The Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 to 7 of these Regulations amend the Firefighters’ Pension Scheme (Scotland) Regulations 2015 (S.S.I. 2015/19) (“the 2015 Regulations”), which established a scheme for the payment of pensions and other benefits to firefighters in Scotland from 1st April 2015.

Regulations 3, 4, 5, 6 and 7(1) and (2) make minor amendments to clarify the provisions of the 2015 Regulations.

Regulation 7(3) amends paragraphs 37 and 38 of schedule 2 of the 2015 Regulations to clarify the transitional arrangements in the event that the authority decides to obtain the written opinion of an independent qualified medical practitioner (as defined in the 2015 Regulations) before making a determination about a member’s entitlement to an ill-health award and the determination has not been made before the member’s transition date. The amendments provide that members who are subsequently granted an ill health award shall remain in their existing pension scheme.

Regulation 8 amends the transitional provision made by the Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016 (S.S.I. 2016/431) to make it clear that payments made by a fire and rescue authority under that provision do not include any sum in respect of a firefighter’s contribution in relation to an additional pension benefit.

A business and regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on the public sector is minimal.