2016 No. 79
The Firemen’s Pension Scheme (Amendment) (Scotland) Order 2016
Made
Laid before the Scottish Parliament
Coming into force
Citation, commencement, effect and extent1
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) (Scotland) Order 2016 and comes into force on 1st April 2016.
2
This Order has effect from 1st April 2015, except that article 4 has effect from 1st October 2015.
3
This Order extends to Scotland only.
Amendment of the Firemen’s Pension Scheme Order 1992
2
Schedule 2 to the Firemen’s Pension Scheme Order 19923 (in which the Firefighters’ Pension Scheme is set out) is amended as follows.
3
In Part B (personal awards)—
a
in paragraph (3) of rule B1A (continuous service pension)—
i
in sub-paragraph (a), for “paragraph (1)(a)” substitute “paragraph (1)(b)”; and
ii
for sub-paragraph (b), substitute—
b
paragraph (1) of this rule applies as if the age ascertained under sub-paragraph (a) above were substituted for “normal pension age.
b
in rule B2A (continued pension)—
i
for “regulation 65(4)(a)”, substitute “regulation 65(3)(b)”; and
ii
for “rule B1A(3)(i)”, substitute “rule B1A(3)(a)”; and
c
in paragraph (1A) of rule B5D (additional pension benefit: supplementary provision), for “paragraph (3)(i)” substitute “paragraph (3)(a)”.
4
In Part C (awards on death – spouses), after paragraph (2) of rule C9 (effect of remarriage) insert—
3
Paragraphs (1) and (2) do not apply where the person entitled to a pension under this Part is also entitled to a pension under Part 3 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 20064.
4
Where entitlement to a pension or any part of a gratuity under this Part was removed by virtue of paragraph (1) or (2) prior to 1st October 2015 and the person was in receipt of a pension under Part 3 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006, entitlement to the pension or part of the gratuity under this Part is reinstated with effect from that date.
5
Nothing in paragraph (4) 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.
5
In Part F (pensionable service and transfer values)—
a
in rule F2 (current service), after paragraph (1)(ab) for “or” substitute “and”; and
b
in paragraph (1B) of rule F9 (payment of transfer values), omit “from the 2015 Scheme”.
6
In Part G (pensionable pay and contributions), in rule G1 (pensionable pay and average pensionable pay)—
a
in paragraph (9), for “paragraph 34” substitute “paragraph 33”;
b
in paragraph (10)—
i
for “paragraph 34(4)”, substitute “paragraph 33(4)”;
ii
for “paragraph 34”, substitute “paragraph 33”;
c
in paragraph (12), for “paragraph 34(3)” substitute “paragraph 33(3)”; and
d
in paragraph (13)(b), for “which contributions” substitute “which pension contributions”.
7
In Part 2A (continuous service pension) of Schedule 2 (personal awards), in the definition of “C” for “40 years” substitute “30 years”.
(This note is not part of the Order)