The Firefighters' Pension Scheme (Amendment) (England) Order 2005

• Citation: S.I. 2005/2980
• Sections: 91

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Firefighters' Pension Scheme (Amendment) (England) Order 2005.

(2) This Order shall come into force on 21st November 2005 but, subject to paragraph (3), the amendments set out in the Schedule shall have effect from 1st October 2004.

(3)

(a) The following amendments shall have effect from 21st November 2005—

(i) the amendments made by paragraph 9, in so far as it relates to rule A13 (relating to normal pension age); and by paragraph 15(a)(iii), (b)(ii), (c) and (d) (relating to deferred pensions); and

(ii) the amendments made by paragraph 7(a) and (b)(i), paragraph 75(d), in so far as it relates to the insertion of paragraphs (5) and (6) of rule L1, and paragraphs 78, 79 and 82(b) (relating to the prevention of duplication of certain awards);

(b) the following amendments shall have effect from 13th September 2004—

(i) the amendment made by paragraph 81(b) (relating to the definition of “independent qualified medical practitioner”); and

(ii) the amendment made by paragraph 86(b)(ii)(aa) (relating to service reckonable on receipt of transfer value); and

(c) the amendment made by paragraph 24 (relating to limiting awards to widows) shall have effect from 1st March 1992.

(4) In this Order “the Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 , as it has effect in England .

Section 2 Citation, commencement and interpretation

The Scheme shall be amended in accordance with the Schedule to this Order.

Section 1

In rule A3 (exclusive application to regular firefighters) , in paragraph (3), for “a member of a brigade”, substitute “an employee of a fire and rescue authority”.

Section 2

In rule A4 (application to temporary employment connected with fire services)—

(a) in paragraph (2), for “fire services”, substitute “fire and rescue services”; and

(b) for paragraph (3), substitute—

(3) Where this rule applies the person’s relevant employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority and this Scheme applies in relation to the relevant employment as if—

(a) he were, and his duties were duties as, a regular firefighter,

(b) his pay and role were the same as they would have been had he not ceased to perform duties as a regular firefighter or, where section 10 of the Fire Services Act 1959 applies, the same as his pay and role as an employee of a fire and rescue authority,

(c) any reference to employment with a fire and rescue authority were a reference to the relevant employment,

(d) rules A14, A15 and L2 were omitted, and

(e) any reference to a fire and rescue authority were a reference to the Secretary of State.

Section 3

In rule A5 (application to permanent employment as instructor)—

(a) in paragraph (2), for “fire services”, substitute “fire and rescue services”;

(b) in paragraph (3)—

(i) for “as a member of a brigade”, substitute “by a fire and rescue authority”;

(ii) omit sub-paragraph (b);

(iii) in sub-paragraph (c), for “fire authority”, substitute “fire and rescue authority”; and

(iv) in sub-paragraph (d), for “A13 to substitute “A14,”.

Section 4

In rule A6 (no application to auxiliary firefighters)—

(a) for “a member of a brigade”, substitute “an employee of a fire and rescue authority”; and

(b) for “who is enrolled for service in the brigade which”, substitute “whose employment”.

Section 5

In rule A7 (reckoning of service for purposes of awards)—

(a) in paragraph (1), for “a member of a brigade”, substitute “an employee of a fire and rescue authority”;

(b) in paragraph (2)(b), for “fire authority”, substitute “fire and rescue authority”; and

(c) in paragraph (4), for “member of a brigade” (in both places), substitute “employee of a fire and rescue authority”.

Section 6

In rule A8 (aggregate pension contributions for purposes of awards), in paragraph (1)(a), for “fire authority”, substitute “fire and rescue authority”.

Section 7

In rule A9 (qualifying injury)—

(a) in paragraph (1), for “Except in rule J4,”, substitute “Except in rules J4, L1(5) and (6) and L4B(1)(b),”; and

(b) in paragraph (2)—

(i) for “In rule J4, unless the context otherwise requires,”, substitute “In rules J4, L1(5) and (6) and L4B(1)(b)”; and

(ii) for “member of a brigade”, substitute “firefighter”.

Section 8

In rule A10 (disablement)—

(a) for paragraph (1A) , substitute—

(1A) In determining whether a disablement is permanent, a fire and rescue authority shall have regard to whether the disablement will continue until the person’s normal pension age.

