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The Firefighters’ Pension Scheme (Amendment) (No. 3) (England) Order 2013

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Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the Firefighters’ Pension Scheme (Amendment) (No. 3) (England) Order 2013 and shall come into force on 1st October 2013.

(2) This Order applies in relation to England only(1).

(3) In this Order—

“the 1992 Order” means the Firemen’s Pension Scheme Order 1992(2);

“the 2013 Order” means the Firefighters’ Pension Scheme (Amendment) (No. 2) (England) Order 2013(3);

“relevant fire and rescue authority” in relation to a person entitled to a pension, or in respect of whom a pension is payable, means—

(a)

the fire and rescue authority by whom that person was last so employed; or,

(b)

where his or her employment ceased before 1st October 2004, the fire and rescue authority which inherited the liabilities of the fire authority which last employed that person; and

the Scheme” means the Firefighters’ Pension Scheme as set out in Schedule 2 to the 1992 Order.

Amendment of the Firemen’s Pension Scheme Order 1992

2.—(1) Schedule 2 to the 1992 Order is amended as follows.

(2) In part G—

(a)in rule G1(1)(a) (pensionable pay and average pensionable pay) for “rule B5C(4)” substitute “rule B5C(5)”;

(b)in rule G2A(2A) (optional pension contribution during maternity and adoption leave) for “1991” substitute “1999”.

(3) In part LA, in rule LA2(10) (special payments and transfers into Firefighters’ Pension Fund) for “portion of the pension” substitute “lump sum”.

Transitional provision

3.—(1) This article applies to an amendment made to Schedule 2 to the 1992 Order by article 2 of and the Schedule to the 2013 Order which applies in relation to the pensions which are being paid or may become payable under the Scheme to or in respect of persons who, having served in an employment, service in which qualifies persons to participate in the benefits for which the Scheme provides, have ceased to serve therein before 1st July 2013(4) (whether or not they have subsequently recommenced any such service) or have died before that date.

(2) Any person who is placed in a worse position than he or she would have been in if an amendment to which this article applies had not been made in relation to any pension which is being paid or may become payable to that person may elect that the amendment shall not apply in relation to that pension(5).

(3) Any such election shall be made by giving written notice to the relevant fire and rescue authority within the period of 12 months starting with the date on which this Order comes into force.

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis

Parliamentary Under Secretary of State

Department for Communities and Local Government

28th August 2013

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