The Firefighters' Pension Scheme (Scotland) Order 2007

1. Introductory Text

2. 1. Citation, commencement, effect and extent

3. 2. New pension scheme for firefighters in Scotland

4. 3. 1992 Scheme ceasing to have effect in Scotland, with transitional and savings provision

5. Signature

6. 1. SCHEDULE 1

      THE NEW FIREFIGHTERS' PENSION SCHEME (SCOTLAND)

      1. PART 1 CITATION AND INTERPRETATION

         1. 1. Citation

         2. 2. Interpretation

         3. 3. Disablement

      2. PART 2 SCHEME MEMBERSHIP, CESSATION AND RETIREMENT

         1. 1. Scheme membership

         2. 2. Eligibility conditions

         3. 3. Normal retirement age and normal benefit age

         4. 4. Last day of membership

         5. 5. Election not to make pension contributions

         6. 6. Rejoining the Scheme

      3. PART 3 PERSONAL AWARDS

         1. 1. Ordinary pension

         2. 2. Award on ill-health retirement

         3. 3. Deferred pension

         4. 4. Cancellation of deferred pension

         5. 5. Pension on member-initiated early retirement

         6. 6. Pension on authority-initiated early retirement

         7. 7. Entitlement to two pensions

         8. 8. Refund of aggregate pension contributions

         9. 9. Commutation: general

         10. 10. Commutation: small pensions

         11. 11. Allocation of pension

         12. 12. Pension debit members

      4. PART 4 SURVIVORS' PENSIONS

         1. CHAPTER 1 SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS

            1. 1. Pensions for surviving spouses, civil partners and nominated partners

            2. 2. Amount of survivor’s pension: general

            3. 3. Amount of survivor’s pension: special cases

            4. 4. Bereavement pension: survivors

            5. 5. Commutation of pensions for surviving spouses, civil partners and nominated partner

