http://www.legislation.gov.uk/id/uksi/2004/1912/schedule

http://www.legislation.gov.uk/uksi/2004/1912/schedule/crossheading/part-h-determination-of-questions-and-appeals/made

The Firemen’s Pension Scheme (Amendment) Order 2004

Fire and rescue services

Fire regulations

Fire certificates

Fire

Paternity leave

King's Printer of Acts of Parliament

2012-10-01

FIRE SERVICES, ENGLAND AND WALES

PENSIONS, ENGLAND AND WALES

This Order amends the Firemen’s Pension Scheme, as set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (“the principal Order”), as it applies in England and Wales. The amendments are set out in the Schedule to this Order. The main changes are:to make provision for part-time regular firefighters to be treated the same as whole-time regular firefighters for the purposes of the Scheme, except that awards for part-time members will be reduced to take account of the fact that the member’s pensionable service will relate to a period of part-time service;to make provision for the making of contributions and counting as pensionable service periods during which a member is on maternity, paternity or adoption leave;to provide that when considering whether a disablement is permanent, the authority will consider whether the disablement will continue until the age the person would have otherwise retired;to amend the requirement to allocate a portion of pension to a beneficiary, so that the authority must be satisfied that the member has a normal life expectancy and to provide that a pension shall not be reduced by the allocated portion where the beneficiary has died;to reduce the period of pensionable service required to be entitled to a spouse’s ordinary pension and widow’s requisite benefit and temporary pension from 3 years to 2 years;to require a lump sum relating to a payment of periodical contributions for increased benefits to be paid within 3 months of the commencement of periodical contributions;to provide that when determining medical issues, the authority must obtain a binding written opinion from an independent qualified medical practitioner, who must certify that he is independent from the case; andto make changes to require an appellant, in certain circumstances, to pay the costs when he withdraws an appeal to the board of medical referees.

SCHEDULEAMENDMENTS TO THE FIREMEN'S PENSION SCHEME

Part H: Determination of questions and appeals

18

In rule H1 (determination by fire authority)—

a

in paragraph (2), for the words “and consider” to the end of the paragraph substitute “the written opinion of an independent qualified medical practitioner selected by them and the opinion of the independent qualified medical practitioner shall be binding on the fire authority.”;

b

after paragraph (2), insert—

2A
In his written opinion, the independent qualified medical practitioner must certify that—
a
he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and
b
he is not acting, and has not at any time acted, as the representative of the member, the fire authority, or any other party in relation to the same case.

c

in paragraph (3), delete “or practitioners”.

19

In rule H2 (appeal against opinion on a medical issue), in paragraph (3), for “a medical issue” substitute “any issue referred to in sub-paragraphs (a) to (f) of rule H1(2)”.