Chwilio Deddfwriaeth

THE FIRE SERVICES (PENSIONABLE EMPLOYMENT) REGULATIONS, 1948.

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  • Y Diweddaraf sydd Ar Gael (Diwygiedig)
  • Gwreiddiol (a wnaed Fel)

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

3.—(1) Where a former professional fireman subject to the Act of 1925, being a person in whose case Regulation 1 or 2 of these Regulations has effect by reason that he has so elected under that Regulation, would, by virtue of subsection (2) of section eight of the Act of 1925 have been entitled, if his former authority had so allowed, and if he had paid to his former authority a sum provided for in the said subsection, to reckon any period of service in a fire brigade maintained by another authority, or in a police force, as approved service for the purpose of the said act, then—

(a)in the case of person who enters upon employment under a local authority—

(i)where that authority are his former authority, if they agree,

(ii)where that authority are not his former authority, if his former authority agree and make to that authority such payment as is provided in paragraph (2) of Regulation 10 of these Regulations, and

(iii)in either case, if he has paid, or pays, to his former authority the sum provided for in the said sub-section (2) as aforesaid,

that person shall be entitled to reckon such said period of service as contributing service or, where the authority under which he becomes employed are a local Act authority, as local Act scheme service, under, in either case, the authority under which he becomes employed as aforesaid, and any such period of service is hereafter in these Regulations referred to as an “extra period of service”;

(b)in the case of a person who enters upon employment in the civil service of the Crown—

(i)if his former authority agree and make to the Secretary of State such payment as is provided in the said paragraph (2) of Regulation 10, and

(ii)if he has paid, or pays, to his former authority the sum provided for in the said subsection (2) as aforesaid,

the said period of service shall be aggregated with the service treated by virtue of Regulation 2 of these Regulations as continuous service of that person in an established capacity in the civil service of the State, and any period of service so aggregated is hereafter in these Regulations referred to as an “extra period of service”.

(2) Where by virtue of subsection (2) of section twenty-two of the Act of 1925 the pension or gratuity which would have been granted to any such person as aforesaid if he had retired while a member of his former local brigade might, at the discretion of his former authority, if he had paid to that authority such sum as, in accordance with the said subsection, that authority might fix, have been increased to an amount not exceeding the pension or gratuity to which that person would have been entitled if his past pensionable service within the meaning of the said Act had been subject to any reduction in reckoning his approved service within the meaning of the said Act, then—

(a)in the case of a person who enters upon employment under a local authority—

(i)where that authority are his former authority, if they agree,

(ii)where that authority are not his former authority, if his former authority agree and make to that authority such payment as is provided in paragraph (2) of Regulation 10 of these Regulations, and

(iii)in either case, if he has paid to his former authority a sum fixed by them in accordance with the said subsection, or pays to that authority such sum as they may fix, being such a sum as they might have fixed under the said subsection,

that person shall be entitled to reckon as contributing service, or, where the authority under which he becomes employed as aforesaid are a local Act authority, as local Act scheme service, under, in either case, the authority under which he becomes employed as aforesaid, a period equal to the length of the period of reduction to which his said past pensionable service was subject in reckoning his said approved service, and any such period is hereafter in these Regulations referred to as an “extra period of service”;

(b)in the case of a person who enters upon employment in the civil service of the Crown—

(i)if his former authority agree and make to the Secretary of State such payment as is provided in the said paragraph (2) of Regulation 10, and

(ii)if he has paid to his former authority a sum fixed by them in accordance with the said subsection, or pays to that authority such sum as they may fix, being such a sum as they might have fixed under the said subsection,

a period of service equal to the length of the period of reduction to which his said past pensionable service was subject in reckoning his said approved service shall be aggregated with the service treated by virtue of Regulation 2 of these Regulations as continuous service of that person in an established capacity in the civil service of the State, and any such period is hereafter in these Regulations referred to as an “extra period of service”.

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