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The First Secretary of State, in exercise of the powers conferred on him by section 26 of the Fire Services Act 1947[1] and section 12 of the Superannuation Act 1972[2], as applied by section 16(3) of that Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Central Fire Brigades Advisory Council, hereby makes the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Firemen's Pension Scheme (Amendment) Order 2004. (2) This Order shall come into force on 13th September 2004, except that the amendments that relate to, or are incidental to, -
(b) rules F2A, G1 and G2A, in so far as they relate to maternity leave, shall have effect from 23rd June 1994; (c) rules F2A, G1 and G2A, in so far as they relate to adoption or paternity leave, shall have effect from 8th December 2002; and (d) rule I3 and paragraphs (4) and (5) of rule J4 shall have effect from 1st March 1992.
(3) This Order shall extend to England and Wales[3]. 1. In rule A7 (reckoning of service for purposes of awards), add at the end -
2.
In rule A8 (aggregate pension contributions for purposes of awards), after paragraph (1)(a), insert -
3.
In rule A9 (qualifying injury), in paragraph (2), for "part-time" substitute "retained or volunteer".
5.
In rule A13 (compulsory retirement on account of age), for paragraph (1) substitute -
6.
In rule A14 (compulsory retirement on grounds of efficiency of brigade) -
(b) delete paragraph (a); and (c) in paragraph (c), after "under rule G3" insert "or a failure to make an election under rule G2A".
7.
In rule B5 (deferred pension), for paragraph (1)(a) substitute -
(ii) any period of maternity or adoption leave which does not count as pensionable service as a result of rule F2A or G2A,
and aggregating the remainder with his pensionable service, amounts to 2 years or more, or".
8.
In rule B7 (commutation - general provision), in paragraph (5)(a), after "years'" insert "pensionable".
(b) in paragraph (7), delete sub-paragraph (a); (c) delete paragraph (9); (d) in paragraph (12), for "even if" substitute "unless"; (e) after paragraph (12), insert -
(b) the beneficiary dies after that pension becomes payable,
from the date of the beneficiary's death the pension shall no longer be reduced by the allocated portion.";
(g) delete paragraphs (14) and (15).
10.
After rule B12 (pension debit members), insert -
B13. Where a person is entitled to an award under this Part and some or all of his service, by virtue of which his pensionable service is reckonable, was part-time service, his award shall be calculated in accordance with Part VIA of Schedule 2.".
11. In rules C1(1) (spouse's ordinary pension) and C6(1) (widow's requisite benefit and temporary pension), for "3 years'" substitute "2 years'". 12. In rule F1 (reckoning of and certificates as to pensionable service), in paragraph (3), after "rule" insert "F2A,". 13. In rule F2 (current service) -
(d) any period of maternity or adoption leave in respect of which the person has the right to, but does not, pay contributions under rule G2A.";
(b) in paragraph (3), after "duty without pay", insert "(excluding absence for maternity, paternity or adoption leave)"; and
14.
After rule F2 (current service), insert -
F2A. - (1) A woman serving as a regular firefighter is entitled to reckon as pensionable service any period of -
(b) unpaid ordinary maternity leave; and (c) unpaid maternity leave in respect of which she has paid pension contributions to the fire authority in accordance with rule G2A,
taken on or after 23rd June 1994.
(b) ordinary adoption leave; (c) paid additional adoption leave, and (d) unpaid additional adoption leave in respect of which he has paid pension contributions to the fire authority in accordance with rule G2A.".
15.
In rule G1 (pensionable pay and average pensionable pay) -
(b) after paragraph (2), insert -
(d) for paragraph (6) substitute -
(b) stoppage of pay by way of punishment; (c) ordinary maternity, ordinary adoption or paternity leave; (d) paid additional maternity or additional adoption leave; or (e) unpaid additional maternity or additional adoption leave where contributions have been paid under rule G2A,
shall be disregarded.".
16.
