The Firefighters' Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017
| Jurisdiction | Scotland |
| Citation | SSI 2017/435 |
2017 No. 435
Public Service Pensions
The Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017
Made 12th December 2017
Laid before the Scottish Parliament 14th December 2017
Coming into force 30th January 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26(1) to (5) of the Fire Services Act 19471, section 12 of the Superannuation Act 19722and sections 1(1) and (2)(f) and 3(2)(b), (3)(a) and (3)(b) of, and paragraph 6(c) of schedule 2 of, the Public Service Pensions Act 20133and all other powers enabling them to do so.
In accordance with section 21 of the Public Service Pensions Act 2013, the Scottish Ministers have consulted the representatives of such persons as appear to the Scottish Ministers likely to be affected by these Regulations.
Citation, commencement and effect
1.—(1) These Regulations may be cited as the Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017.
(2) These Regulations come into force on 30th January 2018.
(3) Regulations 2 to 7 of these Regulations have effect from 1st April 2015.
(4) Regulation 8 of these Regulations has effect from 6th February 2017.
Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015
2. The Firefighters’ Pension Scheme (Scotland) Regulations 20154are amended in accordance with regulations 3 to 7.
Amendments to Part 5 (retirement benefits)
3.—(1) Part 5 (retirement benefits) is amended as follows.
(2) In regulation 71 (option to commute part of pension) in paragraph (4)—
(a)
(a) in the opening words, after “exchange” insert “for a lump sum under this regulation”; and
(b)
(b) in sub-paragraph (a), omit “for a lump sum under this regulation”.
(3) In regulation 71A5(option to commute part of an equivalent amount)—
(a)
(a) in the opening words of paragraph (3) for “rule” substitute “regulation”; and
(b)
(b) after paragraph (3) insert—
“4 Where the person is entitled to the immediate payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule B7 (commutation-general provision) of the 1992 Scheme.”.
Amendments to Part 6 (death benefits)
4.—(1) Part 6 (death benefits) is amended as follows.
(2) In regulation 78(1) (surviving partner’s pension payable on death of active member), for “more than” substitute “at least”.
(3) In regulation 92 (bereavement pension: eligible child), in paragraphs (3) and (4) for “surviving partner’s pension”, in each place where the words occur, substitute “eligible child’s pension”.
Amendments to Part 8 (contributions)
5.—(1) Part 8 (contributions) is amended as follows.
(2) In regulation 111 (contributions during absence from work due to illness, injury, trade dispute or authorised absence), in paragraph (2) after “may” insert “elect to”.
(3) In regulation 119(5) (refund of employer additional contribution for ill health award following review)—
(a)
(a) for “instalments of higher tier ill-health pension or lower tier ill-health pension”, substitute “instalments of higher tier ill-health additional contributions or lower tier ill-health additional contributions”; and
(b)
(b) after “in respect of P”, in the first place where those words occur, insert “from the date that the entitlement ceased”.
Amendment to Part 11 (appeals and determinations)
6. In Part 11 (appeals and determinations), in regulation 144(4)(b) (appeals against determinations based on medical evidence), for “rule” substitute “regulation”.
Amendments to Schedule 2 (transitional provisions)
7.—(1) Schedule 2 is amended as follows.
(2) In Part 3A6(payment of ill-health benefits to transition members), in paragraph 22(2)(a) (transition member who has not reached normal pension age under the NFPS), after “(awards on ill-health retirement)”, insert “of Part 3 (personal awards)”.
(3) In Part 3C7(transitional provisions relating to the NFPS and the 1992 Scheme)—
(a)
(a) in paragraph 37 (scheme manager determines member of the NFPS is not entitled to an ill-health award)—
(i) for the heading substitute “Authority determines the entitlement of a member of the NFPS to an...
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