General transitional provision
3.—(1) Where—
(a)a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Pension Scheme (“the older 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 old provision had continued to have effect,
he may, by giving written notice to the fire and rescue 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 old provision without modification.
(2) Notice under paragraph (1) must be given not later than 28 June 2007.
(3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1 April 2006, ceased to be a member of the fire and rescue service, or died.
S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. 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 That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21).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 the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.
See rule G1.
2004 c. 21; see section 1 of the Act.
The Faculty of Occupational Medicine is a registered charity no. 1035415.
S.I. 2003/1250; the definition of “competent authority” is in Schedule 1.
1959 c. 44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.
Set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)).
2004 c. 12. As to “lump sum death benefit rule”, see section 168 and Part 2 of Schedule 29 to, that Act.
Rules B7, B9 and B10 are amended by S.I. 2007/1074 (W.112).
Rule B5 was amended by S.I. 2006/1672, Sch. 1 para 15.
Rule B9 of the 1992 Scheme was amended by S.I. 2006/1672 Sch. 1 para 19 and Sch. 2 para 2(b)(i)
Rule IA1 was inserted by S.I. 2001/3691.
Rule JI was amended by S.I. 2006/1672, Sch. 1 para 66 and Sch. 2 para 21.
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.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.