After rule G2 (pension contributions), insert -
G2A. - (1) A regular firefighter who -
(b) who, for the whole or part of the leave period, is not entitled to receive pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits Act 1992),
may elect to pay pension contributions in respect of that leave period.
(b) if he does not return to work after the leave period, the day he ceases to be employed by the fire authority.
(4) Where the person dies before the end of the period in paragraph (3) without having given the required notice, he shall be deemed to have given the notice and to have paid the contributions.
17.
In rule G7 (payment of periodical contributions for increased benefits), after paragraph (3), insert -
18. In rule H1 (determination by fire authority) -
(b) after paragraph (2), insert -
(b) he is not acting, and has not at any time acted, as the representative of the member, the fire authority, or any other party in relation to the same case."; and
(c) in paragraph (3), delete "or practitioners".
19.
In rule H2 (appeal against opinion on a medical issue), in paragraph (3), for "a medical issue" substitute "any issue referred to in sub-paragraphs (a) to (f) of rule H1(2)". 20. In rule I3 (awards on death of servicemen), after paragraph (2), insert -
21. In rule J3 (whole-time member of brigade who is not a regular firefighter) -
(b) in paragraph (3), delete the words from ", or if the deceased was a woman" to the end of the paragraph.
22.
In rule J4 (part-time member of brigade) -
(b) in paragraph (4), for "and E5 (gratuity in lieu)" substitute ", E5 (gratuity in lieu) and E8 (increase of pensions and allowances during first 13 weeks)"; (c) in paragraph (5) delete ", subject to paragraph (6)," and for "and E6 (gratuity in lieu)" substitute ", E6 (gratuity in lieu) and E8 (increase of pensions and allowances during first 13 weeks)"; (d) delete paragraph (6); and (e) in paragraph (7), after "is one who" insert "is a whole-time member of a brigade and".
23.
In rule K1 (cancellation of ill-health and injury pensions), in paragraph (2), delete sub-paragraph (a). 25. In rule L4 (prevention of duplication), in paragraph (4), at the end of sub-paragraph (b), insert -
(c) to pensions as the surviving child of both parents who served as members of a brigade,".
26.
In Part I of Schedule 1 (Glossary of expressions) -
(ii) at the end insert -
27.
In Parts I, II and III of Schedule 2 (ordinary pension, short service pension and ill-health pension), after "Subject to Parts" insert "VIA," in each place where it appears.
(b) in paragraph 1(2), after "rule G3" insert "or a failure to elect under rule G2A"; and (c) in paragraph 2(1), after "rule G3 had effect" insert "or the person failed to make an election under rule G2A".
29.
In Part VI of Schedule 2 (deferred pension), in paragraph 1(1), for "Parts VII and VIII" substitute "Parts VIA, VII and VIII". Rule B13 1. Where some or all of a person's service, by virtue of which his pensionable service is reckonable, is part-time service, his -
(b) short-service pension under Part II, (c) ill-health pension under Part III, (d) injury gratuity under Part V, (e) injury pension under Part V, and (f) deferred pension under Part VI,
as appropriate, shall be calculated in accordance with this Part.
(2) Neither (B + C) nor D shall exceed 30 years.".
31. In Part I of Schedule 3 (spouse's ordinary pension), in paragraph 1(2), add at the end "but taking into account the provisions of Part VIA of Schedule 2 (calculation of awards for part-time service)". 32. For Part II of Schedule 3 (spouse's special pension) substitute -
2. - (1) Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated using the formula in paragraph 2 of Part VIA of Schedule 2. (2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted "A is the amount calculated under paragraph 1 of Part II of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of a brigade".".
33.
In Part III of Schedule 3 (spouse's accrued pension), in paragraph 2(3), after "this paragraph" insert "account shall be taken of Part VIA of Schedule 2 (calculation of awards for part-time service), but".
(b) after sub-paragraph (2) insert -
(4) In making the calculation mentioned in sub-paragraph (3), for the value of A there shall be substituted "A is the amount calculated under paragraph 2(2)(b) of Part IV of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of a brigade" and in relation to B, C and D only pensionable service after 5th April 1978 shall be counted.".
