2016 No. 77
The Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 34(1) and (2) to (4) and 60(2) of the Fire and Rescue Services Act 20041 and all other powers enabling them to do so.
In accordance with section 34(5) of that Act, they have consulted with such persons as they considered appropriate.
Citation, commencement and effect1
1
This Order may be cited as the Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016.
2
This Order comes into force on 1st April 2016, but—
a
article 5 has effect from 27th October 2008;
b
articles 4 and 6 to 9 have effect from 1st April 2015; and
c
article 3 has effect from 1st October 2015.
Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006
2
Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 20062 is amended in accordance with articles 3 to 5.
3
In Part 3 (awards on death: spouses and civil partners)—
a
omit rule 5 (effect of new relationship); and
b
after rule 5, insert—
Reinstatement of entitlement to pension and gratuity5A
1
The revocation of rule 5 of this Part by the Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016 has the effect of reinstating entitlement to—
a
a pension under this Part with effect from 1st October 2015; and
b
any part of a gratuity under this Part which has not been paid due to operation of that rule.
2
Nothing in paragraph (1) requires the making of any payment where the person to whom the payment would otherwise have been made has died prior to 1st October 2015.
4
In Part 10 (payment of awards and financial provisions), in paragraph (2)(c) of rule 3 (prevention of duplication) for “regulation 166” substitute “regulation 156”.
5
In Part 1 of Schedule 1 (injury awards and duty-related compensation), after paragraph 3(3)(b) insert—
ba
any employment and support allowance under Part 1 of the Welfare Reform Act 20073 (other than one which is income-related);
Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007
6
Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 20074 is amended in accordance with articles 7 to 9.
7
In Part 2 (scheme membership, cessation and retirement), in paragraph (11)(b) of rule 1 (scheme membership) for “eligible” substitute “ineligible”.
8
In Part 3 (personal awards)—
a
in rule 1B (continued pension), for “NFPS the” substitute “the NFPS”;
b
in rule 7 (entitlement to two pensions)—
i
in paragraph (4), omit “his”; and
ii
in paragraph (10), for “he is entitled on the last day of his” substitute “the member is entitled on the last day of”; and
c
in paragraph (1A) of rule 9 (commutation: general)—
i
for “of the NFPS” substitute “to the NFPS”; and
ii
omit “may commute a portion of it for a lump sum”.
9
In Part 11 (pensionable pay, pension contributions and purchase of additional service)—
a
in rule 1 (pensionable pay)—
i
in paragraph (6), for “paragraph 33” substitute “paragraph 32”;
ii
in paragraph (7), for “paragraph 33(4)” substitute “paragraph 32(4)”;
iii
in paragraph (7), for “paragraph 33” substitute “paragraph 32”; and
iv
in paragraph (8), for “paragraph 33(3)” substitute “paragraph 32(3)”; and
b
in paragraph (2A)(b) of rule 2 (final pensionable pay), for “paragraph 33(4)” substitute “paragraph 32(4)”.
(This note is not part of the Order)