Schedule),

but where the deceased’s pensionable service exceeds 30 years the excess is to be deducted—

(a)from his pensionable service in calculating A and B, and

(b)from his pre-1972 pensionable service in calculating C.

Rule A7(3)

PART IIICALCULATION OF PENSIONABLE SERVICE WHERE PERSON CEASED TO SERVE BEFORE 1ST MAY 1975

1.  Except where Part IV of this Schedule applies, for the purposes of Part I of Schedule 2 the period in years by which a period exceeds 25 years shall be computed in completed half-years.

2.(1) For the purposes—

(a)of Parts I and II of Schedule 2 where Part IV of this Schedule applies,

(b)of paragraphs 2 and 3 of Part III of Schedule 2,

(c)of Part IV of Schedule 2,

(d)of Part VI of Schedule 2 where Part IV of this Schedule applies,

(e)of paragraph 1(2) of Part VII of Schedule 2, and

(f)of paragraph 6 of Part I of this Schedule,

a period shall be computed in completed years.

(2) For the purposes—

(a)of Part II of Schedule 2, except where Part IV of this Schedule applies,

(b)of paragraph 4 of Part III of Schedule 2,

(c)of Part VI of Schedule 2, except where Part IV of this Schedule applies, and

(d)of paragraph 4(1) of Part I of this Schedule,

a period shall be computed in completed years, except that the period in years by which a period exceeds 20 years shall be computed in completed half-years.

(3) For the purposes of paragraph 5 of Part I of this Schedule a period shall be computed in completed years, except that—

(a)half the deceased’s pre-1972 pensionable service shall for the purposes of paragraph 5(1)(b), and

(b)the period in excess of the relevant period shall for the purposes of paragraph 5(2)(b),

be computed in completed half-years.

(4) For the purposes—

(a)of paragraph 2 of Part III of Schedule 3, and

(b)of paragraph 3 of Part III of Schedule 4,

a period shall be computed in completed years, except that insofar as a period exceeds 20 years it shall be computed in completed half-years.

3.  Where a period is to be computed in completed years a part of a year shall be ignored, and where a period is to be computed in completed half-years—

(a)a part of a year less than a half shall be ignored, and

(b)a part of a year exceeding a half shall be treated as a half.

Rule J6

PART IVMODIFICATION FOR PERSONS SERVING ON 10TH JULY 1956

1.(1) Subject to sub-paragraph (2), this Part applies in the case of a person—

(a)to whom immediately before 1st March 1992 Part XII of the 1973 Scheme applied (certain persons who were serving or in receipt of ill-health pensions on 10th July 1956), or

(b)who has since resumed service in circumstances (previous service becoming reckonable under rule F3 or F4) in which that Part would have become applicable.

(2) A person—

(a)who had ceased to serve as a regular firefighter before 1st July 1973, and

(b)to whom this Part has become applicable as mentioned in sub-paragraph (1)(b),

may, within 3 months after the date of his resumption of service (“the relevant date”), by giving written notice to the fire authority elect that this Part is to be treated as not having become applicable.

(3) Where a person elects as mentioned in sub-paragraph (2)—

(a)he shall within 3 months after the relevant date pay the arrears of pension contributions resulting from the election,

(b)paragraphs 2(1)(a) and 3(1)(a) of Part VIII of Schedule 2, paragraph 1(1)(a) and (4)(a) of Part III of Schedule 3 and paragraph 3(1)(a) of Part III of Schedule 4 have effect as if the references to 31st March 1972 were references to the day before the relevant date, and

(c)for the purposes of paragraph 1 of Part I and paragraph 1 of Part II of this Schedule any entitlement to an ill-health pension on 1st July 1973 shall be disregarded.

2.  Where this Part applies this Scheme has effect with the modifications set out in paragraphs 3 to 22.

3.  For the words “average pensionable pay”, wherever they occur except in Part V of Schedule 3, substitute “pensionable pay”.

4.  Omit rule B1(1)(a).

5.  In rule B3(2)(a) for the words “Part III of Schedule 2” substitute “Part II of Schedule 2”, and in Part II of Schedule 2 as so applied for the words “Parts VII and VIII of this Schedule” substitute “Part VII of this Schedule”.

