This Statutory Instrument has been printed to correct errors in SI 2013/1392 and is being issued free of charge to all known recipients of that Statutory Instrument.

2013 No. 2125

Fire And Rescue Services, England
Pensions, England

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

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by section 26(1) to (5) of the Fire Services Act 19471 and section 12 of the Superannuation Act 19722, as applied by section 16(3) of that Act, makes the following Order:

Citation, commencement, application and interpretation1

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 only3.

3

In this Order—

  • “the 1992 Order” means the Firemen’s Pension Scheme Order 19924;

  • “the 2013 Order” means the Firefighters’ Pension Scheme (Amendment) (No. 2) (England) Order 20135;

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

    1. a

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

    2. 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 19922

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 provision3

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 20136 (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 pension7.

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 LewisParliamentary Under Secretary of StateDepartment for Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Firefighters’ Pension Scheme 1992 (set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992) as it has effect in England. Article 2 corrects errors made in the Firefighters’ Pension Scheme (England) (Amendment) (No. 2) Order 2013 (S.I. 2013/1393). Article 3 provides a right for certain persons in respect of pensions in payment, and pensions which may become payable in respect of persons who have ceased to be in service or have died, to elect that any amendments in S.I. 2013/1393 which place them in a worse position shall not apply to them. Any such election must be made within 12 months of the coming into force of this Order.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on the public sector is minimal.