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(1) This Order may be cited as the Firefighters’ Pension Scheme (England) Order 2006 and shall come into force on 25th January 2007, but shall have effect from 6th April 2006.
(2) This Order applies in relation to England only .
The New Firefighters’ Pension Scheme (England), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by English fire and rescue authorities as firefighters (including persons who die while so employed), shall have effect.
(1) Subject to paragraphs (2) and (3), the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (“the 1992 scheme”) shall not have effect in relation to a person who takes up employment with an English fire and rescue authority on or after 6th April 2006.
(2) Paragraph (1) shall not apply to a person who—
(a) transfers to the employment of an English fire and rescue authority from employment with a fire and rescue authority in Scotland or Wales or with the Northern Ireland Fire and Rescue Service Board; and
(b) immediately before 6th April 2006, was a member of the firefighters’ pension scheme established by the authority from whose employment he transfers.
(3) Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 scheme on taking up employment with an English fire and rescue authority—
(a) on the date on which this Order comes into force—
(i) the 1992 scheme shall cease to have effect in relation to him, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and
(ii) the provisions of the New Firefighters’ Pension Scheme (England) shall have effect in relation to him; and
(b) pensionable service that was reckonable service for the purposes of the 1992 scheme shall be treated as pensionable service reckonable under the New Firefighters’ Pension Scheme (England).
(4) The 1992 scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it.
(1) This article applies where, immediately before the date on which this Order comes into force, an English fire and rescue authority maintain a scheme for the payment of pensions to and in respect of retained firefighters (“the retained scheme”).
(2) Subject to paragraph (3), the authority may continue to maintain the retained scheme on and after the date on which this Order comes into force, for the benefit of persons who were members of that scheme before 6th April 2006, as if it were a scheme established under the Fire and Rescue Services Act 2004.
(3) The authority must not—
(a) in respect of a retained firefighter who becomes a member of the New Firefighters’ Pension Scheme (England), make any contribution to the retained scheme on or after the date on which the firefighter’s membership of that Scheme commences, or
(b) use their Firefighters’ Pension Fund for the making of employer’s contributions to the retained scheme.
(4) In this article “retained firefighter” means a person employed by a fire and rescue authority—
(a) as a firefighter, but not as a regular firefighter, and
(b) who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives.
This Scheme (which, by virtue of article 1(1) of the Firefighters’ Pension Scheme (England) Order 2006, has effect from 6th April 2006) may be cited as the New Firefighters’ Pension Scheme (England).
(1) Subject to paragraph (2), a person of any of the following descriptions is entitled to be a firefighter member of this Scheme—
(a) a person who, on or after 6th April 2006, takes up employment with an authority as a firefighter, and whose role on taking up that employment includes—
(i) resolving operational incidents, or
(ii) leading and supporting others in the resolution of operational incidents;
(b) a person who—
(i) having taken up employment as a firefighter before 6th April 2006,
(ii) having continued in such employment until the date of his election, and
(iii) having been a member of the 1992 Scheme,
elects to become a member of this Scheme; and
(c) a person to whom article 3(3) of the Firefighters’ Pension Scheme (England) Order 2006 refers (persons becoming members of the 1992 Scheme on taking up employment with an authority on or after 6th April 2006 and before that Order comes into force).
(2) A person may not be a firefighter member of this Scheme if he makes a contributions election (but he may again become a firefighter member by virtue of rule 6(4)).
(3) A person is a deferred member of this Scheme if he is entitled to a deferred pension under rule 3 of Part 3.
(4) A person is a pensioner member of this Scheme if he is in receipt of a pension or other benefits under the Scheme in respect of his pensionable service or by reason of service credited to the Scheme under Part 12.
(5) A person is a dependent member of this Scheme if he is—
(a) the spouse or civil partner of a deceased firefighter member;
(b) the nominated partner of a deceased firefighter member;
(c) a pension credit member in relation to a firefighter member;
(d) the child of a person who is a member of the Scheme by virtue of sub-paragraph (a) or (b) of paragraph (1), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or
(e) is in receipt of a portion of a firefighter’s pension allocated under rule 11 of Part 3.
(6) For the purposes of paragraph (5), a firefighter member may nominate (a “nominated partner”) a person who—
(a) has been living with the firefighter member, otherwise than as his spouse or civil partner, in a long-term relationship; and
(b) at the date on which the question of the person’s status in relation to the firefighter member falls to be considered—
(i) is not the spouse or civil partner of any other person,
(ii) is registered with the scheme administrator as the firefighter member’s nominated partner, and
(iii) is financially dependent on the firefighter member or is, with the firefighter member, in a state of mutual financial dependency,
but this is subject to paragraph (8).
(7) In paragraph (6)—
(a) “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of two years ending with the date on which the question of the person’s status in relation to the firefighter member falls to be considered, or such shorter period as the authority may in any particular case think fit; and
(b) “scheme administrator” has the meaning given by section 270 of the Finance Act 2004 .
(8) A firefighter member may not make a nomination under paragraph (6) if (under the law of England and Wales) he is prohibited from marrying or, as the case may be, becoming the civil partner of the person he wishes to nominate.
(9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters in to a civil partnership (whether with each other or with another person).
(10) Where a person who is—
(a) employed by more than one authority, or
(b) employed by a particular authority under more than one contract of employment,
is entitled to be a member of this Scheme, he shall be a member of it in respect of each employment; but he shall not be a member by virtue of any employment in respect of which he makes a contributions election that is not cancelled.
(1) Subject to paragraph (2), this rule applies to a person who satisfies an eligibility condition and retires, having reached normal retirement age, or state pensionable age.
(2) This rule does not apply to a firefighter member whose notice of retirement states that he is retiring for the purpose of taking up employment with another authority.
(3) A person to whom this rule applies becomes entitled on retiring to an ordinary pension calculated, subject to paragraph (4), by multiplying his pensionable service by his final pensionable pay and dividing the resultant amount by 60.
(4) Where a person to whom this rule applies becomes entitled on retiring to a pension in respect of service as a retained or volunteer firefighter, his ordinary pension shall be calculated by multiplying his final pensionable pay by his pensionable retained or volunteer service and dividing the resultant amount by 60.
(5) Where a firefighter member is entitled to more than one ordinary pension, those pensions shall not be aggregated unless rule 7(6) applies.
(1) Subject to the following provisions of this rule, a pension is payable on the death of—
(a) a firefighter member who satisfies an eligibility condition and dies while employed by an authority; or
(b) a former firefighter member who—
(i) has been awarded a deferred pension under rule 3 of Part 3 which has not come into payment,
(ii) is in receipt of a deferred pension under that rule; or
(iii) is in receipt of a pension under any of rules 1, 2, 5 and 6 of Part 3,
to the deceased’s spouse, civil partner or nominated partner for the remainder of his life (a “survivor’s pension”).
(2) A survivor’s pension is not payable if the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the murder of the deceased; but this is subject to paragraph (4).
(3) Subject to paragraph (5), where the deceased’s spouse, civil partner or nominated partner (as the case may be) is convicted of the manslaughter of the deceased, the authority may, as they think fit, withhold the survivor’s pension—
(a) in whole or in part, and
(b) permanently or temporarily.