(b) in paragraph (4), for “fire authority”, substitute “fire and rescue authority”.

Section 9

For rules A13 (compulsory retirement on account of age) and A14 (compulsory retirement on grounds of efficiency of brigade), substitute—

Normal pension age

(A13) The normal pension age of employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in fire-fighting is 55.

Compulsory retirement on grounds of efficiency

(A14) A regular firefighter who—

(a) has attained the age of 50, and

(b) has, or but for an election under rule G3 or a failure to make an election under rule G2A would have, completed 25 years' pensionable service,

may be required by the fire and rescue authority to retire on the grounds that his retention in the fire and rescue service would not be in the general interests of its efficiency.

Section 10

In rule A15 (compulsory retirement on grounds of disablement) , for “fire authority” (in both places), substitute “fire and rescue authority”.

Section 11

In rule A16 (effective date of retirement), for “a member of a brigade”, substitute “an employee of a fire and rescue authority”.

Section 12

In rule B1(ordinary pension)—

(a) in paragraph (2)(a), for “joining another brigade”, substitute “taking up employment with another fire and rescue authority”; and

(b) in paragraph (2)(b)—

(i) for “fire authority”, substitute “fire and rescue authority”; and

(ii) for “chief officer”, substitute “chief fire officer”.

Section 13

In rule B2 (short service awards), for paragraph (1), substitute—

(1) This rule applies, unless immediately before his retirement an election under rule G3 not to pay pension contributions had effect, to a regular firefighter who—

(a) retires on or after attaining the age of 65,

(b) is entitled to reckon at least 2 years' pensionable service, and

(c) is not entitled to any other pension or gratuity under this Part.

Section 14

In rule B3 (ill-health award)—

(a) in paragraph (2)(a) and (b), after “calculated”, insert “subject to paragraph (3)”; and

(b) after paragraph (2), insert—

(3) Where the person has the role of Station Manager B or a superior role, the calculation required by paragraph (2)(a) or (b) shall be made as if his normal pension age were 60.

Section 15

In rule B5 (deferred pension)—

(a) in paragraph (2)—

(i) for “a member of a brigade”, substitute “an employee of a fire and rescue authority”;

(ii) for “joining another brigade”, substitute “taking up employment with another fire and rescue authority”; and

(iii) after “calculated”, insert “subject to paragraph (3A)”;

(b) in paragraph (3)—

(i) in sub-paragraph (b), for “rejoining his brigade”, substitute “re-employment with his fire and rescue authority”; and

(ii) after “calculated”, insert “subject to paragraph (3A)”;

(c) after paragraph (3), insert—

(3A) Where the person has the role of Station Manager B or a superior role, the calculation required by paragraph (2) or (3) shall be made as if his normal pension age were 60.

(d) in paragraph (4)(b), after “he becomes permanently disabled”, insert “for engaging in firefighting or performing any other duties appropriate to his former role as a firefighter”.

Section 16

In rule B6 (repayment of aggregate pension contributions), in paragraph (1), —

(a) for “a member of a brigade”, substitute “an employee of a fire and rescue authority”; and

(b) for “joining another brigade”, substitute “taking up employment as a regular firefighter with another fire and rescue authority”.

Section 17

In rule B7 (commutation—general provision)—

(a) for paragraph (5)(b), substitute “(b) he retires at, or after, normal pension age.”;

(b) omit paragraph (5)(c); and

(c) in paragraphs (7) to (9), for “fire authority”, substitute “fire and rescue authority”.

Section 18

In rule B8 (commutation—small pensions) , in paragraph (1), for “fire authority”, substitute “fire and rescue authority”.

Section 19

In rule B9 (allocation), in paragraphs (2), (6), (8) and (12), for “fire authority”, substitute “fire and rescue authority”.

Section 20

In rule B11 (deduction of tax from certain awards), for “fire authority”, substitute “fire and rescue authority”.

Section 21

In rule B13 (part-time members)—

(a) after “calculated”, insert “subject to paragraph (2)”;

(b) renumber the existing provision, as so amended, as paragraph (1); and

(c) after that paragraph, insert—

(2) Where the person has the role of Station Manager B or a superior role, the calculation required by paragraph (1) shall be made as if his normal pension age were 60.