6.  In rule C1—

(a)for paragraph (2) substitute:

(2) Where this rule applies the surviving spouse is entitled to an ordinary pension calculated in accordance with Part I of Schedule 3., and

(b)omit pararaphs (3) to (6).

7.  In rule C4(3) for the words after “in accordance with” substitute “Scheme I in Part I of Schedule 3”.

8.  In rule C5(2) for the words “Part IV of Schedule 3” substitute “Part V of Schedule 3”.

9.  In rule C6—

(a)for paragraph (2) substitute:

(2) Where this rule applies the widow is entitled to a requisite benefit pension., and

(b)omit paragraph (3).

10.  Omit rule C7(2)(a).

11.  In rule D4(2) for the words “Part III of Schedule 4” substitute “Part I of Schedule 4”.

12.  In rule E8 omit paragraphs (1) to (4).

13.  For rule G1(3) to (6) substitute:

(3) For the purpose of calculating benefits under this Scheme the pensionable pay of a regular firefighter is, subject to paragraphs (4) and (5), his annual pensionable pay on his last day of service as a regular firefighter (“the relevant date”).

(4) Subject to paragraph (5), where during the period of 3 years ending with the relevant date (“the relevant period”) his rank has changed, his pensionable pay is his average annual pensionable pay for that period.

(5) Where during the relevant period—

(a)he reverted to a rank from which he had been temporarily promoted (whether before or during that period), or

(b)his last change of rank was a promotion,

and the application of paragraph (4) would produce a lower figure, paragraph (3) applies as if he had not been promoted and paragraph (4) does not apply.

14.  In rule G2(1) for “11%” substitute “7.75%”.

15.  Omit rule G4.

16.  In rule I3(4) for “£379.78” substitute “£284.83”.

17.  For Parts I to III of Schedule 2 substitute:

PART IORDINARY PENSION

1.  Subject to paragraph 2 and to Part VII, the amount of an ordinary pension is the total of—

(a)30/60ths of the person’s pensionable pay, and

(b)2/60ths of his pensionable pay multiplied by the period in years by which his pensionable service exceeds 25 years.

2.  The amount of the pension is not to exceed the maximum ascertained from the Table below.

TABLE
Age at retirementMaximum pension expressed in 60ths of pensionable pay
Under 5130
5132
5234
5336
5438
55 or over40
PART IISHORT SERVICE OF ILL-HEALTH PENSION

1.  Subject to paragraph 2 and to Part VII, the amount of a short service or ill-health pension is the total of—

(a)1/60th of the person’s pensionable pay multiplied by the period in years of his pensionable service up to 20 years, and

(b)2/60ths of his pensionable pay multiplied by the period in years by which his pensionable service exceeds 20 years.

2.  The amount of the pension is not to be less than 1/60th nor more than 40/60ths of the person’s pensionable pay..

18.  Omit Part VIII of Schedule 2.

19.  For Part I of Schedule 3 substitute:

PART ISPOUSE'S ORDINARY OR ACCRUED PENSION

1.(1) The amount—

(a)of an accrued pension, and

(b)of an ordinary pension where the deceased had less than 10 years of pensionable service,

is to be calculated in accordance with Scheme I; where the deceased had at least 10 years' pensionable service, the amount of an ordinary pension is to be calculated in accordance with Scheme I, Scheme II or Scheme III, whichever yields the largest amount.

(2) Schemes I, II and III are set out in, respectively, paragraphs 2, 3 and 4 below.

Scheme I

2.(1) The amount of the pension is—

(a)if the deceased’s last rank was not higher than sub-officer, £284.83,

(b)if it was higher than sub-officer but not higher than divisional officer (Grade 1), £370.90, and

(c)if it was higher than divisional officer (Grade 1), £454.55,

increased, in each case, in accordance with sub-paragraph (2).

(2) The amount specified in, as the case may be, sub-paragraph (1)(a), (b) or (c) (“the basic rate”) shall be increased to an amount equal to the annual rate (rounded up to the nearest penny) at which the pension would for the time being be payable if it had been an official pension, within the meaning of the Pensions (Increase) Act 1971 (“the 1971 Act”), which began, and first qualified for increases under the 1971 Act, on 30th June 1978 and was then payable at the basic rate.