(4) Where a conviction of the description mentioned in paragraph (2) is quashed on appeal—
(a) a survivor’s pension shall be payable from the day after that on which the deceased died, and
(b) the authority shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued.
(5) Where—
(a) a conviction of the description mentioned in paragraph (3) is quashed on appeal, and
(b) the authority have withheld any part of the survivor’s pension,
the authority’s decision under paragraph (3) shall be treated as revoked and they shall, as soon as reasonably practicable after the conviction is quashed, pay the arrears of pension accrued from the day after that on which the deceased died.
(6) Nothing in paragraph (4) or (5) shall affect the application of paragraph (2) or (3) if the person whose conviction is quashed is subsequently convicted of the murder or manslaughter of the deceased.
(1) On the death of a person while serving as a firefighter member, the authority shall pay a death grant of an amount ascertained in accordance with the following provisions of this rule (whether or not a pension is payable under any other Part).
(2) Subject to paragraphs (3) to (5) and, where paragraph (8) applies, paragraph (9), the amount is three times that of the deceased’s pensionable pay at the time of his death, expressed as an annual rate.
(3) Where—
(a) the deceased was a whole-time firefighter member at the time of his death,
(b) had he lived, the deceased would have been entitled to two pensions under rule 7 of Part 3, and
(c) the product of the following formula is greater than three times that of the deceased’s pensionable pay at the time of his death, expressed as an annual rate—
3 × ( ( A × B C ) + ( D × E C ) ) ,where
A is the amount of the deceased’s pensionable pay on his last day of service that would have been used in the calculation of his pension under rule 7(3) of Part 3,
B is the deceased’s pensionable service that would have been used in that calculation,
C is the deceased’s qualifying service,
D is the deceased’s pensionable service that would have been used in the calculation of his pension under rule 7(4) of Part 3, and
E is the deceased’s pensionable pay at the time of his death,
the amount of the death grant is that greater amount.
(4) Where the deceased was a part–time firefighter member at any time during his period of service (whether or not he was a whole–time firefighter member for part of that period), the amount of the death grant is the greater of—
(a) three times his pensionable pay at the time of his death (which, if he was then employed part–time, would be calculated at the part–time rate), expressed as an annual rate; and
(b) the product of the formula F G × H × 3 , where—
F is the deceased’s pensionable service,
G is the deceased’s qualifying service, and
H is the pensionable pay that he would have received if, throughout his period of service, he had been a whole–time firefighter of equivalent role and length of service;
(5) Where the deceased—
(a) had become entitled to two pensions under rule 7(1) of Part 3 at the time of his death; and
(b) had been a part–time firefighter member during the period of service in respect of which he was entitled to a second pension under rule 7(4) of that Part (whether or not he had been a whole–time firefighter member for part of that period),
the amount is whichever is the greatest of—
(i) three times his pensionable pay at the time of his death, expressed as an annual rate,
(ii) the product of the formula specified in paragraph (3), and
(iii) the product of the formula specified in paragraph (4).
(6) Where the deceased was absent from duty without pay immediately before the day on which he died, his pensionable pay for the purposes of this rule, subject to paragraph (8), shall be taken to be the amount, expressed as an annual rate, of the pay appropriate to his role and conditioned hours on the last occasion that he received it.
(7) In paragraph (6), “conditioned hours” means the number of hours that the deceased was required to work each week under the terms of his contract of employment.
(8) The pensionable pay of a person who—
(a) had made an election under rule 4 of Part 10 (reckoning of unpaid period of absence), and
(b) dies before making any payment under paragraph (2) of that rule,
shall be taken to be the amount, expressed as an annual rate, of the pensionable pay that would have been paid if the period of the person’s absence from duty without pay had reckoned as pensionable service.
(9) Where paragraph (8) applies, the death grant shall be abated by the amount due to the authority under rule 4(1) of Part 10.
(10) Subject to paragraph (11), the death grant may be paid, in whole or in part, to such person or persons as the authority think fit.
(11) The authority must not pay any part of a death grant to a person who is convicted of the murder or manslaughter of the deceased, but this is subject to paragraph (12).
(12) Where a conviction of the description mentioned in paragraph (11) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay part of it to the person whose conviction is quashed.
(1) A pension credit member is entitled to a pension for life which becomes payable—
(a) when he attains the age of 65, or
(b) if it is later, when the pension sharing order under which he is entitled to the pension credit takes effect.
(2) The pension must be of such an amount that its actuarial value is equal to the member’s pension credit, as calculated from tables prepared by the Scheme Actuary and in accordance with regulations made under paragraph 5(b) of Schedule 5 to the 1999 Act.
In this Part—
“the 1996 Act ” means the Reserve Forces Act 1996 ;
“forces period” means the period during which a person undertakes relevant service in the reserve forces;
“former authority”, in relation to a reservist, means the authority by which he was employed immediately before his forces period began;
“qualifying injury” means an injury, received by a person in the performance of his duties as a firefighter, which is not wholly or mainly due to his own serious and culpable negligence or misconduct;
“relevant service in the reserve forces” means service in the forces specified in section 1(2) of the 1996 Act—
in pursuance of a training obligation under Part 3 of that Act, or
by virtue of a call out for permanent service or a recall under the Reserve Forces Act 1980 or Part 7 of the 1996 Act; and
“reservist” means a person who, immediately before a forces period, was a firefighter.
In this Part—
“ IQMP ” means independent qualified medical practitioner; and
“rule 3 response” means an IQMP’s response under rule 3(2).
(1) So long as a person—
(a) has been in receipt of an ill–health pension for less than 10 years, and
(b) is under state pensionable age,
the authority shall consider, at such intervals as they think proper, whether he has become capable—
(i) of performing any duty appropriate to the role from which he retired on grounds of ill–health, and
(ii) of undertaking regular employment.
(2) The authority shall, at such intervals as they think proper, consider in relation to a person whose deferred pension is being paid early by virtue of rule 3(4) of Part 3 (early payment of deferred pension on permanent disablement), the same matters as they are required to consider in relation to persons of the description mentioned in paragraph (1).
For the purposes of this Scheme, the following periods are periods of a person’s qualifying service—
(a) the period during which the person is a firefighter member of the Scheme and for which he receives pensionable pay;
(b) any period during which the person—
(i) is a firefighter member of the Scheme,
(ii) is on unpaid leave other than unauthorised absence,
(iii) has made an election under rule 4(1) of this Part, and
(iv) has paid such contributions as are required to be paid under paragraph (2) of that rule in respect of that period;
(c) in relation to the second pension under rule 7 of Part 3 (entitlement to two pensions), the period of qualifying service taken into account in calculating the first pension under that rule;
(d) any period of additional service purchased under Part 11;
(e) a period credited on acceptance of a transfer under Part 12;
(f) where the person was a member of the 1992 Scheme, the period of service used for determining his eligibility for an award under that Scheme; and
(g) any period of service that may be credited to the firefighter member resulting from maternity, paternity or adoption leave.
