LegalizeThe Firemen’s Pension Scheme Order 1992
Made: 28th January 1992
Laid before Parliament: 7th February 1992
Coming into force: 1st March 1992
In exercise of the powers conferred upon me by section 26 of the Fire Services Act 1947[^f00001] and section 8 of the Fire Services Act 1959[^f00002] I hereby, with the approval of the Treasury[^f00003] and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:
1
This Order may be cited as the Firemen’s Pension Scheme Order 1992 and shall come into force on 1st March 1992.
2
- (1) The Orders specified in Schedule 1 are revoked to the extent specified.
- (2) The Scheme set out in Schedule 2 is brought into operation.
SCHEDULE 1 — REVOCATIONS
PART I — ORDERS NOT PREVIOUSLY REVOKED
| Orders revoked | References | Extent of revocation |
|---|---|---|
| The Firemen’s Pension Scheme Order 1973 | S.I. 1973/966 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1973 | S.I. 1973/1814 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1974 | S.I. 1974/1797 | The whole Order. |
| Firemen’s Pension Scheme (Amendment) Order 1975 | S.I. 1975/1717 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1976 | S.I. 1976/1273 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1976 | S.I. 1976/1708 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1977 | S.I. 1977/1704 | The whole Order. |
| The Firemen’s Pension Scheme(Amendment) Order 1978 | S.I. 1978/1228 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1978 | S.I. 1978/1349 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 3) Order 1978 | S.I. 1978/1577 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1979 | S.I. 1979/407 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1979 | S.I. 1979/855 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 3) Order 1979 | S.I. 1979/1286 | The whole Order. |
| The Firemen’s Pension Scheme(War Service) Order 1979 | S.I. 1979/136 | The whole Order.0 The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1980 | S.I. 1980/273 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1980 | S.I. 1980/1587 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 3) Order 1980 | S.I. 1980/1615 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1982 | S.I. 1982/114 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1983 | S.I. 1983/614 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1983 | S.I. 1983/1409 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1985 | S.I. 1985/318 | The whole Order. |
| The Firemen’s Pension Scheme (War Service) (Transferees) Order 1986 | S.I. 1986/1663 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1987 | S.I. 1987/1302 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1989 | S.I. 1989/731 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1989 | S.I. 1989/732 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1990 | S.I. 1990/1841 | The whole Order. |
| The Firemen’s Pension Scheme (Amendment) Order 1991 | S.I. 1991/1097 | The whole Order. |
PART II — ORDERS PREVIOUSLY REVOKED SUBJECT TO SAVINGS
| Orders revoked | References | Extent of revocation |
|---|---|---|
| The Firemen’s Pension Scheme Order 1948 | S.I. 1948/604 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1948 | S.I. 1948/1094 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1949 | S.I. 1949/396 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1949 | S.I. 1949/1469 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 3) Order 1949 | S.I. 1949/2160 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1950 | S.I. 1950/467 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1951 | S.I. 1951/158 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1951 | S.I. 1951/1111 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 3) Order 1951 | S.I. 1951/1584 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1952 | S.I. 1952/944 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1952 | S.I. 1952/1447 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 3) Order 1952 | S.I. 1952/216 | The whole Order.6 |
| The Firemen’s Pension Scheme Order 1953 | S.I. 1953/1385 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1954 | S.I. 1954/1365 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1954 | S.I. 1954/1663 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1955 | S.I. 1955/1571 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1956 | S.I. 1956/1022 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1956 | S.I. 1956/2014 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1958 | S.I. 1958/370 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1959 | S.I. 1959/802 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1959 | S.I. 1959/1495 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1960 | S.I. 1960/1848 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (No. 2) Order 1960 | S.I. 1960/2385 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1962 | S.I. 1962/729 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1963 | S.I. 1963/2073 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1964 | S.I. 1964/1148 | The whole Order. |
| TheFiremen’s Pension Scheme (Amendment) Order 1965 | S.I. 1965/604 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1965 | S.I. 1965/1905 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1966 | S.I. 1966/1045 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1966 | S.I. 1966/1142 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1967 | S.I. 1967/1230 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1968 | S.I. 1968/157 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1968 | S.I.1968/397 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1969 | S.I. 1969/1001 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1970 | S.I. 1970/250 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme Order 1971 | S.I. 1971/145 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1971 | S.I. 1971/1329 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1971 | S.I. 1971/1468 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) Order 1972 | S.I. 1972/522 | The whole Order as far as still having effect. |
| The Firemen’s Pension Scheme (Amendment) (No. 2) Order 1972 | S.I. 1972/1643 | The whole Order as far as still having effect. |
SCHEDULE 2 — THE FIREMEN'S PENSION SCHEME 1992
Signed
Kenneth Baker — One of Her Majesty’s Principal Secretaries of State — 9th January 1992
We approve
Thomas Sackville — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 28th January 1992
Explanatory note
(This note is not part of the Order)
This Order brings into operation the Firemen’s Pension Scheme 1992 set out in Schedule 2 to the Order (“the 1992 Scheme”) and revokes the Orders specified in Schedule 1. It effects the consolidation, with some further variations, of the Scheme brought into operation by the Firemen’s Pension Scheme Order 1973 as varied by the other Orders specified in Part I of Schedule 1. The further variations, apart from those that consist in the omission of spent or obsolete provisions, are described in the Table below.