(3) In calculating an increased amount under sub-paragraph (2) any increase that would have occurred under the 1971 Act in respect of a period beginning before 12th November 1979 shall be disregarded.

Scheme II

3.  The amount of the pension is the amount which, when added to any widow’s benefit or retirement pension payable under the Social Security Acts 1975(67) in right of the deceased’s insurance produces a total weekly rate equal to the percentage of the deceased’s average pensionable pay for a week ascertained from the Table below.

TABLE
Years of pensionable service completed by deceasedPercentage
10 to 145.0
15 to 197.5
20 to 2410.0
25 to 2912.5
30 or more16.0
Scheme III

4.  The amount of the pension is that of a requisite benefit pension calculated in accordance with Part V of this Schedule.

20.  Omit Part III of Schedule 3.

21.  For Part I of Schedule 4 substitute:

PART ICHILD'S ORDINARY OR ACCRUED ALLOWANCE

The amount of the ordinary or accrued allowance is what it would have been if rule E9(4) to (8) had applied..

22.  Omit Part III of Schedule 4.

Rule J6

PART VAPPLICATION TO PERSONS AFFECTED BY LOCAL GOVERNMENT REORGANISATION OR COMBINATION SCHEME

1.  In this Part, which applies in relation to changes of brigade and loss of employment occurring before as well as after the commencement of this Scheme, “relevant instrument” means—

(a)an order under Part VI of the Local Government Act 1933(68), Part II of the Local Government Act 1958(69) or section 85 of the London Government Act 1963(70), or

(b)a scheme under section 5, 6 or 9 of the principal Act or, in Scotland, an order under section 36(8) of that Act.

2.(1) This paragraph applies in the case of a person who was a member of a brigade (“the first brigade”) and has by virtue of a relevant instrument become a member of another brigade (“the second brigade”).

(2) Where this paragraph applies—

(a)this Scheme has effect as if the second brigade and the fire authority maintaining it were, respectively, the first brigade and the authority maintaining the first brigade, and

(b)if in the first brigade the person held the rank of assistant divisional officer or a higher rank and he has suffered a reduction in rank attributable to the relevant instrument, rule A13 (compulsory retirement on account of age) has effect as if he had not suffered the reduction in rank, unless by giving written notice to the fire authority he otherwise elects.

3.(1) This paragraph applies in the case of a person who has sufferred loss of employment as a regular firefighter which is attributable to a relevant instrument.

(2) Where this paragraph applies—

(a)this Scheme has effect as if when he suffered the loss of employment he had retired after giving due notice of retirement to the fire authority and, if they agree, as if the notice had been given with their permission, and

(b)if before the end of his resettlement period he has become a regular firefighter in another brigade, rule F2 (current service) has effect as if he had been a member of that brigade immediately after suffering the loss of employment.

(3) A person’s resettlement period is—

(a)where the loss of employment occurred before he had attained the age of 45, the period of 13 weeks beginning with the week after that in which the loss occurred, and

(b)in any other case, that period of 13 weeks extended by an additional week for each year by which his age when the loss occurred exceeded 45, but not by more than 13 such weeks.

4.(1) This paragraph applies in the case of a person who was a member of a brigade and has by virtue of the London Government Act 1963 or a relevant instrument become a member of another brigade, if—

(a)Part IV of this Schedule applies in his case, and

(b)his last change of rank during the period of 3 years ending with his last day of service as a regular firefighter was a reduction in rank attributable to that Act or a relevant instrument, and

(c)his average pensionable pay during that period was less than his pensionable pay at the end of it.

(2) Where this paragraph applies, rule G1 (pensionable pay) as modified by paragraph 13 of Part IV of this Schedule has effect as if paragraphs (4) and (5) were omitted.