(1) Subject to paragraph (3) and rule 3(3), the pensionable pay of a firefighter member is the aggregate of—
(a) his pay in relation to the performance of the duties of his role, other than any allowance or emoluments that are paid to him on a temporary basis, and
(b) his permanent emoluments (including, in the case of a retained firefighter, any retaining allowance).
(2) Where a firefighter member surrenders the right to receive part of his pensionable pay in exchange for the provision by his employing authority of any non–cash benefit, the amount forgone shall continue to be treated as part of his pensionable pay for all purposes of this Scheme (including determining pension contributions and calculating awards).
(3) A firefighter member’s pensionable pay in any tax year shall be taken not to include any amount in excess of the permitted maximum for that year.
(4) For the purposes of this rule and rule 2, the permitted maximum for a tax year is £108,600; but in relation to a tax year other than the tax year ending in 2007, this is subject to paragraph (5).
(5) Where the retail price index for the month of December in the tax year preceding the tax year in question is higher than it was for the previous December, the permitted maximum for the tax year in question shall be the amount arrived at—
(a) by increasing the permitted maximum for the previous tax year by the same percentage as the percentage increase in the retail prices index, and
(b) if the result is not a multiple of £600, by rounding it up to the nearest amount which is a multiple of £600.
In this Part—
“guaranteed cash equivalent transfer value payment” means a payment of the description mentioned in rule 4(2); and
“public sector transfer arrangements” means arrangements approved by the Secretary of State as providing reciprocal arrangements for the payment and receipt of transfer values between this Scheme and other occupational pension schemes.
(1) The Firefighters’ Pension Fund established and maintained by the authority for the purposes of the 1992 Scheme (“the FPF ”), shall be used also for the purposes of payments and receipts required or authorised to be made by or under any provision of this Scheme.
(2) Without prejudice to the generality of paragraph (1), there shall be credited to the FPF or, where a transfer is made to the FPF from any other fund maintained by the authority, credited to the FPF and debited to that other fund—
(a) sums receivable from firefighters in respect of periods treated as reckonable by virtue of rule 4 of Part 10 (reckoning of periods of unpaid leave or unauthorised absence),
(b) sums receivable under rule 10 of Chapter 3 of Part 12 (receipt of transfer value payments),
(c) sums receivable from a Scottish or Welsh fire and rescue authority or the Northern Ireland Fire and Rescue Service Board by way of transfer value payments in respect of persons who take up employment with the authority, and
(d) amounts of the descriptions mentioned in paragraphs (2) and (3) of rule 2 of this Part.
(3) Without prejudice to the generality of paragraph (1), there shall be payable out of the FPF or, if a transfer is made from the FPF to any other fund maintained by the authority, debited to the FPF and credited to that other fund—
(a) sums payable under rule 8 of Part 3 (repayment of aggregate of employee’s contributions),
(b) awards payable under any provision of this Scheme (including the commuted portion of a pension to which rule 9 of Part 3 (commutation: general) applies); and
(c) sums payable under Chapter 2 of Part 12 by way of transfer value payments.
(4) Every amount paid or repaid to or by an authority under this Part shall be credited or, as the case may be, debited, to their FPF.
(5) In this Part—
(a) references to the total amount payable out of an authority’s FPF do not include references to any amount which the Secretary of State required the authority to pay to him under any of rules 5 to 8;
(b) references to the total amount credited to the authority’s FPF do not include references to any amount which the Secretary of State pays to the authority for crediting to their FPF under any of rules 5 to 8.
(1) An award payable to or in respect of a person by reason of his having been employed as a regular firefighter is payable by the authority by whom he was last so employed.
(2) An award payable under Part 6 (pension-sharing on divorce) to or in respect of a pension credit member, and any sum paid in commutation of such an award, is payable by the authority which employed the pension debit member from whose rights the pension credit member’s award is derived when the pension sharing order took effect.
(1) Subject to paragraph (8), paragraphs (2) to (5) of this rule apply where a member has an entitlement to a guaranteed minimum pension under section 14 of the 1993 Act (his “guaranteed minimum”).
(2) If, apart from this rule—
(a) no pension would be payable to the member under this Scheme; or
(b) the weekly rate of the pension payable would be less than his guaranteed minimum,
a pension, the weekly rate of which is equal to his guaranteed minimum, is payable to the member for life from the date on which he reaches state pensionable age.
(3) Subject to paragraph (4) if, when the member reaches state pensionable age—
(a) he is still in employment which entitles him to be a member of this Scheme (“scheme employment”)”; or
(b) where he is not in scheme employment, he consents to a postponement of his entitlement under paragraph (2),
paragraph (2) does not apply until he leaves employment.
(4) If the member—
(a) continues in employment for a further period of five years after reaching state pensionable age, and
(b) does not then leave it,
he is entitled from the end of that period to so much of his pension under this rule as equals his guaranteed minimum, unless he consents to a further postponement of the entitlement.
(5) Where paragraph (3) or (4) applies, the amount of the pension to which he is entitled under this rule shall be increased in accordance with section 15 of the 1993 Act.
(6) This paragraph applies where a person has ceased to be in employment that is contracted-out by reference to the Scheme, and either—
(a) all his rights to benefits under the Scheme, except his rights in respect of his guaranteed minimum or his rights under section 9(2B) of the 1993 Act (“his contracting-out rights”), have been transferred under Part 12, or
(b) he has no rights to benefits under the Scheme apart from his contracting-out rights.
(7) Subject to paragraph (8), where paragraph (6) applies—
(a) from the date on which the person reaches state pensionable age, he is entitled to a pension payable for life at a weekly rate equal to his guaranteed minimum, and
(b) from the date on which he reaches normal retirement age he is entitled to a lump sum and pension in respect of his rights under section 9(2B) of the 1993 Act,
but a person falling within paragraph (6) is not to be regarded as a pensioner for the purposes of Part 5 (awards on death).
(8) This rule does not apply if—
(a) any part of the person’s pension is withdrawn permanently under rule 5 of Part 9 following his conviction of an offence of a description specified in paragraph (3) of that rule (treason and certain offences under the Official Secrets Acts 1911 to 1989); or
(b) the pension is commuted under rule 10 of Part 3 (commutation: small pensions).
(1) Except in a case to which sub-paragraph (2) applies, the annual amount of the lower tier ill–health pension to which a person is entitled on ill–health retirement shall be calculated by multiplying his pensionable service by his final pensionable pay and dividing the resultant amount by 60.
(2) Where a person is subject to ill–health retirement, the annual amount of his lower tier ill–health pension shall be calculated by multiplying his pensionable service by his reference pay and dividing the resultant amount by 60.
(3) For the purposes of sub-paragraph (2), the pensionable service of a retained firefighter is the same proportion of whole-time service as that which his actual annual pensionable pay bears to his reference pay.
(1) Subject to sub–paragraph (2), written notice of appeal against a decision on an issue of a medical nature stating—
(a) the appellant’s name and address, and
(b) the grounds of the appeal,
must be given to the authority within 28 days of the date on which the appellant receives the documents referred to in rule 4(4) of Part 8; and where the appellant receives those documents on different dates, they shall be treated for this purpose as received on the later or latest of those dates.
