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Pensions (Increase) Act 1971

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15 Adjustment of fire service pensions.E+W+S

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)Where a pension payable under the Firemen’s Pension Scheme is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, then—

(a)no increase shall be made by virtue of [F2section 1 above or section 59 of the M1Social Security Pensions Act 1975] in the flat rate or in any substituted pension computed by reference to the flat rate; . . . F3

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5)Where a pension payable under the Firemen’s Pension Scheme, or any such pension as is mentioned in paragraph 45 or 46 of Schedule 2 to this Act, is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, the grant shall have effect, in relation to any period beginning on or after 1st September 1971, as a grant at whichever rate is for the time being the higher after account is taken of the operation of this Act.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(7)The order to be made under section 6 above may omit any special provision which, apart from this subsection, would be required for pensions payable under the Firemen’s Pension Scheme or for pensions mentioned in paragraph 45 or 46 of Schedule 2 to this Act, if it appears to the Minister for the Civil Service, having regard in particular to any changes or proposed changes in the Scheme, that the provision is more appropriately or conveniently made by regulations under section 5(3) above.

(8)In this section “the Firemen’s Pension Scheme” means a scheme in force under section 26 of the M2Fire Services Act 1947; but nothing in this section shall authorise any alteration of provisions of the Scheme having effect by virtue of section 27(3) of that Act (which provides for certain features of previous arrangements to be incorporated in the Scheme where a person has so elected under the section), and subsection (4)(a) above shall not prevent an increase being made under this Act in the rate of a pension where the rate depends on section 27(3).

Textual Amendments

F3Word and s. 15(4)(b) repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

Modifications etc. (not altering text)

C1Ss. 11, 11A, 12, 13, 15 have effect as if any reference to the Minister for the Civil Service werea reference to the Treasury: SI 1981/1670, arts 2(1)(c), 3(5)

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