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Paragraph 1 Scheme membership

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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 2004f1.

(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.

Annotations

Footnotes

f1

2004 c.12. See also Schedule 36 to the Finance Act 2004, amended by the Finance Act 2005 (c.7), Schedule 10.