(2) Where—
(a) notice of appeal is not given within the period specified in sub-paragraph (1), but
(b) the authority are of the opinion that the person’s failure to give it within that period was not due to his own default,
they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub–paragraph (1), as they think fit.
(1) In this Scheme—
“the 1992 Scheme ” means the Firefighters’ Pension Scheme 1992 ;
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“adoption leave” means leave under sections 75A and 75B of the Employment Rights Act 1996 ; and “ordinary adoption leave” and “additional adoption leave” shall be construed accordingly;
“amount”, in relation to a pension, means the annual amount of the pension;
“authority”, except in the definition of “independent qualified medical practitioner” and in the expression “fire authority”, means a fire and rescue authority”;
“authority-initiated early retirement” means retirement before normal retirement age under rule 6 of Part 3;
“award”, unless a contrary indication appears, means a pension or lump sum under this Scheme, or the refund of pension contributions;
“cash equivalent” has the meaning given by section 94(1)(a) of the 1993 Act;
“child”, in relation to a scheme member, means—
a child who is financially dependent on him, and is—
a natural child, step-child or adopted child of his; or
otherwise related to him; or
the child of his spouse, civil partner or nominated partner; or
any child of his—
who is born after his death, and
with whom the child’s mother was pregnant at the date of the member’s death;
“ Compensation Scheme ” means the Firefighters’ Compensation (England) Scheme 2006 set out in Schedule 1 to the Firefighters’ Compensation (England) Order 2006 ;
“contracted–out”, in relation to an employment or scheme, has the meaning given by section 8(1) of the 1993 Act ;
“contributions equivalent premium” has the meaning given by section 55(2) of the 1993Act; and any reference to a case in which a contributions equivalent premium has been paid includes a reference to a case in which such a premium is payable;
“contributions election” means an election under rule 5(1) of Part 2 not to make pension contributions;
“deferred member” has the meaning given by rule 1(3) of Part 2;
“disabled” and “disablement” have the meanings given by rule 3 of this Part;
“eligibility condition” means a condition set out in rule 2(1) of Part 2;
“final pensionable pay” shall be construed in accordance with rule 2 of Chapter 1 of Part 11;
“firefighter member” has the meaning given by rule 1(1) of Part 2;
“guaranteed minimum” is the amount determined for the purposes of sections 13 to 17 of the 1993 Act, and “guaranteed minimum pension” has the same meaning as in that Act ; and any reference to the guaranteed minimum in relation to a pension under a pension scheme at a particular time is a reference to the amount certified by the Secretary of State as that minimum at that time;
“higher tier ill–health pension” means a pension of the description referred to in rule 2(4) of Part 3;
“ill-health retirement” means retirement under rule 2 of Part 3;
“independent qualified medical practitioner” means a medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 ;
“injury” means any injury or disease, whether of body or mind;
“lower tier ill-health pension” means a pension of the description referred to in rule 2(3) of Part 3;
“maternity leave” means leave under sections 71 and 73 of the Employment Rights Act 1996 ; and “ordinary maternity leave” and “additional maternity leave” shall be construed accordingly;
“member-initiated early retirement” means retirement before normal retirement age under rule 5 of Part 3;
“nominated partner” has the meaning given by rule 1(2) of Part 2;
“normal benefit age” has the meaning given by rule 3(2) of Part 2;
“normal retirement age” has the meaning given by rule 3(1) of Part 2;
“paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;
“pension”, unless a contrary intention appears, means a pension under this Scheme;
“pensionable pay” shall be construed in accordance with rule 1 of Part 11;
“pensionable retained or volunteer service”, in relation to a retained or volunteer firefighter and any period, means the same proportion of whole-time service as that which his actual pensionable pay for that period bears to his reference pay for that period;
“pensionable service” shall be construed in accordance with rules 2 to 5 of Part 10;
“pension credit” means a credit under section 29(1)(b) of the 1999 Act, or corresponding Northern Ireland legislation;
“pension credit benefit” has the meaning given by section 101B of the 1993 Act ;
“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995 ;
“pension credit rights” has the meaning given by section 101B of the 1999 Act;
“pension debit” means a debit under section 29(1)(a) of the 1999 Act;
“pension debit member” means a person whose benefits or future benefits under this Scheme have been reduced under section 31 of the 1999 Act;
“pensioner”, except in the definition of “pensioner member”, means a person who is in receipt of a pension;
“pensioner member” has the meaning given by rule 1(4) of Part 2;
“pension sharing order” means an order or provision mentioned in section 28(1) of the 1999 Act;
“personal pension scheme” has the meaning given by section 1 of the 1993 Act;
“qualifying service” has the meaning given by rule 1 of Part 10;
“reference pay”, in relation to the pay of a retained or volunteer firefighter for any period, means the whole-time equivalent pensionable pay for that period of a regular firefighter employed in a similar role and with equivalent qualifying service;
“regular employment” means employment for at least 30 hours a week on average over a period of not less than 12 consecutive months beginning with the date on which the issue of the person’s capacity for employment arises;
“regular firefighter” means a person employed (whether whole-time or part-time) by an authority—
as a firefighter, but not as a retained or volunteer firefighter,
on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting); and
otherwise than in a temporary capacity;
“retained firefighter” and “volunteer firefighter” mean a person employed by an authority—
as a firefighter, but not as a regular firefighter,
on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting),
otherwise than in a temporary capacity, and
who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders that he receives,
and “retained or volunteer firefighter” shall be construed accordingly;
“role”, in relation to a firefighter, except in rule 1(1) of Part 2, means the role in which he is for the time being employed, being a role set out in “Fire and Rescue Services Rolemaps” issued by the National Joint Council for Local Authority Fire and Rescue Services in August 2005 ;
“state pensionable age” means pensionable age as determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 ;
“survivor’s pension” means a pension under rule 1 of Part 4; and
“transfer value payment” means a payment to another pension scheme or arrangement in respect of rights to benefits that have accrued to or in respect of him under this Scheme .
(2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
(1) A firefighter member is eligible for a pension under this Scheme if—
(a) he has at least three months’ qualifying service; or
(b) he transfers into the Scheme with personal pension rights which qualify him for benefits under the Scheme; or
(c) he reaches normal retirement age.
(2) In paragraph (1)(b) “personal pension rights” has the meaning given by section 71 of the 1993 Act .
(1) This rule applies to a firefighter member who leaves his employment by reason of permanent disablement (referred to in this Scheme as “ill–health retirement”).
(2) Every firefighter member to whom this rule applies and who satisfies an eligibility condition is entitled, on retiring, to a lower tier ill–health pension calculated in accordance with paragraph 1 of Annex 1 to this Scheme.
(3) A firefighter member—
(a) who is entitled to a lower tier ill–health pension,
(b) who has at least five years of qualifying service, and
(c) in respect of whom an independent qualified medical practitioner has expressed the opinion, obtained in accordance with rule 2(2) of Part 8, that he is permanently disabled from undertaking regular employment,
is also entitled, on retiring, to a higher tier ill–health pension calculated in accordance with paragraph 2 or 3 of Annex 1, as his circumstances require.
