Police and Firemen’s Pensions Act 1997

3 Information in connection with firemen’s pensions etc

After section 27 of the [1947 c. 31.] Fire Services Act 1947 there shall be inserted the following section—

“27A Information in connection with firemen’s pensions etc

(1) A fire authority may in prescribed circumstances—

(a) provide information in connection with the questions specified in subsection (2) below to a prescribed person; and

(b) require that person to pay a reasonable fee in respect of any administrative expenses incurred in providing that information.

(2) The following are the questions mentioned in subsection (1) above—

(a) whether an individual who has opted or transferred out has suffered loss as a result of a contravention which is actionable under section 62 of the [1986 c. 60.] Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act), and

(b) if so, what payment would need to be made in respect of that individual to the fire authority concerned to restore the position to what it would have been if that individual had not opted or transferred out.

(3) Where—

(a) an individual who has opted or transferred out becomes entitled to make contributions under the Scheme to a fire authority, or

(b) a payment is made to a fire authority in respect of such an individual for the purpose mentioned in subsection (2)(b) above,

the fire authority may require a prescribed person to pay a reasonable fee in respect of any administrative expenses incurred in connection with that entitlement or payment.

(4) For the purposes of this section, an individual shall be taken to have opted or transferred out if—

(a) for any period during which he is a member of a fire brigade maintained in pursuance of this Act, he does not make contributions under the Scheme but instead makes contributions to a personal pension scheme; or

(b) a transfer value is paid in respect of the individual by a fire authority to a personal pension scheme.

(5) In this section—

• “personal pension scheme” has the meaning given by section 1 of the [1993 c. 48.] Pension Schemes Act 1993;

• “prescribed” means prescribed by regulations made by the Secretary of State under this section;

• “the Scheme” has the same meaning as in sections 26 and 27 of this Act.”