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

M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme

50.—(1) This regulation applies in relation to an immediate choice member (“ M”) who, during the period beginning on 1 April 2015 and ending on 31 March 2022 was—

(a) A 2007 IHR member;

(b) A 2015 IHR member.

(2) For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

(3) In paragraph (2), “equivalent ill-health award in M’s alternative scheme” means, where M is entitled to—

(a) a lower tier award under the 2007 scheme, a lower tier award under the reformed scheme;

(b) a higher tier award under the 2007 scheme, a higher tier award under the reformed scheme;

(c) a lower tier award under the reformed scheme, and—

(i) M’s legacy scheme is the 1992 scheme, a lower tier award under that scheme;

(ii) M’s legacy scheme is the 2007 scheme, a lower tier award under that scheme;

(d) a higher tier award under the reformed scheme, and—

(i) M’s legacy scheme is the 1992 scheme, a higher tier award under that scheme;

(ii) M’s legacy scheme is the 2007 scheme, a higher tier award under that scheme;

(4) No question relating to M’s entitlement to ill-health benefits that has been decided following referral to an IQMP is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.