(1) Subject to rule 3, the amount of a survivor’s pension—
(a) in respect of a firefighter member who satisfies an eligibility condition and dies while employed by an authority, is half of the higher tier ill–health pension to which he would have been entitled under rule 2(4) of Part 3 had he retired with the benefit of an ill–health award;
(b) in any other case, subject to paragraphs (2) and (3), is half of the pension to which the deceased was entitled.
(2) Where a portion of the deceased’s pension had been commuted under rule 9 of Part 3, the amount of the survivor’s pension is half of the deceased’s pension after commutation.
(3) Where the deceased had taken member-initiated early retirement, the amount of the survivor’s pension is—
(a) half of the amount of the pension which the deceased would have received if there had been no actuarial reduction; or
(b) where a portion of the deceased’s pension had been commuted, the amount found by dividing by 2 the product of A and B, where—
A is the amount which the deceased would have received if there had been no actuarial reduction; and
B is the fraction which represents the uncommuted portion of A expressed as a fraction of A.
(1) Where—
(a) a pension under any of rules 1 to 3, 5 or 6 of Part 3 is in payment; and
(b) the pensioner dies within five years of the pension coming into payment,
the authority shall pay, by way of post-retirement death grant, an amount equal to the difference between—
(i) the amount that they would have paid to the pensioner in that five year period, disregarding any increase in the pension that might have become payable after his death, and
(ii) the amount paid to him before his death (including any lump sum that he may have received on commutation under rule 9 or 10 of Part 3).
(2) Paragraphs (9) to (11) of rule 1 shall apply in relation to a grant under this rule as they apply in relation to a death grant.
(1) In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions), the authority may, with the agreement of the pension credit member, commute for a lump sum the whole of the pension to which a pension credit member is entitled under rule 1 if, after commutation, the lump sum would be a trivial commutation lump sum death benefit within the meaning of paragraph 20 of Schedule 29 to the Finance Act 2004.
(2) The lump sum under paragraph (1) is the actuarial equivalent of the pension at normal benefit age, calculated from tables prepared by the Scheme Actuary.
(1) For the purposes of this Scheme, a reservist shall be treated as having continued, throughout his forces period—
(a) to be a firefighter; and
(b) for the purposes of his pensionable service under Part 10, to be employed by his former authority.
(2) Where, before his forces period, a reservist had elected to purchase additional service under Chapter 2 of Part 11 by periodical contributions, his forces period is not reckonable as pensionable service unless the contributions payable in respect of it are paid (whether during his forces period or, if the authority have agreed that contributions may be discontinued as mentioned in paragraph (2) of rule 8 of Part 11 (discontinuance period not exceeding six months), in accordance with that paragraph).
(3) For the purposes of calculating the amount of a reservist’s pension contributions under rule 3 of Chapter 1 of Part 11—
(a) the pay that he would have received from his former authority during his forces period shall be regarded as his pay for that period (his “notional pay”); and
(b) in respect of any period during his forces period in which the aggregate of—
(i) his actual pay; and
(ii) any payments he receives under section 4 of the 1996 Act,
is less than his notional pay for that first-mentioned period, he shall be treated as having no pensionable pay (and, accordingly, no liability to make pension contributions) .
(1) The question whether a person is entitled to any and, if so, what awards, shall be determined in the first instance by the authority.
(2) Subject to paragraph (6), before deciding, for the purpose of determining that question or any other question arising under this Scheme—
(a) whether the person is disabled,
(b) whether any disablement is likely to be permanent,
(c) whether the person has become capable of performing any duties of the role from which he retired on grounds of ill–health,
(d) whether the person is or has become capable of undertaking regular employment, or
(e) any other issue wholly or partly of a medical nature,
the authority shall obtain the written opinion of an IQMP selected by them.
(3) The IQMP must certify in his opinion under paragraph (2)—
(a) that he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested, and
(b) that he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.
(4) An IQMP’s opinion under paragraph (2) shall be binding on the authority unless it is superseded by his rule 3 response or the outcome of an appeal under rule 4.
(5) Where, in consequence of an opinion given under paragraph (2), an employee has retired on grounds of ill–health, the IQMP who gave the opinion may, if so requested by the authority for the purposes of a review under rule 1(1) of Part 9, give a further opinion.
(6) If—
(a) the person concerned wilfully or negligently fails to submit himself to medical examination by the IQMP selected by the authority, and
(b) the IQMP is unable to give an opinion on the basis of the medical evidence available to him,
the authority may make a decision on the issue—
(i) on such other medical evidence as they think fit, or
(ii) without medical evidence.
(7) Within 14 days of making a decision or determination under this rule, the authority shall—
(a) give written notice of it to the person concerned, and
(b) in the case of a decision on an issue wholly or partly of a medical nature, unless paragraph (6) applies, supply him with a copy of the opinion obtained under paragraph (2).
(1) If, on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a higher tier ill–health pension has become capable of undertaking regular employment, his entitlement to that pension shall cease with immediate effect.
(2) Subject to paragraph (3), a lower tier ill–health pension shall continue to be paid to a person who ceases to be entitled to a higher tier ill–health pension.
(3) If—
(a) on such consideration as is mentioned in rule 1(1), it is found that a person who is in receipt of a lower tier ill–health pension has become capable of performing the duties appropriate to the role from which he retired on grounds of ill–health, and
(b) the authority make him an offer of employment in that role (“a paragraph (3)(b) offer”),
his entitlement to a lower tier ill–health pension shall cease, with immediate effect, whether he accepts or declines the offer.
(4) A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under rule 3 of Part 3.
(5) If, on such consideration as is mentioned in rule 1(2), it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment, his entitlement to early payment of the deferred pension shall cease with immediate effect.
(1) Subject to paragraph (6), for the purposes of this Scheme, a person’s pensionable service accrues as pension contributions are paid, and consists of—
(a) any period in respect of which he has paid pension contributions as a member of this Scheme;
(b) any period of service taken into account for the purposes of an award under rule 3 (deferred pension) or rule 7 (entitlement to two pensions) of Part 3 where, on again taking up employment with an authority—
(i) he becomes a member of the Scheme; and
(ii) in accordance with rule 4 of Part 3 (cancellation of deferred pension), the award under rule 3 or rule 7 is cancelled;
(c) any period which he is entitled to reckon as pensionable service under rule 4 (reckoning of unpaid period of absence) or rule 5 (reckoning of maternity, paternity and adoption leave, etc) of this Part or under any of rules 5 to 9 of Part 11;
(d) any period of pensionable service taken into account for the purposes of an ill–health award under rule 2 of Part 3, other than any period included by way of enhancement, where—
(i) the award is cancelled under rule 2 of Part 9; and
(ii) he remains a member of this Scheme (whether or not as an employee of the authority which made the award);
(e) if he rejoins this Scheme on again taking up employment with an authority, any period of service as a former member of the Scheme, in respect of which—
(i) no pension has been paid;
(ii) no refund of pension contributions has been made; and
(iii) no transfer value payment has been made; and
(f) any period of service credited to the Scheme as pensionable service on acceptance of a transfer into the Scheme under Part 12.
