The Firemen’s Pension Scheme (Amendment No. 2) Order 1997

Explanatory Note

(This note is not part of the Order)

The Schedule to this Order amends the Firemen’s Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992.

Rule F6A, as inserted by paragraph 2 of the Schedule, makes provision in respect of a regular firefighter who has opted out of the Scheme or also transferred out of it, has instead made contributions to a personal pension scheme and has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986. Where such a person has cancelled that opt-out and has given notice whilst still a regular firefighter of returning to the Scheme, a transfer value may be made to the fire authority in respect of the lost service, or some of it. Rule F6B, as inserted by paragraph 2, makes provision for the calculation of the amount of the restitution payment.

The amendments made by paragraph 3(1) and (2) allow such a firefighter to cancel his election to opt out after his 45th birthday, which is the deadline that applies in other cases, and without being required to undergo a medical examination.

Paragraphs 1 and 3(3) make consequential amendments.