The Firefighters' Pension Scheme Amendment (Scotland) Order 2005

  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Amendment of the Firefighters' Pension Scheme (Scotland only)

  4. Signature

    1. SCHEDULE

      AMENDMENT OF THE FIREFIGHTERS' PENSION SCHEME

      1. 1.In rule A3 (exclusive application to regular firefighters) in paragraph...

      2. 2.In rule A4 (application to temporary employment connected with fire...

      3. 3.In rule A5 (application to permanent employment as instructor)–

      4. 4.In rule A6 (no application to auxiliary firefighters) for “a...

      5. 5.In rule A7 (reckoning of service for purposes of awards)–...

      6. 6.In rule A8 (aggregate pension contributions for purposes of awards),...

      7. 7.In rule A9 (qualifying injury)– (a) in paragraph (1), for...

      8. 8.In rule A10 (disablement)– (a) for paragraph (1A), substitute–

      9. 9.For rules A13 (compulsory retirement on account of age) and...

      10. 10.In rule A15 (compulsory retirement on grounds of disablement), for...

      11. 11.In rule A16 (effective date of retirement), for “a member...

      12. 12.In rule B1(ordinary pension)– (a) in paragraph (2)(a), for “joining...

      13. 13.In rule B2 (short service awards), for paragraph (1), substitute–...

      14. 14.In rule B3 (ill-health award)– (a) in paragraph (2)(a) and...

      15. 15.In rule B5 (deferred pension)– (a) in paragraph (2)–

      16. 16.In rule B6 (repayment of aggregate pension contributions), in paragraph...

      17. 17.In rule B7 (commutation – general provision)–

      18. 18.In rule B8 (commutation – small pensions), in paragraph (1),...

      19. 19.In rule B9 (allocation) , in paragraphs (2), (6), (8)...

      20. 20.In rule B11 (deduction of tax from certain awards), for...

      21. 21.For rule B13 (part-time members) substitute– (1) Where a person is entitled to an award under...

      22. 22.In rule C1 (spouse’s ordinary pension), in paragraphs (3), (5)...

      23. 23.In rule C3 (spouse’s augmented award)– (a) in paragraph (2)...

      24. 24.For rule C5 (limitation on award to widow by reference...

      25. 25.For rule C6 (widow’s requisite benefit and temporary pension), substitute–...

      26. 26.In rule C8 (limitations where spouses living apart), in paragraphs...

      27. 27.In rule C9 (effect of remarriage), for “fire authority” (in...

      28. 28.In rule D5 (child’s allowance or special gratuity: limitations), in...

      29. 29.In rule E2 (adult dependent relative’s special pension) in paragraphs...

      30. 30.In rule E3 (dependent relative’s gratuity), in paragraph (3), for...

      31. 31.In rule E4 (payment of balance of contributions to estate),...

      32. 32.For rule E5 (gratuity in lieu of surviving spouse’s pension),...

      33. 33.In rule E6 (gratuity in lieu of child’s allowance), in...

      34. 34.In rule E7 (limitation on discretion to commute pension or...

      35. 35.In rule E9 (flat-rate awards)– (a) in paragraph (2), after...

      36. 36.In rule F1 (reckoning of and certificates as to pensionable...

      37. 37.In rule F2 (current service)– (a) for paragraphs (1) and...

      38. 38.In rule F2A (maternity, paternity and adoption leave), for “fire...

      39. 39.In rule F3 (previous service reckonable without payment)–

      40. 40.In rule F4 (previous service reckonable on payment)–

      41. 41.In rule F5 (period during which injury pension was payable)–...

      42. 42.In rule F6A (previous service reckonable following actionable loss), for...

      43. 43.In rule F6B (calculation of amount of restitution payment), for...

      44. 44.In rule F7 (receipt of transfer value)–

      45. 45.In rule F8 (transfer payments between fire authorities), after paragraph...

      46. 46.In rule F9 (payment of transfer values)–

      47. 47.In rule G1 (pensionable pay and average pensionable pay), for...

      48. 48.In rule G2 (pension contributions), for “fire authority” (in both...

      49. 49.In rule G2A (optional pension contributions during maternity and adoption...

      50. 50.In rule G3 (election not to pay pension contributions), in...

      51. 51.In rule G5 (purchase of increased benefits)–

      52. 52.In rule G6 (election to purchase increased benefits)–

      53. 53.In rule G7 (payment of periodical contributions for increased benefits)–...

      54. 54.In rule G8 (effect of payment for increased benefits)–

      55. 55.In rule H1 (determination by fire authority)–

      56. 56.In rule H2 (appeal against opinion on a medical issue),...

      57. 57.In rule H3 (appeal to Crown Court or Sheriff), in...

      58. 58.In rule I2 (awards to servicemen), in paragraph (3), for...

      59. 59.In rule I3 (awards on death of servicemen), in paragraph...

      60. 60.In rule I4 (servicemen who resume service as regular firefighters),...

      61. 61.In rule I5 (servicemen who do not resume service in...

      62. 62.In rule I6 (pensionable service), for “during his forces period...

      63. 63.In rule I7 (pension contributions), in paragraph (1), for “to...

      64. 64.In rule J1 (guaranteed minimum pensions), in paragraph (3)(b), after...

      65. 65.In rule J3 (whole-time or part-time member of brigade who...

      66. 66.In rule J4 (part-time member of brigade)–

      67. 67.In rule J5 (members of brigade other than regular firefighters-supplementary),...

      68. 68.In rule K1 (cancellation of ill-health and injury pensions)–

      69. 69.In rule K2 (reassessment of injury pension), in paragraphs (1)...

      70. 70.In rule K3 (reduction of award in case of default),...

      71. 71.In rule K4 (withdrawal of pension during service as a...

      72. 72.In rule K5 (withdrawal of pension on conviction of certain...

      73. 73.In rule L1(authorities responsible for payment of awards)–

      74. 74.For rule L2 (expenses and receipts of fire authorities), substitute–...

      75. 75.In rule L3 (payment of awards)– (a) in paragraph (1)–...

      76. 76.In rule L4 (prevention of duplication), (a) omit paragraph (2)(c);...

      77. 77.After rule L4, insert– Prevention of duplication: other injury awards...

      78. 78.In rule L5 (payments of awards – supplementary)–

      79. 79.In rule N4 (calculation of appropriate amount), in paragraph (5),...

      80. 80.In rule N7 (discharge of pension credit liability), in paragraph...

      81. 81.In rule N8 (adjustment to the amount of the pension...

      82. 82.In rule N9 (implementation period for discharge of pension credit),...

      83. 83.In rule N10 (failure to discharge liability in respect of...

      84. 84.In rule N11 (appropriate rights and pension credit benefits under...

      85. 85.In rule N14 (pension transfers), in paragraphs (1) and (2)...

      86. 86.In rule N15 (charges in respect of pension sharing costs),...

      87. 87.In rule N19 (application of rules of this Scheme to...

      88. 88.In Schedule 1 (interpretation), in Part I (glossary of expressions)–...

      89. 89.In Schedule 2 (personal awards)– (a) in Part III (ill-health...

      90. 90.In Schedule 3 (awards on death – spouses)–

      91. 91.In Schedule 4 (awards on death – children), in Part...

      92. 92.In Schedule 5 (awards on death-additional provisions)–

      93. 93.In Schedule 6 (pensionable service and transfer values)–

      94. 94.In Schedule 8 (purchase of increased benefits)–

      95. 95.In Schedule 9 (appeals)– (a) in Part I (appeal to...

      96. 96.In Schedule 11 (special cases), in Part IV (modification for...

  6. Explanatory Note