Statutory Instruments
PENSIONS
Made
31st January 1964
Laid before Parliament
10th February 1964
Coming into Operation
2nd March 1964
In exercise of the powers conferred on them by sections 2 and 15 of the Superannuation (Miscellaneous Provisions) Act 1948, as extended by section 9 of the Fire Services Act 1959, the Secretary of State and the Minister of Housing and Local Government hereby make the following Rules:-
1. For Rule 1 of the Superannuation (National Fire Service and Fire Brigades) Transfer Rules 1962(1) (which makes provision as to the persons to whom those Rules apply) there shall be substituted the following Rules:-
1. These Rules shall apply in the case of a person who-
(a)immediately before 1st April 1948 was a temporary member of the National Fire Service;
(b)on or after 1st April 1948 but before 1st July 1948 entered employment in, or in connection with, a fire brigade, being employment otherwise than as a regular fireman on duties carried out under the direction of the chief officer of the brigade;
(c)is in employment by virtue of which he is, or is deemed to be, a contributory employee or a local Act contributor within the meaning of the Local Government Superannuation Act 1937 and is entitled to reckon service for the purposes of the said Act of 1937 or the local Act scheme, as the case may be, by virtue of the employment mentioned in the preceding sub-paragraph, and
(d)before 2nd September 1964 notifies the local authority maintaining the superannuation fund to which he is then a contributor that he desires these Rules to apply to him.".
2.-(1) The definition of the expression "control and watch room duties" in Rule 6(1) of the said Rules of 1962 shall be omitted therefrom.
(2) After the definition of the expression "local Act scheme" in the said Rule 6(1) there shall be inserted the following definition:-
"-˜regular fireman' means
3. These Rules may be cited as the Superannuation (National Fire Service and Fire Brigades) Transfer Rules 1964 and shall come into operation on 2nd March 1964.
Given under my hand on 28th January 1964.
Henry Brooke
One of Her Majesty's Principal Secretaries of State
Given under the official seal of the Minister of Housing and Local Government on 31st January 1964.
L.S.
Keith Joseph
Minister of Housing and Local Government
These Rules amend the Superannuation (National Fire Service and Fire Brigades) Transfer Rules 1962 which provide, in the case of a person to whom they apply who is pensionable under the Local Government Superannuation Act 1937 or a local Act scheme, for the reckoning for pension purposes of temporary service in the National Fire Service.
For the 1962 Rules, as originally made, to have applied a person must, first, have served as a temporary member of the National Fire Service until 31st March 1948 and secondly, on 1st April 1948 have entered specified fire brigade employment, that is to say employment on fire brigade control and watch room duties pensionable under the 1937 Act or a local Act scheme. Thirdly, he must have been entitled to reckon that period of employment for pension purposes and fourthly, he must before 1st August 1962 have given notice that he wished the Rules to apply in his case.
The present Rules extend the class of persons to whom the 1962 Rules apply by relaxing the second and fourth conditions. As respects the second condition, they provide for the application of the 1962 Rules to a person who entered the specified employment at any time within the period of 3 months up to 1st July 1948 and extend the specified employment to include employment on any fire brigade duties (otherwise than as a regular fireman), whether or not that employment was pensionable. As respects the fourth condition, they extend the time for giving notice until 2nd September 1964. The first and third conditions remain unchanged and for the 1962 Rules to apply a person must still have become entitled to reckon for pension purposes his period of specified employment.
(1962 I, p. 96).