(2) The pensionable service of a firefighter member may not exceed 45 years.
(3) A person may not—
(a) buy additional service if that would increase his pensionable service to more than 40 years by normal retirement age; or
(b) transfer service into the Scheme if the aggregate of—
(i) that service,
(ii) his prospective service to normal retirement age, and
(iii) any service already accrued in the Scheme,
would exceed 40 years by normal retirement age.
(4) Any additional period of service purchased or in the process of being purchased under Part 11 is reckonable as pensionable service; but where only a portion of the pension contributions payable in respect of a period of additional service have been paid, only the equivalent portion of the period is reckonable as pensionable service.
(5) Subject to paragraph (6), an additional period of service purchased or in the process of being purchased under Part 11 is to be taken into account for the purposes of determining—
(a) the amount of pension payable to the firefighter member or to his survivors; and
(b) the amount of service a firefighter member has or may accrue in the Scheme.
(6) An additional period of service is not to be taken into account in assessing—
(a) the amount of the higher tier ill-health pension included in a higher tier ill–health award under Part 3; or
(b) the amount of a death grant under Part 5.
(1) For the purpose of calculating pensions under this Scheme, the final pensionable pay of a firefighter member is the aggregate of pensionable pay received in respect of the 365 pensionable pay days ending with the relevant date, but this is subject to the following paragraphs of this rule.
(2) Subject to paragraph (3), “the relevant date” for the purposes of paragraph (1)—
(a) in relation to a firefighter member who is entitled to two pensions under rule 7 of Part 3, means—
(i) as regards the first pension, the date on which he was last paid at the higher rate (before changing roles and accepting a reduction in pensionable pay);
(ii) as regards the second pension, the last day of his membership of the Scheme or, if he dies in service, the date of his death;
(b) in any other case, means the date of the firefighter member’s last day of pensionable service or, if he dies in service, the date of his death;
(3) Where a firefighter member’s final pensionable pay would have been more than the amount calculated in accordance with paragraph (1) if the relevant date had occurred on the corresponding day in either of the two periods of 365 pensionable pay days preceding the first day of the period of 365 pensionable pay days ending with the relevant date (as defined in paragraph (2) without reference to this paragraph), that corresponding day in whichever of those periods produces the higher amount shall be treated as the relevant date for the purposes of paragraph (1).
(4) Subject to paragraph (6), where a firefighter member is entitled to count only part of a year as a period of membership of the Scheme (“the membership period”), his final pensionable pay is the amount of pensionable pay received in the membership period multiplied by 365 and divided by the number of days in the membership period.
(5) For the purposes of paragraph (1), any reduction of pensionable pay as a result of—
(a) sick leave;
(b) stoppage of pay by way of punishment;
(c) ordinary maternity leave, ordinary adoption leave or paternity leave;
(d) paid additional maternity leave or additional adoption leave;
(e) unpaid periods in respect of which the firefighter member has paid pension contributions; or
(f) unpaid additional maternity leave or additional adoption leave in respect of which pension contributions have been paid,
shall be disregarded.
(6) The final reference pay of a retained or volunteer firefighter shall be determined by reference to the equivalent whole–time rate of pay for a regular firefighter of similar service, role and experience.
(7) A firefighter member’s final pensionable pay in any tax year shall be taken not to include any amount in excess of the figure which is the permitted maximum for that year.
(1) This Part supplements the rights conferred by Chapter IV of Part IV of the 1993 Act (transfer values) (“Chapter IV”).
(2) Subject to rule 12 (transfer of pension history between English authorities), a firefighter member or deferred member—
(a) to whom Chapter IV applies , and
(b) who is not a pension credit member or pensioner member of this Scheme,
is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of him under this Scheme.
(3) Subject to the provisions of this Part, any former firefighter member, other than a pensioner member, is entitled to require such a payment as if such rights had accrued to or in respect of him by reference to the pensionable service he is entitled to count under this Scheme (and references in this Part to his accrued rights or benefits are to be read accordingly).
(4) Paragraph (3) does not apply if the contributions the former member has paid during the period of service ending with his ceasing to be a firefighter member are refunded under rule 8 of Part 3 and, where applicable, in accordance with Chapter V of Part IV of the 1993 Act.
(5) Paragraphs (2) and (3) do not apply to rights that are directly attributable to a pension credit.
(1) Each authority shall make transfers into their FPF in accordance with the following paragraphs of this rule.
(2) In each financial year beginning with the financial year ending on 31st March 2007, each authority shall, by transfer to their FPF from any other fund maintained by them, make a contribution towards the discharge of their future liability for the payment of pensions under this Scheme.
(3) The amount of the contribution under paragraph (2) shall be such percentage of the authority’s estimate of the aggregate of the pensionable pay, as regards the year in respect of which the contribution is made, of those firefighters employed by the authority who are required to make pension contributions in that year, as shall have been determined and notified to them for that year by the Secretary of State.
(4) In respect of each firefighter employed by the authority who retires with an entitlement to immediate payment of a higher tier ill-health pension under rule 2 of Part 3, the authority shall transfer into the FPF such amount as shall be determined and notified to them by the Secretary of State as the higher tier ill-health charge applicable in respect of that pension.
(5) In respect of each firefighter employed by the authority who retires—
(a) with an entitlement to immediate payment of a lower tier ill-health pension under rule 2 of Part 3; and
(b) with no entitlement to a higher tier ill-health pension,
the authority shall transfer into the FPF such amount as shall be determined and notified to them by the Secretary of State as the lower tier ill-health charge applicable in respect of that pension.
(6) The amount to be transferred under paragraph (4) or (5) shall be transferred in three equal instalments.
(7) The first instalment shall be transferred on the date on which the employee retires.
(8) The second instalment shall be transferred on 1st April in the financial year that follows the financial year in which the first instalment was transferred.
(9) The third instalment shall be transferred on 1st April in the financial year that follows the financial year in which the second instalment was transferred.
(10) Where a pension is paid under rule 6 of Part 3 (authority-initiated early retirement), an amount equal to the difference between the amount of the pension paid and the amount that would have been paid had a pension been payable from the same date under rule 5 of that Part (member-initiated early retirement), shall be transferred to the FPF from any other fund maintained by the authority.
Where any payment that an authority are required to make under this Scheme is chargeable to tax or subject to a lifetime allowance charge under the Finance Act 2004 , they shall deduct the amount of tax charged or to be recovered from the payment.
(1) Subject to paragraph (3), this rule applies in relation to a firefighter member’s surviving spouse or civil partner who has a guaranteed minimum pension under section 17 of the 1993 Act in relation to benefits under Chapter 1 of Part 4 of this Scheme in respect of the deceased member.