35.
For Part V of Schedule 3 (spouse's requisite benefit pension) substitute -
2. Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of a requisite benefit pension shall be calculated using the formula in paragraph 2 of Part VIA of Schedule 2. 3. In making the calculation mentioned in paragraph 2, for the value of A there shall be substituted "A is the amount calculated under paragraph 1 of Part V of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of a brigade" and in relation to B, C and D only pensionable service after 5th April 1978 shall be counted.".
36. In Part 1 of Schedule 4 (child's ordinary allowance), in paragraph 1(4), add at the end "but taking account of Part VIA of Schedule 2 (calculation of awards for part-time service)". 37. In Part II of Schedule 4 (child's special allowance) -
(b) after paragraph 3 insert -
(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted "A is the amount calculated under paragraphs 1 to 3 of Part II of Schedule 4 if the average pensionable pay was the pay the deceased would have received had he been a whole-time member of a brigade".".
38.
In Part III of Schedule 4 (child's accrued allowance), in paragraph 4, after "paragraph 2 or 3" insert "account shall be taken of Part VIA of Schedule 2 (calculation of awards for part-time service), but". 39. In Part I of Schedule 5 (adult dependent relative's special pension) -
(b) after paragraph 2 insert -
(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted "A is the average pensionable pay the deceased would have received had he been a whole-time member of a brigade".".
40. In Part I of Schedule 6 (payments in respect of previous service), in paragraph 2(1), after "when he again became a regular firefighter," insert "or if he is a part-time member of a brigade, the annual pensionable pay he would have received had he been a whole-time member,". 41. In Part II of Schedule 6 (service reckonable on receipt of transfer value), add at the end -
(b) periods of reckonable pensionable service shall be treated as periods of whole-time service.".
42.
In Part I of Schedule 9 (appeal to board of medical referees) -
(ii) in sub-paragraph (2), after "interview", insert "and medical examination"; and (iii) in sub-paragraph (3), delete "submit himself at the interview to"; and
(b) after paragraph 8(2), insert -
43.
In Part II of Schedule 9 (appeal tribunals), in paragraph 2(2), for "counsel, a solicitor" substitute "an authorised advocate as defined in section 119 of the Courts and Legal Services Act 1990"[12]. (This note is not part of the Order) This Order amends the Firemen's Pension Scheme, as set out in Schedule 2 to the Firemen's Pension Scheme Order 1992 ("the principal Order"), as it applies in England and Wales. The amendments are set out in the Schedule to this Order. The main changes are:
Some of the amendments take effect from a date before the Order comes into force. Section 12 of the Superannuation Act 1972, as applied by section 16 of that Act, provides that orders made under section 26 of the Fire Services Act 1947 may have retrospective effect. Amendments in relation to the following rules, and any matters incidental to them, in the principal Order, therefore, have effect as follows:
A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies. Notes: [1] 1947 c. 41; to which there are amendments not relevant to this Order.back [2] 1972 c. 11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (1990 c. 7).back [3] The Secretary of State's functions under section 26 of the Fire Services Act 1947 in so far as they were exercisable in relation to Scotland, were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (1998 c. 46) and article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to Scottish Ministers etc) Order 1999 (S.I. 1999/1750).back [4] S.I. 1992/129; as amended by S.I. 1997/2309, 1997/2851, 1998/1010, 2001/3649 and 2001/3691.back [6] 1996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).back [7] S.I. 1995/3208; as amended by S.I. 2003/3148.back [8] The Faculty of Occupational Medicine is a registered charity no. 1035415.back [9] 1978 c. 44; section 33 was amended by section 23 of the Trade Union Reform and Employment Rights Act 1993 (c. 19).back [10] 1996 c. 18; sections 71 and 73 were substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999 (c. 26) and amended by section 17 of the Employment Act 2002 (c. 22).back
ISBN 0 11 049631 0
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