The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023

PART 2 Remediable service statements

Requirements relating to remediable service statements

4.—(1) The scheme manager must provide a remediable service statement in respect of a remedy member (“ M”) in accordance with—

(a) section 29 of PSPJOA 2022,

(b) any Treasury directions made under section 29(6) of that Act, and

(c) this regulation.

(2) A remediable service statement must be provided in respect of M—

(a) on or before the relevant date(1),

(b) where M is, in relation to their remediable service as a firefighter, for the time being—

(i) an active member, at least once in each year ending with the anniversary of the relevant date;

(ii) a deferred member, within three months of receipt of a written request by the member(2), and

(c) where M is a deferred choice member, as soon as is reasonably practicable following receipt of notification—

(i) under regulation 13(2) that M intends to claim benefits in relation to M’s remediable service as a firefighter, or

(ii) that M has died.

(3) The remediable service statement must be provided—

(a) to M, or

(b) where—

(i) M is deceased, and

(ii) the eligible decision maker is a person other than the scheme manager,

to the person who is for the time being the eligible decision-maker in relation to M’s remediable service as a firefighter under the schedule.

(4) The remediable service statement must include—

(a) where the scheme manager has determined that any information to be provided in connection with M’s remediable service as a firefighter must be communicated in a particular form and manner, information about that form and manner;

(b) where M is an immediate choice member, information about the irrevocability of an immediate choice decision;

(c) where M is a deferred choice member, information about the circumstances in which a deferred choice is revocable, and the circumstances in which it is irrevocable.

(5) For further provision about—

(a) what a remediable service statement must include, see—

(i) section 29(5) of the PSPJOA 2022;

(ii) direction 20(1) of the PSP Directions 2022;

(b) when a remediable service statement must be combined with a benefit information statement provided under section 14 of the Public Service Pensions Act 2013, see direction 20(2) of the PSP Directions 2022.

(1)

See section 29(10) of PSPJOA 2022 for the meaning of “the relevant date”.

(2)

In accordance with section 29(9) of PSPJOA 2022, only one request under regulation 4(2)(b)(ii) may be made during any period of 12 months.