The Firefighters’ Compensation Scheme (England) (Amendment) Order 2006

1.  In Part 1 (general provisions)—

(a) in rule 2(1) (interpretation)—

(i) omit the definitions of “Pension Scheme”, “pensionable pay” and “pensionable service”, “retained firefighter” and “volunteer firefighter”;

(ii) after the definition of “the 2004 Act”, insert the following definitions—

““the 1992 Scheme” means the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(1);

“the 2006 Scheme” means the New Firefighters’ Pension Scheme (England), set out in Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006(2)””;

(iii) in the definition of “average pensionable pay”, for “the Pension Scheme”, substitute “the 1992 Scheme”; and

(iv) insert, in the appropriate places, the following definitions—

“ “final pensionable pay” shall be construed in accordance with rule 2 of Chapter 1 of Part 11 of the 2006 Scheme;

“normal benefit age” has the meaning given by rule 3(2) of Part 2 of the 2006 Scheme;

“pensionable pay”—

(a)

in relation to the 1992 Scheme, shall be construed in accordance with rule G1 of that Scheme;

(b)

in relation to the 2006 Scheme, shall be construed in accordance with rule 1 of Part 11 of that Scheme;

“pensionable retained service”, in relation to a retained or volunteer firefighter, means the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay;

“pensionable service”—

(a)

in relation to the 1992 Scheme, shall be construed in accordance with rule F1 of that Scheme;

(b)

in relation to the 2006 Scheme, shall be construed in accordance with rule 2 to 5 of Part 10 of that Scheme;

“reference pay”, in relation to the pensionable pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;

“retained firefighter” and “retained or volunteer firefighter” mean a person employed by an authority—

(a)

as a firefighter, but not as a regular firefighter,

(b)

on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives;” ”; and

(b) in rule 7 (qualifying injury), in paragraph (4), omit “regular or retained”.

(1)

S.I. 1992/129, amended by S.I. 1997/2309 and 2851, 1998/1010, 2001/3649 and 3691, 2004/1912 and 2006/1810 and 3433. The Scheme was made under section 26 of the Fire Services Act 1947 (c.41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c.21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by S.I. 2004/2306. The name of the scheme was changed, in relation to England and Scotland, by article 4(1) of S.I. 2004/2306.

(2)

S.I. 2006/3432.