The Firefighters' Pension Scheme Amendment (Scotland) Order 2006

46.  For rule K1 (cancellation of ill-health and injury pensions)(1), substitute–

“Review of ill-health and certain deferred pensions

K1.— (1) So long as a person–

(a) has been in receipt of an ill-health pension for less than 10 years, and

(b) is under the age of 60,

the fire and rescue authority shall consider, at such intervals as they think proper, whether he has become capable of carrying out any duty appropriate to the role from which he retired on grounds of ill-health.

(2) So long as a person–

(a) is in receipt of a higher tier ill-health pension for less than 10 years; and

(b) is under the age 60,

the authority shall also consider, at such intervals as they think proper, whether he has become capable of undertaking regular employment.

(3) So long as a person–

(a) is in receipt of payments in respect of a deferred pension under rule B5; and

(b) is under the age of 60,

the authority shall also consider, at such intervals as they think proper, whether he has become capable–

(i) of carrying out any duty appropriate to the role from which he retired on grounds of ill-health; or

(ii) of undertaking regular employment.

(4) In this Part, “regular employment” means employment for 30 hours on average over a twelve–month period.

Consequences of review

K1A.— (1) If, on such consideration as is mentioned in rule K1(2), it is found that a person has become capable of undertaking regular employment, the authority shall immediately terminate his higher tier ill-health pension.

(2) A lower tier ill-health pension shall continue to be paid to a person whose higher tier ill-health pension is terminated as mentioned in paragraph (1) unless–

(a) on such consideration as is mentioned in rule K1, it is found that he has become capable of performing the duties appropriate to the role from which he retired on grounds of ill-health; and,

(b) the authority may make him an offer of employment in that role (“a paragraph (2)(b) offer”).

(3) Entitlement to a lower tier ill-health pension shall cease, with immediate effect, where a person accepts or declines a paragraph (2)(b) offer.

(4) A person who declines a paragraph (2)(b) offer shall then become entitled to a deferred pension under rule B5.”.

(1)

Rule K1 was amended by article article 2 and paragraph 23 of the Schedule to S.S.I. 2004/385 and article 2 and paragraph 68 of the Schedule to S.S.I. 2005/566.