(2) If apart from this rule—
(a) no pension is payable to the surviving spouse or civil partner under this Scheme; or
(b) the weekly rate of the pension payable is less than his guaranteed minimum,
a pension, of which the weekly rate is equal to his guaranteed minimum, is payable to the surviving spouse or civil partner from the date on which the deceased died until the death of the surviving spouse or civil partner.
(3) This rule does not apply if—
(a) any part of the firefighter member’s pension has been withdrawn permanently under rule 5 of Part 9 following his conviction of an offence of a description specified in paragraph (3) of that rule (treason and certain offences under the Official Secrets Acts 1911 to 1989);
(b) the firefighter member’s pension has been commuted under rule 10 of Part 3; or
(c) the survivor’s pension has been commuted under rule 5 of Part 4.
The annual amount of the higher tier ill–health pension of a whole-time firefighter shall be calculated in accordance with the formula—
where—
A is the pensionable service accrued in the Scheme before his ill–health retirement,
B is—
the pensionable service that he would have accrued from the date of his ill–health retirement until his normal retirement age had he continued to be a contributing member of the Scheme (his “prospective service”); or
if the aggregate of his actual pensionable service and his prospective service is more than 40 years, the difference between 40 years and his actual pensionable service, and
C is his final pensionable pay.
(1) On receiving a notice of appeal, the authority shall supply the Secretary of State with three copies of—
(a) the notice of appeal,
(b) the notice of the relevant decision,
(c) the opinion, response or evidence (as the case may be) supplied to the appellant, and
(d) every other document in their possession or under their control which appears to them to be relevant to the issue that is the subject of the appeal.
(2) The Secretary of State shall refer an appeal to a board of medical referees (“the board”).
(1) References in this Scheme to a person’s being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.
(2) Disablement—
(a) in relation to a firefighter member, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to perform any duties of the role in which he was last employed;
(b) in relation to a child, means such incapacity, occasioned by infirmity of mind or body, as makes him unable to earn a living.
(3) In determining whether a person’s disablement is permanent, the authority shall have regard—
(a) in every case, to whether the disablement will continue until the person’s normal retirement age; and
(b) in relation to a person who has taken a deferred pension, to whether the disablement will continue until his normal benefit age.
(4) Where—
(a) a person has left the Scheme with deferred entitlement to benefits before becoming disabled, and
(b) the date on which he becomes disabled cannot be ascertained,
the date shall be taken to be that on which the claim that he is disabled is first made known to the authority.
(1) The normal retirement age of firefighter members is 60.
(2) The normal benefit age of firefighter members is 65.
(1) This rule applies to a firefighter member who—
(a) satisfies an eligibility condition; and
(b) before reaching normal retirement age—
(i) resigns or is dismissed from the authority’s employment; or
(ii) makes a contributions election.
(2) A person to whom this rule applies is entitled to a deferred pension which, subject to paragraph (4) and rule 5, becomes payable from normal benefit age.
(3) A deferred pension shall be calculated by multiplying the person’s pensionable service by his final pensionable pay and dividing the resultant amount by 60.
(4) Subject to rule 4 of Part 9 (withdrawal of early payment of deferred pension), where—
(a) a person to whom this rule applies gives to the authority by whom he was last employed written notice requesting early payment of his deferred pension, and
(b) the authority are satisfied, having obtained the opinion of an independent qualified medical practitioner in accordance with rule 2(2) of Part 8, that the person is permanently disabled from undertaking regular employment,
the authority shall pay the deferred pension from the date of the person’s disablement or, if that date cannot be ascertained, the date of his request for early payment.
(5) Where a deferred pension is paid early in accordance with paragraph (4), it shall be subject to review under rule 1(2) of Part 9 (review of ill-health pension).
(6) A person who cancels his deferred pension under rule 4 ceases to be entitled to it.
(1) Subject to paragraph (2), where the person entitled to a survivor’s pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the survivor’s age exceeds, by more than twelve years, that of the deceased, shall be applied to the rule 2 amount.
(2) Where the application of paragraph (1) would result in the payment of a survivor’s pension of less than 50 per cent. of the rule 2 amount, the survivor’s pension shall be 50 per cent. of the rule 2 amount.
(3) Where—
(a) a pension debit member satisfies an eligibility condition and dies while employed by an authority,
(b) a survivor’s pension is payable under rule 1 on his death, and
(c) a pension sharing order or, in the case of a surviving civil partner, an order to similar effect, had effect on the day on which the pension debit member died,
the amount of the survivor’s pension shall be ascertained with regard to the terms of that order.
(4) In paragraphs (1) and (2), “the rule 2 amount” means the amount that would have been ascertained in accordance with rule 2 if that rule were not subject to paragraphs (1) to (3) of this rule.
(5) For the purposes of paragraph (1), a part of a year shall be treated as a whole year.
(1) Subject to paragraph (3), a pension credit member may commute for a lump sum a portion of the pension to which he is entitled or prospectively entitled under rule 1 (“the commuted portion”).
(2) The commuted portion must not exceed—
(a) one quarter of the amount of the pension; or
(b) the annual rate of the pension for the first year that it is payable, disregarding—
(i) the reduction resulting from the application of this rule, and
(ii) any reduction resulting from the application of any other provision of this Scheme.
(3) Paragraph (1) does not apply if the pension debit member from whose rights the pension credit member’s pension credit is derived has received a lump sum under rule 9 of Part 3 (commutation: general) before the date on which the pension sharing order takes effect.
(4) A person who wishes to commute a portion of a pension under paragraph (1) must give the authority written notice of commutation not later than the day before the pension comes into payment and not earlier than four months before—
(a) the date on which the person attains normal benefit age, or
(b) the date on which the pension sharing order takes effect,
whichever is the later.
(5) Notice of commutation must specify the commuted portion.
(6) A person’s notice of commutation takes effect on the date on which the pension under rule 1 becomes payable.
(7) When a person’s notice of commutation takes effect, the authority shall—
(a) reduce the pension by the commuted portion,
(b) calculate the lump sum by multiplying by 12 the amount of the person’s pension represented by the commuted portion at the date of retirement, and
(c) pay him the lump sum as soon as reasonably practicable after—
(i) the date on which he attains normal benefit age, or
(ii) the date on which the pension sharing order takes effect,
whichever is the later.
(1) A reservist who, at the end of his forces period, is permanently disabled for performing the duties of a firefighter by reason of an infirmity that—
(a) is unrelated to any injury received during his forces period; and
(b) is not a qualifying injury,
is entitled to an award under rule 2 of Part 3 (award on ill-health retirement).
(2) Where a reservist dies—
(a) during his forces period;
(b) from the effects of an injury which rendered him incapable of performing the duties of a firefighter; or
(c) while receiving a pension under this Scheme,
an award shall be payable in accordance with paragraph (3) or (4).
(3) Where the reservist’s death—
(a) is not the result of a qualifying injury, and
(b) occurs during his forces period,
a survivor’s pension under Chapter 1 of Part 4 is payable to his spouse, civil partner or nominated partner (as the case may be) as if the reservist were a firefighter member entitled as mentioned in rule 1(a) of that Part.
