The Firefighters' Pension Scheme (Scotland) Order 2007
1Citation, commencement, effect and extent
2New pension scheme for firefighters in Scotland
31992 Scheme ceasing to have effect in Scotland, with transitional and savings provision
SCHEDULE 1THE NEW FIREFIGHTERS' PENSION SCHEME (SCOTLAND)
PART 1CITATION AND INTERPRETATION
1Citation
2Interpretation
3Disablement
PART 2SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
1Scheme membership
2Eligibility conditions
3Normal retirement age and normal benefit age
4Last day of membership
5Election not to make pension contributions
6Rejoining the Scheme
PART 3PERSONAL AWARDS
1Ordinary pension
2Award on ill-health retirement
3Deferred pension
4Cancellation of deferred pension
5Pension on member-initiated early retirement
6Pension on authority-initiated early retirement
7Entitlement to two pensions
8Refund of aggregate pension contributions
9Commutation: general
10Commutation: small pensions
11Allocation of pension
12Pension debit members
PART 4SURVIVORS' PENSIONS
CHAPTER 1SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
1Pensions for surviving spouses, civil partners and nominated partners
2Amount of survivor’s pension: general
3Amount of survivor’s pension: special cases
4Bereavement pension: survivors
5Commutation of pensions for surviving spouses, civil partners and nominated partner
CHAPTER 2CHILDREN'S PENSIONS
6Child’s pension
7Child’s pension: limitations and duration
8Amount of child’s pension
9Bereavement pension: children
10Pension for child where no survivor’s pension paid
11Child’s pension in respect of pension debit member
12Commutation of child’s pension
PART 5AWARDS ON DEATH
1Death grant
2Post-retirement death grant
PART 6PENSION SHARING ON DIVORCE
1Pension credit member’s entitlement to pension
2Commutation of whole of pension credit benefits
3Commutation of part of pension credit benefits
4Application of general rules
5Post-retirement death grant: pension credit members
PART 7RESERVISTS
1Interpretation of Part
2Continuity of employment
3Awards on death or permanent disablement
4Reservists who do not resume employment with their former authority
PART 8DETERMINATION OF QUESTIONS AND APPEALS
1Interpretation of Part 8
2Determinations and decisions by Scottish fire authority
3Review of medical opinion
4Appeals against decisions based on medical advice
5Appeals on other issues
PART 9REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
1Review of ill-health pension
2Consequences of review
3Withdrawal of pension during service as firefighter
4Withdrawal of early payment of deferred pension
5Withdrawal of pension on conviction of certain offences
6Forfeiture of award
PART 10QUALIFYING SERVICE AND PENSIONABLE SERVICE
1Qualifying service
2Reckoning of pensionable service
3Non-reckonable service
4Reckoning of unpaid period of absence
5Reckoning of maternity, paternity and adoption leave, etc
6Calculation of pensionable service
PART 11PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
CHAPTER 1PENSIONABLE PAY AND PENSION CONTRIBUTIONS
1Pensionable pay
2Final pensionable pay
3Pension contributions
4Optional pension contributions during maternity and adoption leave
CHAPTER 2PURCHASE OF ADDITIONAL SERVICE
5Purchase of additional service
6Election to purchase additional service
7Duration of periodical contributions and premature cessation
8Discontinuance and resumption of periodical contributions
9Periodical contributions in respect of periods of unpaid service or absence
10Effect of purchasing additional service by lump sum payment
PART 12TRANSFERS INTO AND OUT OF THE SCHEME
CHAPTER 1INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
1Interpretation of Part 12
2Entitlement to transfer value payment
CHAPTER 2TRANSFERS OUT OF THE SCHEME
3Applications for statements of entitlement
4Applications for transfer value payments
5Ways in which transfer value payments may be applied
6Calculating amounts of transfer value payments
7Effect of transfers-out
CHAPTER 3TRANSFERS INTO THE SCHEME
8Applications for acceptance of transfer value payment from another scheme
9Procedure for applications under rule 8
10Acceptance of transfer value payments
11Calculation of transferred-in pensionable service
CHAPTER 4TRANSFERS BETWEEN FIRE AUTHORITIES
12Transfer of payments and pension history between fire authorities
CHAPTER 5MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
13Interpretation of Chapter 5
14Mis-sold pensions
15Calculation of amount of restitution payment
PART 13PAYMENT OF AWARDS
1Authorities responsible for payment of awards
2Deduction of tax and lifetime allowance charges
3Payment of awards
4Pensions under more than one contract of employment
5Payments for minors and persons incapable of managing their affairs
6Payment of awards: further supplementary provision
PART 14MISCELLANEOUS PROVISIONS
1Guaranteed minimum pensions, etc.
2Survivors' guaranteed minimum pensions
3Information for authorities
4Annual benefit statements
5Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force
6Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006
ANNEX 1ILL-HEALTH PENSIONS
1(1) Except in a case to which sub paragraph (2)...
2The annual amount of the higher tier ill-health pension of...
3The annual amount of the higher tier ill-health pension of...
ANNEX 2APPEALS TO BOARD OF MEDICAL REFEREES
1(1) Subject to sub-paragraph (2), written notice of appeal against...
2(1) On receiving a notice of appeal, the authority shall...
3(1) The board shall consist of not less than three...
4(1) As soon as reasonably practicable after referring an appeal...
5Where an appeal is to be pursued, the board shall...
6(1) Subject to sub-paragraph (4), the board–
7(1) Where either party intends to submit written evidence or...
8(1) The board shall supply the Scottish Ministers with–
9(1) There shall be paid to the board and the...
10(1) Subject to paragraph 7(3) and sub paragraphs (2) to...
11Any notice, information or document which an appellant is entitled...
SCHEDULE 2TRANSITIONAL ARRANGEMENTS
1Regular firefighters who became members of the 1992 scheme on or after 6th April 2006
2Options for active members of the 1992 Scheme
3Calculation of transferred-in pensionable service
2007 No. 199
FIRE SERVICES
PENSIONS

The Firefighters' Pension Scheme (Scotland) Order 2007

Made
Laid before Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 34(1) to (5) and (8) and 60(2) of the Fire and Rescue Services Act 20041, after consulting such persons as they considered appropriate in accordance with section 34(5) of that Act, hereby make the following Order: