Regulation 16 Retirement compensation payable to a person who would have become entitled to a pension
Subject as hereinafter provided, where a person to whom this Part of these Regulations applies who has not attained the age of compulsory retirement would, if he had continued to serve as a regular fireman, have become entitled to retire with an ordinary or ill-health pension under the Firemen's Pension Scheme, he shall become entitled to claim, in lieu of any compensation to which he would otherwise be entitled under these Regulations, compensation calculated in accordance with paragraph (2) of this Regulation.
Compensation payable to a person in accordance with this Regulation shall, subject as hereinafter provided, be payable at an annual rate equal to that of—
the ordinary or ill-health pension to which he would have become entitled as aforesaid, calculated by reference to his average pensionable pay (or, where appropriate, his pensionable pay) immediately before he ceased to serve as a regular fireman; or
his notional pension calculated in accordance with Regulation 21 of these Regulations,
whichever is the less.
On receipt of a claim under paragraph (1) of this Regulation, the compensating authority shall consider forthwith whether the claimant is a person to whom that paragraph applies, and within three months after the date of the receipt of the claim—
if they are satisfied that he is not such a person, they shall notify him in writing accordingly; and
if they are satisfied that he is such a person, they shall assess the amount of compensation payable to the person, and notify him in writing accordingly,
and any such notification shall, for the purposes of these Regulations, be deemed to be a notification by the authority of a decision on a claim to compensation.
If a claimant wishes to receive compensation under this Regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under the last preceding paragraph or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.
In the case of a person who claims, for the purposes of paragraph (1) of this Regulation, that he would, if he had continued to serve as a regular fireman, have become entitled to retire with an ill-health pension under the Firemen's Pension Scheme, the compensating authority may require him to submit himself to a medical examination by a registered medical practitioner selected by that authority, and, if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration, together with the report of the medical practitioner selected by them.
If the compensating authority so agree, in the case of a person who would have become entitled to retire with an ordinary pension, as aforesaid, if his notice of retirement were given with the permission of the fire authority, it shall be assumed for the purposes of this Regulation that he would have obtained such permission.
If the compensating authority so agree, in the case of a person in whose case the Firemen's Pension Scheme had effect subject to the modifications set out in section 27(3) of the Fire Services Act 1947, no account shall be taken, for the purposes of this Regulation, of any modification which has the effect that—
a person's entitlement to a pension is conditional on the chief officer of the fire brigade concerned giving a certificate that he has served with zeal and fidelity, or
the grant of a pension may be refused on account of misconduct or on account of any of the grounds on which the pension, if granted, would be liable to be forfeited or withdrawn.