Section 22

In rule C1 (spouse’s ordinary pension), in paragraphs (3), (5) and (6), for “fire authority”, substitute “fire and rescue authority”.

Section 23

In rule C3 (spouse’s augmented award)—

(a) in paragraph (2), for “fire authority” (in both places), substitute “fire and rescue authority”; and

(b) in paragraph (5)—

(i) for “rule C2(3) to (5) does not apply”, substitute “paragraphs (3) to (5) of rule C2 do not apply”; and

(ii) for “holding the rank of firefighter in the brigade maintained by the London Fire and Civil Defence Authority”, substitute “employed in the role of firefighter by the London Fire and Emergency Planning Authority”.

Section 24

For rule C5 (limitation on award to widow by reference to date of marriage), substitute—

Limitation on award to spouse by reference to date of marriage

(C5)

(1) A surviving spouse is not entitled to an ordinary pension under rule C1, a special award under rule C2, an augmented award under rule C3 or an accrued pension under rule C4 unless he was married to the deceased during a period before the deceased last ceased to be a regular firefighter.

(2) A surviving spouse who, but for paragraph (1), would be entitled to a pension or other award mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part IV of Schedule 3.

Section 25

For rule C6 (widow’s requisite benefit and temporary pension), substitute—

Spouse’s requisite benefit and temporary pension

(C6)

(1) This rule applies where—

(a) a person entitled to reckon less than 2 years' pensionable service who is or has been a regular firefighter and by whom pension contributions have at any time been payable under rule G2 dies, leaving a surviving spouse, after the beginning of the tax year in which he attained or would have attained state pensionable age, and

(b) neither rule C2 nor rule C4 applies.

(2) Where this rule applies the surviving spouse is entitled—

(a) in respect of the first 13 weeks following the death, to a temporary pension, and

(b) after the last of those 13 weeks, to a requisite benefit pension.

(3) The weekly amount of the temporary pension is A − B, where—

A is the weekly amount, immediately before the deceased died, of his pensionable pay or, as the case may be, his pension or pensions (including any increase under the Pensions (Increase) Act 1971 , and

B is the weekly amount of any children’s allowances payable in respect of his death.

(4) The requisite benefit pension shall be calculated in accordance with Part V of Schedule 3.

(5) If—

(a) the deceased died while serving as a regular firefighter, and

(b) the amount of the capitalised value of the requisite benefit pension, as calculated by the Government Actuary, is less than that of his average pensionable pay,

the surviving spouse is entitled to a gratuity equal to the difference between those amounts.

Section 26

In rule C8 (limitations where spouses living apart), in paragraphs (6) and (7), for “fire authority”, substitute “fire and rescue authority”.

Section 27

In rule C9 (effect of remarriage), for “fire authority” (in both places), substitute “fire and rescue authority”.

Section 28

In rule D5 (child’s allowance or special gratuity: limitations), in paragraphs (4)(c) and (5)(b), for “fire authority”, substitute “fire and rescue authority”.

Section 29

In rule E2 (adult dependent relative’s special pension), in paragraphs (3) and (4), for “fire authority”, substitute “fire and rescue authority”.

Section 30

In rule E3 (dependent relative’s gratuity), in paragraph (3), for “fire authority”, substitute “fire and rescue authority”.

Section 31

In rule E4 (payment of balance of contributions to estate), in paragraph (4), for “fire authority”, substitute “fire and rescue authority”.

Section 32

For rule E5 (gratuity in lieu of surviving spouse’s pension), substitute—

Gratuity in lieu of surviving spouse’s pension

(E5)

(1) Where the amount of any pension payable under Part C, together with any increase under the Pensions (Increase) Act 1971, does not exceed £260, or any greater amount prescribed by regulations for the time being in force under section 12C(1) of the Pension Schemes Act 1993 , the fire and rescue authority may commute the pension for a gratuity.

(2) Where—

(a) a surviving spouse is entitled to a pension under rule C1 or C2, and

(b) the fire and rescue authority are satisfied that there are sufficient reasons, and

(c) the surviving spouse consents,

the fire and rescue authority may commute for a gratuity the pension or so much of it as may be commuted without contravening rule E7.

(3) A fire and rescue authority may under this rule commute a pension for a gratuity only when the pension first becomes payable.

(4) A gratuity under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Section 33

In rule E6 (gratuity in lieu of child’s allowance), in paragraph (1), for “fire authority” (in both places), substitute “fire and rescue authority”.

Section 34

In rule E7 (limitation on discretion to commute pension or allowance for gratuity), in paragraph (2), for “fire authority”, substitute “fire and rescue authority”.

Section 35

In rule E9 (flat-rate awards)—

(a) in paragraph (2), after “applies”, insert “and the deceased retired before 1st October 2004,” ;

(b) after paragraph (2), insert—

(2A) Subject to paragraph (3), where paragraph (1)(a) or (b) applies and the deceased retired on or after 1st October 2004, the amount of the pension is—

(a) if his last role was not higher than Watch Manager A (Case A), £379.78;

(b) if his last role was higher than Watch Manager A but not higher than Area Manager A (Case B), £494.54; and

(c) in any other case (Case C), £594.18,

increased, in each case, in accordance with paragraph (7).

(c) in paragraph (3)(b), for the words after “April 1975”, substitute—

and would have become entitled to reckon at least 10 years' pensionable service had he continued to serve until—

(i) he could have been required to retire on account of age; or

(ii) if he retired on or after 1st October 2004, normal pension age,

the amount specified in, as the case may be, paragraph (2)(a), (b) or (c) or paragraph (2A)(a), (b) or (c), is increased by £29.91.

(d) in paragraph (6), for “fire authority”, substitute “fire and rescue authority”; and

(e) in paragraph (9), for “the sums referred to in paragraph (2)(a), (b) and (c)”, substitute “the amounts specified in sub-paragraphs (a), (b) and (c) of paragraphs (2) and (2A)”.

Section 36

In rule F1 (reckoning of and certificates as to pensionable service) —

(a) in paragraph (3), for “fire authority”, substitute “fire and rescue authority”; and

(b) in paragraph (7), for “resumes service in his former brigade”, substitute “resumes employment with his former fire and rescue authority”.

Section 37

In rule F2 (current service)—

(a) for paragraphs (1) and (2), substitute—

(1) Subject to paragraphs (2) and (3), a person serving as a regular firefighter is entitled to reckon as pensionable service—

(a) any period of service after 30th September 2004, as a regular firefighter in the employment of a fire and rescue authority, except a period during which pension contributions were not payable under rule G2, and

(b) if he served as a regular firefighter in a brigade after 31st March 1972 and before 1st October 2004, any period of service in that brigade, except a period during which pension contributions were not payable under rule G2, and

(c) if he was serving in a brigade both on and immediately before 1st April 1972, any period he was entitled to reckon immediately before that date.

(2) A person is not entitled to reckon as pensionable service by virtue of paragraph (1)—

(a) if he ceases employment with a fire and rescue authority after 30th September 2004, and again takes up employment with the authority, any period of service before he last took up such employment, or

(b) if he left a fire brigade after 31st March 1972 and—

(i) rejoined the brigade before 1st October 2004, or

(ii) took up employment with a fire and rescue authority on or after that date,

any period of service before he last rejoined the brigade or, as the case may be, took up employment with the authority, or

(c) any period of absence from duty as a regular firefighter as a result of sickness or injury certified by an independent qualified medical practitioner to be due to his own misconduct, or

(d) subject to paragraph (3) and rule F2A, any period of absence from duty without pay, or

(e) 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), for the words from the beginning to “is serving”, substitute “The fire and rescue authority which employs a person”.

Section 38

In rule F2A (maternity, paternity and adoption leave), for “fire authority” (in both places), substitute “fire and rescue authority”.

Section 39

In rule F3 (previous service reckonable without payment)—

(a) in paragraph (a) for “a brigade”, substitute “employment with a fire and rescue authority”; and

(b) in paragraph (b), for “resumed service as a regular firefighter in the brigade”, substitute “again taken up employment with the fire and rescue authority as a regular firefighter”.

Section 40

In rule F4 (previous service reckonable on payment)—

(a) for paragraph (1), substitute—

(1) A person who—

(a) has retired from employment with a fire and rescue authority without a pension and without any transfer value or cash equivalent becoming payable by the authority, and

(b) has within 12 months, with the written consent, applied for before retiring, of the authority from which he retired, taken up employment as a regular firefighter with another fire and rescue authority, and

(c) within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part 1 of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(b) for paragraphs (3) and (4), substitute—

(3) A person who—

(a) has retired from employment with a fire and rescue authority with no pension other than an ill-health pension the unsecured portion of which has been terminated as mentioned in rule K1(3), and

(b) has again taken up employment as a regular firefighter with that or another fire and rescue authority, and

(c) within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 a sum calculated in accordance with paragraph 2 of that Part,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(4) A person who—

(a) has retired from employment with a fire and rescue authority with a deferred pension, and

(b) has by written notice to the authority relinquished the pension, and

(c) has again taken up employment as a regular firefighter with that or another fire and rescue authority, and

(d) within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(c) in paragraph (5), in sub-paragraph (a), for “the fire authority maintaining the brigade from which”, substitute “the fire and rescue authority from whose employment”.

Section 41

In rule F5 (period during which injury pension was payable)—

(a) for paragraph (1), substitute—

(1) A person who—

(a) retired from a brigade before 1st October 2004, or from employment with a fire and rescue authority on or after that date, and became entitled to an injury pension, and

(b) resumed service as a regular firefighter in that or another brigade before 1st October 2004, or took up employment with a fire and rescue authority on or after that date, in the circumstances and within the period mentioned in rule K1(1) to (4), and

(c) within 6 months of his resuming service, or taking up that employment, or such longer period as the fire authority, or as the case may be, the fire and rescue authority, may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period during which he was entitled to the injury pension (“the pension period”).

(b) in paragraph (2), after “rank he held”, insert “or, as the case may be, role he had”.

Section 42

In rule F6A (previous service reckonable following actionable loss) , for “fire authority” (in each place), substitute “fire and rescue authority”.

Section 43

In rule F6B (calculation of amount of restitution payment) , for “fire authority” (in each place), substitute “fire and rescue authority”.

Section 44

In rule F7 (receipt of transfer value) —

(a) in paragraph (1)—

(i) for “fire authority”, substitute “fire and rescue authority”; and

(ii) for “has become a regular firefighter in the brigade maintained by them” substitute “has taken up employment with them as a regular firefighter”; and

(b) in paragraph (4), in the definition of “B”, for “fire authority”, substitute “fire and rescue authority”.

Section 45

In rule F8 (transfer payments between fire authorities) , after paragraph (1), insert—

(1A) Where—

(a) after 29th September 2004, a person who retired from a brigade before 1st October 2004 (“the first employment”) takes up employment as a regular firefighter with a fire and rescue authority, or

(b) a person retires from employment with a fire and rescue authority (“the first FRA”) and takes up employment as a regular firefighter with another fire and rescue authority (“the second FRA”), and

(c) in either case becomes entitled under rule F4 to reckon as pensionable service the period he was entitled to reckon when he retired,

the authority responsible for the person in the first employment or, as the case may be, the first FRA, shall, subject to paragraph (2), pay to the second FRA a sum calculated in accordance with Part III of Schedule 6.

Section 46

In rule F9 (payment of transfer values) —

(a) in paragraph (1)—

(i) for “fire authority”, substitute “fire and rescue authority”; and

(ii) in sub-paragraph (a), for “serve as a regular firefighter in the brigade maintained by them”, substitute “be employed by the authority as a regular firefighter”;

(b) in paragraph (2)—

(i) for “fire authority”, in the first place those words appear, substitute “fire and rescue authority”; and

(ii) for “the fire authority”, in the second place those words appear, substitute “the authority”; and

(c) in paragraphs (5)(a) and (6)(b), for “fire authority”, substitute “fire and rescue authority”.

Section 47

In rule G1 (pensionable pay and average pensionable pay), for paragraph (1), substitute—

(1) Subject to paragraph (2), the pensionable pay of a regular firefighter is the amount determined in relation to the performance of the duties of his role (whether as a whole-time or part-time employee).

Section 48

In rule G2 (pension contributions), for “fire authority” (in both places), substitute “fire and rescue authority”.