| 1992 provisions | Corresponding 1973 provisions | Subject | Variations |
|---|---|---|---|
| r.A7(2) | — | Apportionment of service credit by reference to date | New provision. |
| r.A11(2) | art.4(2) | Injury occasioning infirmity | Includes injury substantially contributing to infirmity. |
| r.B3(1) | art.14(1) | Ill-health award | Payable only where retirement compulsory. |
| r.B7(7) | art.21(4) | Notice to commute pension | May be given 4 (instead of 2) months before retirement. |
| r.B8 | art.21A | Commutation of small pensions | Maximum commutable pension increased. |
| r.C1(1) | art.22(1) | Spouse’s ordinary pension | Payable in additional case (death while in receipt of injury pension after ill-health pension discontinued). |
| r.C4 | art.25 | Spouse’s accrued pension | Payable even if deceased’s deferred pension commuted. |
| r.C6(3) | art.27A(2) | Widow’s temporary pension | In calculating pension deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases. |
| r.D1(1) | art.33(1) | Child’s ordinary allowance | Payable in same additional case as spouse’s ordinary pension. |
| r.E5(1) | art.26(1) | Commutation of spouse’s pension for gratuity | Maximum commutable pension increased. |
| r.E5(2) | art.26(2) | Same | Excess over guaranteed mimimum commutable only in case of ordinary or special pension. |
| r.E6(1) | art.37(1) | Commutation of child’s allowance for gratuity | Child may consent where there is no parent or guardian. |
| r.E8 | Sch.2 Part V Sch. 3 Part IV | Increases for spouses and children during first 13 weeks | Deceased’s pensions, if more than one, to be aggregated and account to be taken of any statutory increases. |
| r.L3(8) | art.69(8) | Payment of gratuities | Payment may be deferred pending determination of fire authority’s liability. |
| r.L5(2) | art.70(2) | Awards: payment where person entitled incapable | Authority’s choice of payee widened. |
| r.L5(3) | art.70(3) | Payment without proof of title | Not to exceed amount specified under 1965 c. 32 (instead of £1500). |
| Sch.3 Part IV | Sch. 2 Part IX | Pension for widow of post-retirement marriage | Rate linked to that of special award where one would otherwise have been payable. |
| Sch. 5 Part III | Sch. 3 Part V | Commutation of child’s allowance for gratuity | Child may agree amount where there is no parent or guardian. |
| — | Art.16D | Transitional award | Not reproduced: award not in conformity with current preservation requirements under 19 73 c.38. |
Section 12(2) of the Superannuation Act 1972 (c. 11), as applied by section 16(3) of that Act in relation to orders under section 26 of the Fire Services Act 1947, allows such an order to be framed so as to apply in relation to pensions which are being paid, or may become payable, to or in respect of persons who have ceased to serve or died before the order comes into operation. The 1992 Scheme brought into operation by this Order is framed so as to apply in relation to some such pensions (for example, surviving spouses' pensions becoming payable under Part C). Schedule 12 to the 1992 Scheme contains related transitional provisions, including provision (required by section 12(4) of the Superannuation Act 1972 as applied) for persons who might be adversely affected by any changes to elect that the changes are not to apply.
This Order finally revokes the Orders specified in Part II of Schedule 1 to the Order. These had brought into operation, or varied, six successive Firemen’s Pension Schemes, and had previously been revoked subject to savings preserving their effect for old cases. Schedule 12 to the 1992 Scheme contains provision for continuing any remaining effect of the savings.
Footnotes
[^f00001]: 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. 55), section 42; and by the Superannuation Act 1972 (c. 11), sections 12 and 16.
