# The Police etc. and Fire Pensions (Modification) Order 1974, Article 4: Fire service pensions


(1) This Article shall have effect for the purposes of modifying the provisions made by or under any enactment relating to the payment of pensions to or in respect of members of fire brigades maintained by local authorities:
Provided that nothing in this Article shall affect any such provisions which relate to the payment of pensions to or in respect of the generality of persons employed by a local authority.
(2) For the purposes aforesaid any reference in any of the provisions first mentioned in paragraph (1) above to an old fire authority or to the fire brigade maintained by them shall, except when the context otherwise requires, be construed as a reference to the relevant new fire authority or to the fire brigade maintained by the relevant new authority.
(3) In this Article the expressions “old fire authority” and “new fire authority” mean, respectively, an authority which is a fire authority immediately before 1st April 1974 and an authority which is a fire authority on that date and, except where paragraph (4) below applies, in relation to an old fire authority, the expression “relevant new fire authority” means the authority for an area which comprises the whole, or the greater part, of the area for which the old authority was the fire authority, save that where the old fire authority is the council of the administrative county of Glamorgan or of Yorkshire, West Riding, it means the council of the county of Mid Glamorgan or, as the case may be, of West Yorkshire.
(4) In the case of a member of a fire brigade maintained by an old fire authority who is, on 1st April 1974, transferred to a fire brigade maintained by a new fire authority—
(a) in this Article, in relation to the old fire authority, the expression “relevant new fire authority” means that new fire authority, and
(b) where he held the rank of assistant divisional officer or any higher rank in the brigade first mentioned in this paragraph but suffers a reduction in rank attributable to his transfer, Article 96 of the Firemen's Pension Scheme 1973, set out in Appendix 2 to the Firemen's Pension Scheme Order 1973, (age of compulsory retirement) shall have effect as though he had not suffered such reduction in rank, unless he elects otherwise by notice in writing to his new fire authority.
(5) In the case of a member of a fire brigade maintained by an old fire authority who suffers loss of employment as a member of a fire brigade which is attributable to the provisions of Part I or II of the Local Government Act 1972, the Firemen's Pension Scheme 1973 shall have effect as though he had retired from his brigade having given due notice of retirement to the fire authority and, if that authority so agree, as though the notice of retirement had been given with their permission.

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Source: https://www.legislation.gov.uk/uksi/1974/432/article/4 (the official version)
Page: https://openlegislation.uk/police-etc-and-fire-pensions-modification-order-1974/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.