Fire Authority Discretionary Powers

The regulations governing the administration of the Firefighters' Pension Schemes provide for a number of discretionary powers on the part of the Fire Authority.

 

Firefighters Pension Scheme Order 1992 – the “old scheme”

Withdrawal of Pension on Re-employment

The 1992 Scheme provides that a fire and rescue authority by whom a pension is payable may, in their discretion, withdraw the whole or any part of the pension payable to a former firefighter for any period he/she is re-employed by any Fire Authority in any capacity.


Review of ill-heath pensions

The fire authority may determine at what intervals it considers appropriate to review eligibility for continued payment of an ill-health pension and for forfeiture in the case of criminal offences.


Withdrawal of Pension due to committal of a Criminal Offence

A fire authority by whom a pension is payable may withdraw a member’s pension in whole or in part and permanently or temporarily as they may specify in the case of conviction by the member of certain criminal offences.



The Firefighters’ Pension Scheme (England) Order 2006 – the “new scheme”

Withdrawal of Pension during Service as a Firefighter 

The fire authority by which a scheme pension is payable may withdraw the whole or any part of the pension for any period during which the person entitled to it is again employed as a firefighter by any authority.

Where a person who is entitled to pensions under this Scheme in respect of both regular and retained or volunteer service, whether from the same authority or from different authorities:
 
(a) resumes regular service, but does not resume retained or volunteer service, or
 
(a) resumes retained or volunteer service, but does not resume regular service, 
 
This rule applies only as regards the pension referable to his previous retained or volunteer service or, as the case may be, his previous regular service.

An authority may abate [reduce or extinguish]a pension to a former firefighter so long as he is employed (in whatever capacity) by any fire authority.
 
 
Pension on member-initiated early retirement
 
A firefighter member who, before reaching normal benefit age is awarded a deferred pension applies, may on or after his 55th birthday by written notice to the authority request early payment of his deferred pension.
 
The authority may refuse a request if the rate of the pension (after reductions due to early payment) is likely to be less than any guaranteed minimum pension that would be payable from state pensionable age.
 
 
Pension on authority-initiated early retirement
 
An authority may, having regard to the economical, effective and efficient management of their functions, and the costs likely to be incurred in the particular case, determine that a firefighter member who is at least 55 but under normal retirement age should be retired from the authority’s employment.
 
 
Withdrawal of early payment of deferred pension
 
A person who, on dismissal from an authority’s employment, becomes entitled to a deferred pension, shall not be entitled to early payment of the deferred pension before reaching the age of 65, unless the authority by which the pension is payable determine otherwise.
 
 
Review of ill-health pensions
 
The fire authority may determine at what intervals it considers appropriate to review eligibility for continued payment of an ill-health pension.
 
 
Withdrawal of pension due to committal of a Criminal Offence  

A fire authority by whom a pension is payable may withdraw a member’s pension in whole or in part and permanently or temporarily as they may specify in the case of conviction by the member of certain criminal offences.