The Firefighters’ Pension Scheme (Amendment) (No. 3) (England) Order 2013

Transitional provision

3.—(1) This article applies to an amendment made to Schedule 2 to the 1992 Order by article 2 of and the Schedule to the 2013 Order which applies in relation to the pensions which are being paid or may become payable under the Scheme to or in respect of persons who, having served in an employment, service in which qualifies persons to participate in the benefits for which the Scheme provides, have ceased to serve therein before 1st July 2013(1) (whether or not they have subsequently recommenced any such service) or have died before that date.

(2) Any person who is placed in a worse position than he or she would have been in if an amendment to which this article applies had not been made in relation to any pension which is being paid or may become payable to that person may elect that the amendment shall not apply in relation to that pension(2).

(3) Any such election shall be made by giving written notice to the relevant fire and rescue authority within the period of 12 months starting with the date on which this Order comes into force.

(1)

The date on which the Firefighters’ Pension Scheme (Amendment) (No. 2) (England) Order 2013 (S.I. 2013/1392) came into force.

(2)

See section 12(4A) of the Superannuation Act 1972 which limits the effect of any such election in certain circumstances.