         2. CHAPTER 2 CHILDREN'S PENSIONS

            1. 6. Child’s pension

            2. 7. Child’s pension: limitations and duration

            3. 8. Amount of child’s pension

            4. 9. Bereavement pension: children

            5. 10. Pension for child where no survivor’s pension paid

            6. 11. Child’s pension in respect of pension debit member

            7. 12. Commutation of child’s pension

      5. PART 5 AWARDS ON DEATH

         1. 1. Death grant

         2. 2. Post-retirement death grant

      6. PART 6 PENSION SHARING ON DIVORCE

         1. 1. Pension credit member’s entitlement to pension

         2. 2. Commutation of whole of pension credit benefits

         3. 3. Commutation of part of pension credit benefits

         4. 4. Application of general rules

         5. 5. Post-retirement death grant: pension credit members

      7. PART 7 RESERVISTS

         1. 1. Interpretation of Part

         2. 2. Continuity of employment

         3. 3. Awards on death or permanent disablement

         4. 4. Reservists who do not resume employment with their former authority

      8. PART 8 DETERMINATION OF QUESTIONS AND APPEALS

         1. 1. Interpretation of Part 8

         2. 2. Determinations and decisions by Scottish fire authority

         3. 3. Review of medical opinion

         4. 4. Appeals against decisions based on medical advice

         5. 5. Appeals on other issues

      9. PART 9 REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

         1. 1. Review of ill-health pension

         2. 2. Consequences of review

         3. 3. Withdrawal of pension during service as firefighter

         4. 4. Withdrawal of early payment of deferred pension

         5. 5. Withdrawal of pension on conviction of certain offences

         6. 6. Forfeiture of award

      10. PART 10 QUALIFYING SERVICE AND PENSIONABLE SERVICE

          1. 1. Qualifying service

          2. 2. Reckoning of pensionable service

          3. 3. Non-reckonable service

          4. 4. Reckoning of unpaid period of absence

          5. 5. Reckoning of maternity, paternity and adoption leave, etc

          6. 6. Calculation of pensionable service

      11. PART 11 PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE

          1. CHAPTER 1 PENSIONABLE PAY AND PENSION CONTRIBUTIONS

             1. 1. Pensionable pay

             2. 2. Final pensionable pay

             3. 3. Pension contributions

             4. 4. Optional pension contributions during maternity and adoption leave

          2. CHAPTER 2 PURCHASE OF ADDITIONAL SERVICE

             1. 5. Purchase of additional service

             2. 6. Election to purchase additional service

             3. 7. Duration of periodical contributions and premature cessation

             4. 8. Discontinuance and resumption of periodical contributions

             5. 9. Periodical contributions in respect of periods of unpaid service or absence

             6. 10. Effect of purchasing additional service by lump sum payment

      12. PART 12 TRANSFERS INTO AND OUT OF THE SCHEME

          1. CHAPTER 1 INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT

             1. 1. Interpretation of Part 12

             2. 2. Entitlement to transfer value payment

          2. CHAPTER 2 TRANSFERS OUT OF THE SCHEME

             1. 3. Applications for statements of entitlement

             2. 4. Applications for transfer value payments

             3. 5. Ways in which transfer value payments may be applied

             4. 6. Calculating amounts of transfer value payments

             5. 7. Effect of transfers-out

          3. CHAPTER 3 TRANSFERS INTO THE SCHEME

             1. 8. Applications for acceptance of transfer value payment from another scheme

             2. 9. Procedure for applications under rule 8

             3. 10. Acceptance of transfer value payments

             4. 11. Calculation of transferred-in pensionable service

          4. CHAPTER 4 TRANSFERS BETWEEN FIRE AUTHORITIES

             1. 12. Transfer of payments and pension history between fire authorities

          5. CHAPTER 5 MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS

             1. 13. Interpretation of Chapter 5

             2. 14. Mis-sold pensions

             3. 15. Calculation of amount of restitution payment

      13. PART 13 PAYMENT OF AWARDS

          1. 1. Authorities responsible for payment of awards

          2. 2. Deduction of tax and lifetime allowance charges

          3. 3. Payment of awards

          4. 4. Pensions under more than one contract of employment

          5. 5. Payments for minors and persons incapable of managing their affairs

          6. 6. Payment of awards: further supplementary provision

      14. PART 14 MISCELLANEOUS PROVISIONS

          1. 1. Guaranteed minimum pensions, etc.

          2. 2. Survivors' guaranteed minimum pensions

          3. 3. Information for authorities

          4. 4. Annual benefit statements

          5. 5. Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force

          6. 6. Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006

      15. ANNEX 1 ILL-HEALTH PENSIONS

          1. 1. (1) Except in a case to which sub paragraph (2)...

          2. 2. The annual amount of the higher tier ill-health pension of...

          3. 3. The annual amount of the higher tier ill-health pension of...

      16. ANNEX 2 APPEALS TO BOARD OF MEDICAL REFEREES

          1. 1. (1) Subject to sub-paragraph (2), written notice of appeal against...

          2. 2. (1) On receiving a notice of appeal, the authority shall...

          3. 3. (1) The board shall consist of not less than three...

          4. 4. (1) As soon as reasonably practicable after referring an appeal...

          5. 5. Where an appeal is to be pursued, the board shall...

          6. 6. (1) Subject to sub-paragraph (4), the board–

          7. 7. (1) Where either party intends to submit written evidence or...

          8. 8. (1) The board shall supply the Scottish Ministers with–

          9. 9. (1) There shall be paid to the board and the...

          10. 10. (1) Subject to paragraph 7(3) and sub paragraphs (2) to...

          11. 11. Any notice, information or document which an appellant is entitled...

   2. SCHEDULE 2

      TRANSITIONAL ARRANGEMENTS

      1. 1. Regular firefighters who became members of the 1992 scheme on or after 6th April 2006

      2. 2. Options for active members of the 1992 Scheme

      3. 3. Calculation of transferred-in pensionable service

7. Explanatory Note