Paragraph 3 Withdrawal of pension during service as firefighter

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

Sch. 1 Annex A1 inserted by Firefighters’ Pension Scheme 2012 art. 4
Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
Sch. 1 Pt. 13A inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch.
Sch. 1 Pt. 13B inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch. para. 4
Sch. 1 Pt. 9 rule 1 applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 art. 9(c)
Sch. 1 Pt. 9 rule 2 applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted by Firefighters’ Compensation Scheme and Pension Scheme 2015 art. 9(c)
Sch. 1 Pt. 9 rule 3(2) words omitted by Fire Reform (Pensions Amendments) 2013 art. 16(a)
Sch. 1 Pt. 13B omitted by Fire Reform (Pensions Amendments) 2013 art. 20
Sch. 1 Pt. 9 rule 3(4) omitted by Fire Reform (Pensions Amendments) 2013 art. 16(b)
sch. 1 Pt. 9 rule 5(3)(b) words inserted by National Security Act 2023 (Consequential Amendments of Subordinate Legislation) 2023 Sch. para. 21(2)
Sch. 1 Annex 3 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 17
Sch. 1 Annex AB1 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 15
Sch. 1 Annex ZA inserted by Firefighters’ Pension Scheme 2014 Sch. para. 13
Sch. 1 Pt. 9 rule 4 words inserted by Firefighters’ Pension Scheme 2014 Sch. para. 8

(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 service or volunteer service (whether from the same authority or from different authorities)–

(a)

resumes regular service, but does not resume retained service or volunteer service; or

(b)

resumes retained service or volunteer service, but does not resume regular service,

paragraph (1) applies only as regards the pension referable to the person’s previous retained service or, as the case may be, the person’s previous regular service.

(3)

An authority may abate a pension to which a person is entitled under Part 3 so long as the person 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 notice in writing to each authority by which a pension is payable to that person under Part 3, specifying the name of the person’s employing authority.