The Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016

Contents

Article 1Citation, commencement and effect#

(1)This Order may be cited as the Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016.

(2)This Order comes into force on 1st April 2016, but—

(a)article 5 has effect from 27th October 2008;

(b)articles 4 and 6 to 9 have effect from 1st April 2015; and

(c)article 3 has effect from 1st October 2015.

Article 2Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006#

Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006 is amended in accordance with articles 3 to 5.

Article 3Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006#

In Part 3 (awards on death: spouses and civil partners)—

(a)omit rule 5 (effect of new relationship); and

(b)after rule 5, insert—“5A 1 The revocation of rule 5 of this Part by the Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016 has the effect of reinstating entitlement to—a a pension under this Part with effect from 1st October 2015; andb any part of a gratuity under this Part which has not been paid due to operation of that rule.2 Nothing in paragraph (1) requires the making of any payment where the person to whom the payment would otherwise have been made has died prior to 1st October 2015.”

Article 4Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006#

In Part 10 (payment of awards and financial provisions), in paragraph (2)(c) of rule 3 (prevention of duplication) for “regulation 166” substitute “regulation 156”.

Article 5Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006#

In Part 1 of Schedule 1 (injury awards and duty-related compensation), after paragraph 3(3)(b) insert—“ba any employment and support allowance under Part 1 of the Welfare Reform Act 2007 (other than one which is income-related);”

Article 6Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007#

Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007 is amended in accordance with articles 7 to 9.

Article 7Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007#

In Part 2 (scheme membership, cessation and retirement), in paragraph (11)(b) of rule 1 (scheme membership) for “eligible” substitute “ineligible”.

Article 8Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007#

In Part 3 (personal awards)—

(a)in rule 1B (continued pension), for “NFPS the” substitute “the NFPS”;

(b)in rule 7 (entitlement to two pensions)—

(i)in paragraph (4), omit “his”; and

(ii)in paragraph (10), for “he is entitled on the last day of his” substitute “the member is entitled on the last day of”; and

(c)in paragraph (1A) of rule 9 (commutation: general)—

(i)for “of the NFPS” substitute “to the NFPS”; and

(ii)omit “may commute a portion of it for a lump sum”.

Article 9Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007#

In Part 11 (pensionable pay, pension contributions and purchase of additional service)—

(a)in rule 1 (pensionable pay)—

(i)in paragraph (6), for “paragraph 33” substitute “paragraph 32”;

(ii)in paragraph (7), for “paragraph 33(4)” substitute “paragraph 32(4)”;

(iii)in paragraph (7), for “paragraph 33” substitute “paragraph 32”; and

(iv)in paragraph (8), for “paragraph 33(3)” substitute “paragraph 32(3)”; and

(b)in paragraph (2A)(b) of rule 2 (final pensionable pay), for “paragraph 33(4)” substitute “paragraph 32(4)”.

Contains public sector information licensed under the Open Government Licence v3.0.