(4) Where the reservist’s death occurs during his forces period and is not the result of a qualifying injury—
(a) a child’s pension is payable under Chapter 2 of Part 4 as if—
(i) the reservist were a firefighter member who died while employed by an authority; and
(ii) paragraphs (1)(c), (2) and (3) of rule 8 were omitted; and
(b) a death grant is payable under rule 1 of Part 5.
(1) Where—
(a) new evidence on an issue wholly or partly of a medical nature is presented to the authority by a person in respect of whom a decision has been made under rule 2,
(b) the authority receive that evidence—
(i) where a copy of an opinion was supplied in accordance with paragraph (7) of rule 1, within 28 days of the receipt by that person of that copy, and
(ii) in any other case, within 28 days of the receipt by that person of notice of the authority’s decision, and
(c) the authority and the person concerned agree that the IQMP should be given the opportunity of reviewing his opinion in the light of the new evidence,
the authority shall send a copy of the new evidence to the IQMP and invite him to reconsider his opinion.
(2) An IQMP’s response to an invitation under paragraph (1) shall be in writing.
(3) An IQMP’s rule 3 response shall be binding on the authority unless it is superseded by the outcome of an appeal under rule 4.
(4) As soon as reasonably practicable after receiving a rule 3 response, the authority shall reconsider their decision.
(5) Within 14 days of that reconsideration, the authority shall—
(a) give written notice to the person concerned that they have confirmed their decision or revised their decision (as the case may be),
(b) if they have revised their decision, supply him with written notice of the revised decision, and
(c) supply him with a copy of the rule 3 response.
(1) Subject to paragraph (2), the authority by which a pension under Part 3 is payable may withdraw the whole or any part of the pension for any period during which the person entitled to it is again employed as a firefighter by any authority.
(2) Where a person who is entitled to pensions under this Scheme in respect of both regular and retained or volunteer service (whether from the same authority or from different authorities)—
(a) resumes regular service, but does not resume retained or volunteer service, or
(b) resumes retained or volunteer service, but does not resume regular service,
paragraph (1) applies only as regards the pension referable to his previous retained or volunteer service or, as the case may be, his previous regular service.
(3) An authority may abate a pension to which a person is entitled under Part 3 so long as he is employed (in whatever capacity) by any authority.
(4) A person who—
(a) is entitled to a pension under Part 3, and
(b) accepts an offer of employment with an authority (in whatever capacity),
shall, as soon as reasonably practicable after accepting that offer, give written notice to each authority by which a pension is payable to him under Part 3, specifying the name of his employing authority.
The following periods are not reckonable as pensionable service—
(a) any period of unpaid leave, other than a period that is reckonable by virtue of rule 4 of this Part;
(b) any period of service that has been taken into account for the purposes of a pension under rule 3 of Part 3 (deferred pension) that has not been cancelled under rule 4 of that Part;
(c) any period of absence resulting from sickness or injury attributable to the person’s misconduct which the authority determine should be unpaid leave;
(d) any period of additional maternity or adoption leave in respect of which the person entitled has declined to pay the required contributions; and
(e) any period of service that is pensionable service by virtue of any other provision of this Part.
(1) A firefighter member shall pay pension contributions to the authority at the rate of 8.5% of his pensionable pay for the time being.
(2) The contributions payable under paragraph (1) may be deducted by the authority from each instalment of pensionable pay as it becomes due, but this is subject to any other method of payment that may be agreed between the authority and the member.
(3) For the purposes of this rule, the pensionable pay of a firefighter member during a period of maternity, paternity or adoption leave shall be the pay that the person receives for that period including the value of any statutory maternity, paternity or adoption pay under the Social Security Contributions and Benefits Act 1992 .
(1) A member who requires a transfer value payment to be made must apply in writing to the authority for a statement of the amount of the cash equivalent of the member’s accrued benefits under the Scheme at the guarantee date (“a statement of entitlement”).
(2) In this Chapter, “the guarantee date” means any date that—
(a) falls within the required period,
(b) is chosen by the authority,
(c) is specified in the statement of entitlement, and
(d) is within the period of ten days ending with the date on which the member is provided with the statement of entitlement.
(3) In counting the period of ten days referred to in paragraph (2)(d), Saturdays, Sundays, Christmas Day, New Year’s Day and Good Friday are excluded.
(4) In paragraph (2) “the required period” means—
(a) the period of three months beginning with the date of the member’s application for a statement of entitlement, or
(b) such longer period (not exceeding six months beginning with that date) as may reasonably be required if, for reasons beyond the control of the authority, the requisite information cannot be obtained to calculate the amount of the cash equivalent.
(5) The member may withdraw the application for a statement of entitlement by written notice at any time before the statement is provided.
(6) Where, in any period of twelve consecutive months, a member—
(a) has made, and not withdrawn, two applications for a statement of entitlement, and
(b) makes a third (or subsequent) application,
the authority shall not be required to entertain the application if it is not accompanied by a payment of such amount as the authority may reasonably require.
(1) Where, in consequence of a review under rule 1 of Part 9—
(a) a higher tier ill-health pension is cancelled before all the instalments of the higher tier ill-health charge in respect of that pension have been transferred in accordance with rule 2 of this Part; and
(b) a lower tier ill-health pension continues to be paid,
the amount referred to in paragraph (2) shall be transferred from the FPF to any other fund maintained by the authority.
(2) The amount is an amount equal to the difference between—
(a) the aggregate of such instalments of the higher tier ill-health charge as have been transferred in accordance with rule 2; and
(b) the aggregate amount that would have been transferred if—
(i) the lower tier ill-health charge had always applied in respect of the pension, and
(ii) instalments of that charge had been transferred on the dates on which instalments of the higher tier ill-health charge were transferred.
(3) For the purposes of ascertaining the amount to be transferred in accordance with paragraph (2), the authority concerned shall request the Secretary of State to determine the amount of the notional lower tier ill-health charge in respect of the pension concerned.
(4) Where a person declines an offer of employment under rule 2(3)(b) of Part 9 and does not again take up employment with an authority in England—
(a) paragraph (4) or (5) of rule 2 of this Part (as the case may be), shall be disregarded in his case (to the extent that it remains to be complied with); and
(b) the authority which made the offer—
(i) shall not make any transfer into the FPF in respect of him as regards any time after the date on which they receive notice that the offer has been rejected; and
(ii) shall transfer from the FPF to any other fund maintained by them an amount equal to the aggregate of the instalments that have been transferred to the FPF in respect of the pension that has been terminated.
(5) Where—
(a) a higher tier ill-health pension or a lower tier ill-health pension is wholly and permanently withdrawn under any provision of Part 9; and
(b) the former recipient of that pension does not again take up employment with an authority in England,
paragraph (4) or (5) of rule 2 of this Part (as the case may be), shall be disregarded in his case (to the extent that it remains to be complied with); and the authority shall transfer from the FPF to any other fund maintained by them an amount equal to the aggregate of the instalments that have been transferred to the FPF in respect of the pension that has been cancelled.
The Firefighters’ Pension Scheme (England) Order 2006 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2006-3432
Contains public sector information licensed under the Open Government Licence v3.0.
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