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The Firefighters’ Pension Scheme (England) Order 2006

S.I. 2006/3432 · Made 19 December 2006

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This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

FIRE AND RESCUE SERVICES, ENGLAND

PENSIONS, ENGLAND

Made 19th December 2006

Laid before Parliament 4th January 2007

Coming into force 25th January 2007

This Order is made in exercise of the powers conferred by sections 34 and 60 of the Fire and Rescue Services Act 2004f1.

In accordance with section 34(5) of that Act, the Secretary of State for Communities and Local Government consulted such persons as she considered appropriate before making the Orderf2.

The Secretary of State for Communities and Local Government makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c.21.

f2

Other consultations were undertaken by the First Secretary of State, whose responsibilities in relation to firefighters’ pensions became responsibilities of the Secretary of State for Communities and Local Government with effect from 5th May 2006. See also S.I. 2006/1926.

Contents

  1. 1Citation, commencement and application
  2. 2New pension scheme for firefighters in England
  3. 31992 scheme ceasing to have effect in England, with savings
  4. 4Continuation of schemes for retained firefighters
  5. Signature
  6. Schedule 1: THE NEW FIREFIGHTERS’ PENSION SCHEME (ENGLAND)
  7. Part 1: CITATION AND INTERPRETATION
  8. 1Citation
  9. 2Interpretation
  10. 3Disablement
  11. Part 2: SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
  12. 1Scheme membership
  13. 2Eligibility conditions
  14. 3Normal retirement age and normal benefit age
  15. 4Last day of membership
  16. 5Election not to make pension contributions
  17. 6Rejoining the Scheme
  18. Part 3: PERSONAL AWARDS
  19. 1Ordinary pension
  20. 2Award on ill-health retirement
  21. 3Deferred pension
  22. 4Cancellation of deferred pension
  23. 5Pension on member-initiated early retirement
  24. 6Pension on authority-initiated early retirement
  25. 7Entitlement to two pensions
  26. 8Refund of aggregate pension contributions
  27. 9Commutation: general
  28. 10Commutation: small pensions
  29. 11Allocation of pension
  30. 12Pension debit members
  31. Part 4: SURVIVORS’ PENSIONS
  32. Chapter 1: SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
  33. 1Pensions for surviving spouses, civil partners and nominated partners
  34. 2Amount of survivor’s pension: general
  35. 3Amount of survivor’s pension: special cases
  36. 4Bereavement pension: survivors
  37. 5Commutation of pensions for surviving spouses, civil partners and nominated partners
  38. Chapter 2: CHILDREN’S PENSIONS
  39. 6Child’s pension
  40. 7Child’s pension: limitations and duration
  41. 8Amount of child’s pension
  42. 9Bereavement pension: children
  43. 10Pension for child where no survivor’s pension paid
  44. 11Child’s pension in respect of pension debit member
  45. 12Commutation of child’s pension
  46. Part 5: AWARDS ON DEATH
  47. 1Death grant
  48. 2Post-retirement death grant
  49. Part 6: PENSION SHARING ON DIVORCE
  50. 1Pension credit member’s entitlement to pension
  51. 2Commutation of whole of pension credit benefits
  52. 3Commutation of part of pension credit benefits
  53. 4Application of general rules
  54. 5Post-retirement death grant: pension credit members
  55. Part 7: RESERVISTS
  56. 1Interpretation of Part
  57. 2Continuity of employment
  58. 3Awards on death or permanent disablement
  59. 4Reservists who do not resume employment with their former authority
  60. Part 8: DETERMINATION OF QUESTIONS AND APPEALS
  61. 1Interpretation of Part 8
  62. 2Determinations and decisions by fire and rescue authority
  63. 3Review of medical opinion
  64. 4Appeals against decisions based on medical advice
  65. 5Appeals on other issues
  66. Part 9: REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
  67. 1Review of ill-health pension
  68. 2Consequences of review
  69. 3Withdrawal of pension during service as firefighter
