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16.—(1) This article applies to a regular firefighter—
(a)who is entitled to reckon at least 2 years’ pensionable service; or
(b)in respect of whom a transfer value attributable to his rights under a personal pension scheme has been paid into the scheme; or
(c)who is entitled to reckon pensionable service by virtue of both service as a regular firefighter and of a period of other employment which together amount to 2 years or more; or
(d)who has an earlier period of service as a regular firefighter which, disregarding breaks in service of not more than a month, is continuous and which, after deducting from it—
(i)any period during which an election under article 59 not to pay pension contributions had effect, and
(ii)any period of maternity or adoption leave which does not count as pensionable service as a result of article 47 or article 58
and aggregating the remainder with his pensionable service, amounts to 2 years or more.
(2) If a person to whom this article applies ceases to be a member of the fire and rescue service, or elects under article 59 not to pay pension contributions, in circumstances in which—
(a)no transfer value or cash equivalent is payable in respect of him; and
(b)he does not become entitled to any award under articles 13 to 15,
he becomes entitled to a deferred pension calculated in accordance with Part V of Schedule 2.
(3) If—
(a)a person to whom, when he was a regular firefighter, this article applied has been awarded an ill-health pension under article 15; and
(b)that pension is terminated under article 81 otherwise than on his re-deployment by the Board,
he becomes entitled to a deferred pension calculated in accordance with Part V of Schedule 2.
(4) A deferred pension becomes payable—
(a)from the 60th birthday of the person entitled to it; or
(b)from any earlier date on which he becomes permanently disabled for engaging in firefighting and performing any other duties appropriate to his former role as a firefighter, and no payment in respect of the pension shall be made for any earlier period.
(5) A person who under article 49(7)(b) relinquishes his entitlement to a deferred pension ceases to be entitled to it.
Commencement Information
I1ANNEX Scheme Pt. B art. 16 in operation at 1.4.2006, see art. 1(2)
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