Rule M1

SCHEDULE 12TRANSITIONAL AND OTHER MATTERS

1.(1) The revocation by article 2(1) of the Firemen’s Pension Scheme Order 1992 (“the 1992 Order”) of the orders specified in Part I of Schedule 1 to the 1992 Order “the Part I Orders”) and the re-enactment in this Scheme, by virtue of article 2(2), of provisions that were contained in or required to be construed as one with the 1973 Scheme (“1973 provisions”), shall not, except in so far as 1973 provisions are re-enacted with modifications, be taken to affect the continuity of the law, and accordingly—

(a)any reference in this Scheme to, or to things done or falling to be done under or for the purposes of, any provision of this Scheme is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding 1973 provision had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision, and

(b)where a period of time specified in a 1973 provision is current at the commencement of this Scheme, this Scheme has effect as if the corresponding provision of this Scheme had been in force when that period began to run.

(2) Sub-paragraph (1)—

(a)has effect subject to any express provision to the contrary, and to paragraph 2 (protected benefits), and

(b)does not mean that the provisions of this Scheme apply to cases to which the corresponding 1973 provisions did not apply by virtue of transitional provision made in connection with the commencement of any of the Part I Orders.

2.(1) Where—

(a)a provision of this Scheme (“the new provision”) re-enacts a 1973 provision with any modification, and

(b)a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the 1973 provision had continued to have effect,

he may, by giving written notice within 3 months after 1st March 1992 to the fire authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the 1973 provision without modification.

(2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before 1st March 1992 ceased to be a member of a brigade or died.

3.(1) The revocation by article 2(1) of the 1992 Order of a transitional provision relating to the coming into force of a 1973 provision re-enacted in this Scheme does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.

(2) The revocation by article 2(1) of the 1992 Order of the Part I Orders and the orders specified in Part II of Schedule 1 to the 1992 Order (“the Part II Orders”) does not affect—

(a)the previous operation, or

(b)so far as they remain capable of having effect, the operation,

of the savings subject to which the Part II Orders were previously revoked or, in relation to provisions that were given continued effect by those savings, of the Part I Orders and the Part II Orders in so far as they varied those provisions.

4.  Any document made, served or issued after 29th February 1992 which includes a reference to a 1973 provision is to be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Scheme.

(12)

1988 c. 1; section 590C was inserted, and section 594 amended, by the Finance Act 1989 (c. 26), section 75 and Schedule 6 paragraphs 4 and 6.

(15)

1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.

(16)

Section 56C was inserted by the Social Security Act 1985, Schedule 1, paragraph 2, and amended by the Social Security Act 1986, Schedule 10, paragraph 26.

(21)

1988 c. 1.

(22)

1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.

(23)

Brought into operation by S.I. 1973/966; amended by the other instruments listed in Part I of Schedule 1 to the Firemen’s Pension Scheme Order 1992.

(28)

1975 c. 14, amended, as respects the provisions mentioned in this paragraph by the Social Security Pensions Act 1975 (c. 60), section 18(1) and Schedule 4, Part I; by the Child Benefit Act 1975 (c. 61), Schedules 4 and 5; by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), sections 5 and 22 and Schedule 2; by the Social Security Act 1979 (c. 18), Schedules 1 and 3; by the Social Security Act 1980 (c. 30), Schedules 1 and 5; by the Social Security (No. 2) Act 1980 (c. 39), section 3; by the Social Security and Housing Benefits Act 1982 (c. 24), section 39, Schedule 2, Schedule 4 Part I and Schedule 5; and by the Social Security Act 1986 (c. 50), Schedule 3.

(29)

See S.I. 1971/145.

(30)

See S.I. 1948/604.

(35)

1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.

(36)

1946 c. 60; Schedule 1 was repealed by the Superannuation Act 1965 (c. 74), section 104 and Schedule 11.

(38)

1945 c. 13; section 23 was repealed by the Income Tax Act 1952 (c. 10). (N.I.); 1963 c. 7 (N.I.); 1967 c. 3 (N.I.), partially repealed with savings by Article 23 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073) (N.I. 10).

(59)

1950 c. 33 (N.I.); 1951 c. 28 (N.I.) (in part); 1956 c. 22 (N.I.); 1963 c. 7 (N.I.); 1963 c. 3 (N.I.), partially repealed with savings by Article 23 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073) (N.I. 10).

(66)

Brought into operation by S.I. 1971/145.

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