SCHEDULE
Article 3
Amendment of schedule 1 of the Firefighters’ Pension Scheme (Scotland) Order 2007
1. Amendment of Part 1
(1) Part 1 (citation and interpretation) is amended as follows.
(2) In rule 2 (interpretation) in paragraph (1)—
(a)
(a) after the definition of “equivalent amount to the NFPS lower tier ill-health pension” insert—
“
“extended limited period” means the period beginning on the date on which that person was first employed as a retained firefighter and ending on the earliest of—
(a) the date, if applicable, on which that person joined this Scheme as a special member or as a standard member in respect of service which that person could otherwise reckon as special pensionable service,
(b) the date, if applicable, on which that person joined the 2015 Scheme in respect of service which that person could otherwise reckon as special pensionable service,
(c) the date, if applicable, on which that person ceased to be employed as a retained or a regular firefighter, and
(d) 31 March 2022,
”,
(b)
(b) for the definition of “mandatory special period”, substitute—
“
“mandatory special period” means—
(a) in relation to service purchased following an application made under rule 5A of Part 11 (purchase of service during the limited period), that part of a person’s service during the limited period beginning on the date selected by him or her before 6 April 2006 and ending on the earlier of—
(i) the date on which the person joined this Scheme as a special member or as a standard member in respect of service which the person could otherwise reckon as special pensionable service, and
(ii) the date, if applicable, on which the person was dismissed or retired from employment as a regular or retained firefighter,
(b) in relation to service purchased following an application under rule 5B of Part 11 (purchase of service during the extended limited period), that part of a person’s service during the extended limited period beginning on the date selected by him or her before 6 April 2006 and ending on the last day of the extended limited period.
”,
(c)
(c) after the definition of “scheme employment”, insert—
“
“second initial date” means 18 March 2024,
”,
(d)
(d) after the definition of “special eligibility conditions ”, insert—
“
“special employment period” means the period beginning on 7 April 2000 and ending on 5 April 2006,
”,
(e)
(e) in the definition of “special membership”, after “special firefighter member,” insert “connected special member,”.
2. Amendment of Part 2
(1) Part 2 (scheme membership, cessation and retirement) is amended as follows.
(2) In paragraph (7)(b) of rule 1A (special membership), for “1st July 2000” substitute “7 April 2000”.
(3) In paragraph (11)(b) of rule 1A, for “1st July 2000” substitute “7 April 2000”.
3. Amendment of Part 3
(1) Rule 2A (retrospective award on ill-health retirement) of Part 3 (personal awards) is amended as follows.
(2) For paragraph (3) substitute—
“
3 An application under paragraph (2) must be made—
(a) where the person is purchasing service following an application under rule 5A (purchase of service during the limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the authority under rule 5A(13) of that Part,
(b) where the person is purchasing service following an application made under rule 5B (purchase of service during the extended limited period) of Part 11, during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(13) of that Part.
(3) After paragraph (14), insert—
“
15 A member who was, on or before the second initial date, in receipt of a retrospective award under this rule may apply for a recalculated retrospective award, where the member has purchased additional service following an application made under rule 5B of Part 11 (purchase of service during the extended limited period) (“the additional service”).
16 An application under paragraph (15) must be made during the period of three months beginning with the day on which the notice was served by the authority under rule 5B(13) of Part 11.
17 Following an application under paragraph (15), the authority must pay a lump sum equal to the difference between—
(a) the amount of the lump sum and pension paid under paragraph (12) before the date of the application under paragraph (15), and
(b) the lump sum and pension amount that would have been paid under paragraph (12) before the date of the application, had those payments taken into account the additional service.
18 From the date of the application under paragraph (15), the authority must pay an ill-health pension calculated in accordance with paragraph (12), which takes into account the additional service.
19 An application under paragraph (15) must be referred to the Scheme Actuary, who must calculate the amounts payable under paragraphs (17) and (18).
4. Amendment of Part 5
(1) In Part 5 (awards on death), after rule 1A (death grant for limited period), insert—
“
Death grant for extended limited period
1B.—(1) This rule applies where a person—
(a)
(a) was employed as a retained firefighter on or after 7 April 2000, and
(b)
(b) continued in such employment until the person died before 6 April 2006.
(2) Where the deceased was married, or a member of a civil partnership, at the time of death, their spouse or civil partner may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.
(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of death or where their spouse or civil partner has died since the deceased’s death, a child of the deceased may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.
(4) A person will not be eligible for a child’s death grant under this rule if the person would not have been eligible for a child’s pension by virtue of anything in rule 7 of Part 4 at the time of the death of the deceased.
(5) The authority may determine the amount of the deceased’s pensionable pay based on—
(a)
(a) information provided by the person making the application in response to a request by the authority, or
(b)
(b) if no information is provided, the authority’s records.
(6) Subject to paragraph (15), a death grant under this rule consists of—
(a)
(a) the basic death grant, calculated in accordance with paragraph (7), and
(b)
(b) the additional death grant, calculated in accordance with paragraph (8), if the additional death grant is payable under paragraph (9).
(7) The amount of the basic death grant is a sum equal to the product of 2.5 and the amount of pensionable pay which the authority determine the deceased received in the deceased’s last year of service.
(8) The amount of the additional death grant must be calculated in accordance with the formula—
where—
A is the amount of pensionable pay which the authority determine the deceased received in their last year of service, and
B is the number of completed years (which has the meaning in rule 6(2) of Part 10) during which the deceased was employed as a retained firefighter in the period before 7 April 2000), as determined by the authority.
(9) The additional death grant will only be payable where the deceased first took up employment as a retained firefighter before 7 April 2000.
(10) Where the authority determines that a death grant is payable under this rule, the authority must pay the death grant during the period of three months beginning with the date on which the application for a death grant was received.
(11) Subject to paragraph (12) the authority may pay the death grant, in whole or in part, to such person, or persons as the authority think fit.
(12) The authority must not pay any part of the death grant to a person who is convicted of the murder or culpable homicide of the deceased, but this is subject to paragraph (13).
(13) Where a conviction of the description mentioned in paragraph (12) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay all or part of it to the person whose conviction is...
