The Fire Reform (Pensions Amendments) (Scotland) Order 2013

PART 3 Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007

General

9.  Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007(1) (in which the New Firefighters’ Pension Scheme (Scotland) is set out) is amended in accordance with articles 10 to 20.

Part 1

10.  In rule 2(1) of Part 1 (interpretation)(2)—

(a) in the definition of “authority”, for “Scottish fire authority” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005(3)) or the Scottish Fire and Rescue Service”; and

(b) omit the definitions of “fire and rescue authority employer contributions”, “Firefighters’ Operating Account”, “Firefighters’ Pension Account” and “proper accounting practices”.

Part 2

11.  In rule 1(10) of Part 2 (scheme membership)(4), omit paragraph (a) and the word “or” immediately after it.

Part 3

12.  In rule 1 of Part 3 (ordinary pension)—

(a) in paragraph (1), for “Subject to paragraph (2), this” substitute “This”; and

(b) omit paragraph (2).

13.  In rule 4 of Part 3 (cancellation of deferred pension), omit paragraph (3).

14.  In rule 11(4)(a)(ii) of Part 3 (allocation of pension), for “their former” substitute “the”.

Part 7

15.  In rule 4 of Part 7 (reservists who do not resume employment), omit “reservist’s former”.

Part 9

16.  In rule 3 of Part 9 (withdrawal of pension during service as firefighter)—

(a) in paragraph (2), omit “(whether from the same authority or from different authorities)”; and

(b) omit paragraph (4).

Part 10

17.  In rule 4(1) of Part 10 (reckoning of unpaid period of absence), omit “in accordance with Part 13B”.

Part 12

18.  In rule 12 of Part 12 (transfer of payments and pension history between authorities), omit paragraph (10).

Part 13

19.  In rule 1 of Part 13 (authorities responsible for payment of awards)(5)—

(a) in paragraph (1), for “authority by whom the person was last so employed” substitute “Scottish Fire and Rescue Service”; and

(b) in paragraph (2), for the words from “authority” to the end substitute “Scottish Fire and Rescue Service”.

Part 13B

20.  Omit Part 13B (Firefighters’ Pension Account).

(1)

S.S.I. 2007/199.

(2)

Relevant amending instrument is S.S.I. 2010/333.

(3)

2005 asp 5.

(4)

Relevant amending instrument is S.S.I. 2008/160.

(5)

Relevant amending instrument is S.S.I. 2008/160.