  70. 4Withdrawal of early payment of deferred pension
  71. 5Withdrawal of pension on conviction of certain offences
  72. 6Forfeiture of award
  73. Part 10: QUALIFYING SERVICE AND PENSIONABLE SERVICE
  74. 1Qualifying service
  75. 2Reckoning of pensionable service
  76. 3Non-reckonable service
  77. 4Reckoning of unpaid period of absence
  78. 5Reckoning of maternity, paternity and adoption leave, etc
  79. 6Calculation of pensionable service
  80. Part 11: PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
  81. Chapter 1: PENSIONABLE PAY AND PENSION CONTRIBUTIONS
  82. 1Pensionable pay
  83. 2Final pensionable pay
  84. 3Pension contributions
  85. 4Optional pension contributions during maternity and adoption leave
  86. Chapter 2: PURCHASE OF ADDITIONAL SERVICE
  87. 5Purchase of additional service
  88. 6Election to purchase additional service
  89. 7Duration of periodical contributions and premature cessation
  90. 8Discontinuance and resumption of periodical contributions
  91. 9Periodical contributions in respect of periods of unpaid service or absence
  92. 10Effect of purchasing additional service by lump sum payment
  93. Part 12: TRANSFERS INTO AND OUT OF THE SCHEME
  94. Chapter 1: INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
  95. 1Interpretation of Part 12
  96. 2Entitlement to transfer value payment
  97. Chapter 2: TRANSFERS OUT OF THE SCHEME
  98. 3Applications for statements of entitlement
  99. 4Applications for transfer value payments
  100. 5Ways in which transfer value payments may be applied
  101. 6Calculating amounts of transfer value payments
  102. 7Effect of transfers-out
  103. Chapter 3: TRANSFERS INTO THE SCHEME
  104. 8Applications for acceptance of transfer value payment from another scheme
  105. 9Procedure for applications under rule 8
  106. 10Acceptance of transfer value payments
  107. 11Calculation of transferred-in pensionable service
  108. Chapter 4: TRANSFERS BETWEEN ENGLISH AUTHORITIES
  109. 12Transfer of pension history between English authorities
  110. Chapter 5: MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
  111. 13Interpretation of Chapter 5
  112. 14Mis-sold pensions
  113. 15Calculation of amount of restitution payment
  114. Part 13: FIREFIGHTERS’ PENSION FUND
  115. 1Firefighters’ Pension Fund: payments, receipts and transfers
  116. 2Payments and transfers into Firefighters’ Pension Fund
  117. 3Transfers from Firefighters’ Pension Fund
  118. 4Excess amounts: information
  119. 5Excess amounts: estimated deficits
  120. 6Excess amounts – estimated surpluses
  121. 7Excess amounts – actual deficits
  122. 8Excess amounts – actual surpluses
  123. 9Duty to provide information
  124. 10Duty to have regard to guidance
  125. Part 14: PAYMENT OF AWARDS
  126. 1Authorities responsible for payment of awards
  127. 2Deduction of tax and lifetime allowance charges
  128. 3Payment of awards
  129. 4Pensions under more than one contract of employment
  130. 5Payments for minors and persons incapable of managing their affairs
  131. 6Payment of awards; further supplementary provision
  132. Part 15: MISCELLANEOUS PROVISIONS
  133. 1Guaranteed minimum pensions, etc.
  134. 2Survivors’ guaranteed minimum pensions
  135. 3Information for authorities
  136. 4Annual benefit statements
  137. 5Death of retained or volunteer firefighter before Firefighters’ Pension Scheme (England) Order 2006 in force
  138. 6Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006
  139. Part ANNEX 1: ILL–HEALTH PENSIONS
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. Part ANNEX 2: APPEALS TO BOARD OF MEDICAL REFEREES
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. 5Paragraph 5
  149. 6Paragraph 6
  150. 7Paragraph 7
  151. 8Paragraph 8
  152. 9Paragraph 9
  153. 10Paragraph 10
  154. 11Paragraph 11
  155. Schedule 2: TRANSITIONAL ARRANGEMENTS
  156. 1Regular firefighters who became members of the 1992 scheme on or after 6th April 2006
  157. 2Options for active members of the 1992 Scheme
  158. 3Calculation of transferred-in pensionable service
  159. Explanatory note