[^f00002]: 1959 c. 44.
[^f00003]: See S.I. 1981/1670.
[^f00004]: 1975 c. 14.
[^f00005]: 1959 c. 44.
[^f00006]: 1951 c. 65.
[^f00007]: 1948 c. 64.
[^f00008]: 1971 c. 56.
[^f00009]: 1973 c. 38.
[^f00010]: 1988 c. 1.
[^f00011]: 1971 c. 56.
[^f00012]: 1971 c. 56.
[^f00013]: 1973 c. 38.
[^f00014]: S.I. 1990/586.
[^f00015]: 1988 c. 1; section 590C was inserted, and section 594 amended, by the Finance Act 1989 (c. 26), section 75 and Schedule 6 paragraphs 4 and 6.
[^f00016]: 1951 c. 65.
[^f00017]: 1971 c. 56.
[^f00018]: 1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.
[^f00019]: Section 56C was inserted by the Social Security Act 1985, Schedule 1, paragraph 2, and amended by the Social Security Act 1986, Schedule 10, paragraph 26.
[^f00020]: 1975 c. 14.
[^f00021]: 1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6.
[^f00022]: 1965 c. 32.
[^f00023]: 1978 c. 30.
[^f00024]: 1988 c. 1.
[^f00025]: 1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.
[^f00026]: Brought into operation by S.I. 1973/966; amended by the other instruments listed in Part I of Schedule 1 to the Firemen’s Pension Scheme Order 1992.
[^f00027]: 1947 c. 41.
[^f00028]: 1965 c. 51.
[^f00029]: 1975 c. 18.
[^f00030]: 1946 c. 67.
[^f00031]: 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.
[^f00032]: See S.I. 1971/145.
[^f00033]: See S.I. 1948/604.
[^f00034]: 1946 c. 67.
[^f00035]: 1965 c. 51.
[^f00036]: 1959 c. 47.
[^f00037]: 1971 c. 56.
[^f00038]: 1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3, and amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraphs 29 and 30.
[^f00039]: 1946 c. 60; Schedule 1 was repealed by the Superannuation Act 1965 (c. 74), section 104 and Schedule 11.
[^f00040]: 1973 c. 38.
[^f00041]: 1945 c. 13; section 23 was repealed by the Income Tax Act 1952 (c. 10). (N.I.); 1963 c. 7 (N.I.); 1967 c. 3 (N.I.), partially repealed with savings by Article 23 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073) (N.I. 10).
[^f00042]: 1976 c. 35.
[^f00043]: 1972 c. 11.
[^f00044]: 1968 c. 12.
[^f00045]: 1967 c. 12.
[^f00046]: 1965 c. 83.
[^f00047]: 1962 c. 47.
[^f00048]: 1925 c. 59.
[^f00049]: 1946 c. 81.
[^f00050]: 1947 c. 27.
[^f00051]: 1937 c. 68.
[^f00052]: 1937 c. 69.
[^f00053]: 1953 c. 25.
[^f00054]: 1972 c. 11.
[^f00055]: 1950 c. 4 (N.I.).
[^f00056]: 1969 c. 13 (N.I.).
[^f00057]: 1922 c. 8 (N.I.); 1924 c. 17 (N.I.); 1928 c. 4 (N.I.); 1930 c. 18 (N.I.); 1933 c. 27 (N.I.); 1934 c. 10 (N.I.); 1949 c. 9 (N.I.).
[^f00058]: 1970 c. 9 (N.I.).
[^f00059]: 1948 c. 3 (N.I.).
[^f00060]: 1971 c. 1 (N.I.).
[^f00061]: S.I. 1972/1073 (N.I.10).
[^f00062]: 1950 c. 33 (N.I.); 1951 c. 28 (N.I.) (in part); 1956 c. 22 (N.I.); 1963 c. 7 (N.I.); 1963 c. 3 (N.I.), partially repealed with savings by Article 23 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073) (N.I. 10).
[^f00063]: 1950 c. 33 (N.I.).
[^f00064]: 1950 c. 10 (N.I.).
[^f00065]: S.I. 1979/1360.
[^f00066]: S.I. 1986/1663.
[^f00067]: 1973 c. 38.
[^f00068]: 1971 c. 56.
[^f00069]: Brought into operation by S.I. 1971/145.
[^f00070]: 1975 c. 14, 1975 c. 60.
[^f00071]: 1933 c. 51.
[^f00072]: 1958 c. 55.
[^f00073]: 1963 c. 33.
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