Statutory Instrument 1990 No. 1841

The Firemen's Pension Scheme (Amendment) Order 1990

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© Crown Copyright 1990

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1990 No. 1841

FIRE SERVICES
SUPERANNUATION

The Firemen's Pension Scheme (Amendment) Order 1990

In exercise of the powers conferred upon me by section 26 of the Fire Services Act 1947^[1], by section 12, as applied by section 16(3), of the Superannuation Act 1972^[2], and by section 35(7) and (8) of the Social Security Pensions Act 1975^[3], I hereby, with the approval of the Treasury^[4] and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:

Citation, commencement and interpretation
    1.—(1)  This order may be cited as the Firemen's Pension Scheme (Amendment) Order 1990 and shall come into force on 1st October 1990.

    (2)  In this Order "the 1973 Scheme" means the scheme set out in Appendix 2 to the Firemen's Pension Scheme Order 1973^[5].

Variation of Scheme
    2.—(1)  The Schedule to this Order has effect for varying the 1973 Scheme.

    (2)  Part II of the Schedule, except paragraphs 2 and 14(a), has effect as from 6th April 1988.

    (3)  A reference in the Schedule to a numbered article or Schedule is a reference to the article or Schedule identified by that number in the 1973 Scheme.

Elections in respect of protected benefits
    3.—(1)  This article applies to a person—
 (a) to whom a protected benefit is being paid or may become payable, and
 (b) who is placed in a worse position than he would have been in if a variation made to the 1973 Scheme by virtue of article 2 ("the relevant variation") had not applied in relation to the protected benefit.

    (2)  A protected benefit is one which is being paid or may become payable by a fire authority, under the 1973 Scheme, to or in respect of a person who was employed as a regular fireman but ceased to be so employed, or died, before 1st October 1990.

    (3)  A person to whom this article applies may, by giving written notice to the fire authority within 3 months after 1st October 1990, elect that the relevant variation shall not apply in relation to the protected benefit.

David Waddington

One of Her Majesty's Principal Secretaries of State
Home Office

27th August 1990
We consent

John Major

John Taylor

Two of the Lords Commissioners of Her Majesty's Treasury

7th September 1990

[1] 1947 c. 41; section 26 was amended and extended by the Fire Services Act 1951 (c. 27), section 1; by the Reserve and Auxiliary Forces(Protection of Civil Interests) Act 1951 (c. 65), section 42; and by the Superannuation Act 1972 (c. 11), sections 12 and 16. back

[2] 1972 c. 11. back

[3] 1975 c. 60; section 35(7) was amended by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), section 22(7), by the Social Security Act 1979 (c. 18), Schedule 3, paragraph 18, and by the Social Security Act 1985 (c. 53), Schedule 3, paragraph 2; section 35(8) was amended by the Social Security Act 1985, Schedule 3, paragraph 8 and a relevant exception to it was prescribed by the Occupational Pension Schemes (Revaluation) Regulations 1985 (S.I. 1985/1930), regulation 10. back

[4] See S.I. 1981/1670. back

[5] S.I. 1973/966; relevant amendments to the scheme were made by S.I. 1978/1349, 1980/1615, 1983/1409, 1985/318, 1987/1302, 1989/732. back

Explanatory Note