The Firefighters' Pension Schemes (Amendment) (Scotland) Regulations 2015
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2015No. 141
PUBLIC SERVICE PENSIONS
The Firefighters' Pension Schemes (Amendment) (Scotland) Regulations 2015
24thMarch2015
26thMarch2015
1stApril2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(f) of, and paragraph 6(c) of Schedule 2 to, the Public Service Pensions Act 2013( 1) and all other powers enabling them to do so.
In accordance with section 21 of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.
PART 1
General
Citation and commencement
1.-(1) These Regulations may be cited as the Firefighters' Pension Schemes (Amendment) (Scotland) Regulations 2015.
(2) These Regulations come into force on 1st April 2015.
PART 2
Amendment of the Firefighters' Pension Scheme (Scotland) Regulations 2015
General
2. The Firefighters' Pension Scheme (Scotland) Regulations 2015( 2), which establish the Firefighters' Pension Scheme (Scotland) 2015, are amended in accordance with regulations 3 to 22.
Amendment of regulation 3
3. In regulation 3 (interpretation)-
(a) in the appropriate places insert-
""adjusted lower tier ill-health pension" has the meaning given in regulation 66(4) (annual rate of ill-health awards);
"connected member of the NFPS" has the meaning given in rule 1C of Part 2 of the NFPS;
"connected special member of the NFPS" has the meaning given in rule 1D of Part 2 of the NFPS;
"continued pension" means-
(a) in relation to a member of the NFPS, the entitlement to a pension under rule 1B of Part 3 of the NFPS;
(b) in relation to a member of the 1992 Scheme, the entitlement to a pension under rule B2A of the 1992 Scheme;
"deferred member of the 1992 Scheme" means a person who is entitled to a deferred pension under rule B5 of the 1992 Scheme;
"deferred member of the NFPS" has the meaning given in rule 2(1) of Part 1 of the NFPS;
"equivalent amount to the 1992 Scheme lower tier ill-health pension" has the meaning given in regulation 65(4) (entitlement to lower tier ill-health pension and higher tier ill-health pension);
"equivalent amount to the NFPS lower tier ill-health pension" has the meaning given in regulation 65(4) (entitlement to lower tier ill-health pension and higher tier ill-health pension);
"initial period" has the meaning given in regulation 77 (meaning of "initial period");
"pensionable service in the 2015 scheme" means any continuous pensionable service in relation to the active member's account in this scheme to which pensionable service in the 1992 Scheme was added for the purposes of regulation 57 (qualifying service) of these Regulations for the period whilst paragraph (7) of rule A3 of the 1992 Scheme continues to apply to that person;"; and
(b) in the definition of "retirement pension", after paragraph (b) insert-
"(c) an ill-health award and the payment of any equivalent amount to the 1992 Scheme lower tier ill-health pension (if any) and the payment of any equivalent amount to the NFPS lower tier ill-health pension (if any)".
Insertion of regulations 5A to 5E
4. After regulation 5, insert-
"Establishment of pension board
5A.
-(1) A pension board ("the Scottish Firefighters' Pension Board") is established.
(2) The pension board is responsible for assisting the scheme manager in relation to securing compliance with-
(a) these Regulations;
(b) any other legislation relating to the governance and administration of this scheme and any connected scheme; and
(c) requirements imposed by the Pensions Regulator in relation to this scheme and any connected scheme.
(3) The scheme manager is to determine the process by which the pension board discharges its functions.
Membership of pension board
5B.
-(1) Subject to paragraph (2), the scheme manager may determine-
(a) the membership of the pension board;
(b) the manner in which the members of the pension board may be appointed and removed; and
(c) the terms of appointment of the members of the pension board.
(2) The pension board is to include equal numbers of members representing the authority and members of the scheme.
Establishment of scheme advisory board
5C.
-(1) A scheme advisory board ("the Scottish Firefighters' Pension Scheme Advisory Board") is established.
(2) The scheme advisory board is responsible for providing advice to the scheme manager, at the scheme manager's request, on the desirability of changes to this scheme.
(3) The scheme manager is to determine the process by which the scheme advisory board discharges its functions.
Membership of scheme advisory board
5D. The scheme manager may determine-
(a) the membership of the scheme advisory board;
(b) the manner in which members of the scheme advisory board may be appointed and removed; and
(c) the terms of appointment of the members of the scheme advisory board.
Conflict of interest
5E.
-(1) The scheme manager must be satisfied that-
(a) any person to be appointed as a member of the pension board does not have a conflict of interest within the meaning of section 5(5) of the 2013 Act;
(b) any person to be appointed as a member of the scheme advisory board does not have a conflict of interest within the meaning of section 7(5) of the 2013 Act.
(2) The scheme manager must be satisfied from time to time that none of the members of the pension board or of the scheme advisory board has a conflict of interest.
(3) A person who is to be appointed as a member of a relevant board must provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of paragraph (1).
(4) A person who is a member of a relevant board must provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of paragraph (2).".
Amendment of regulation 6
5. In regulation 6 (scheme employment), for paragraph (3) substitute-
"(3) A person who is a member of the 1992 Scheme or of the NFPS satisfies the requirement in this paragraph.".
Amendment of regulation 51
6. In regulation 51 (account to specify amount of retirement pension (active members))-
(a) after paragraph (3), insert-
"(3A) Where the active member is entitled to an equivalent amount to the 1992 Scheme lower tier ill-health pension or to an equivalent amount to the NFPS lower tier ill-health pension, the retirement account must specify that amount."; and
(b) after paragraph (4), insert-
"(4A) For an equivalent amount to the 1992 Scheme lower tier ill-health pension or an equivalent amount to the NFPS lower tier ill-health pension, the retirement account must specify any commutation amount.".
Amendment of regulation 59
7. In regulation 59 (annual rate of retirement pension (active members)), after paragraph (2)(b) insert-
"(ba) the sum of-
(i) the equivalent amount to the NFPS lower tier ill-health pension (if any) or the equivalent amount to the 1992 Scheme lower tier ill-health pension (if any) specified in the member's retirement account,
(ii) subtracting the commutation amount (if any) specified in that account in relation to that amount; and".
Amendment of regulation 62
8. In regulation 62 (employer initiated retirement) after paragraph (3) insert-
"(4) Where the authority is considering making a determination under paragraph (2) in respect of an active member who is a connected member of the NFPS, or a connected special member of the NFPS, in relation to that active member's pension account, the employer must also consider making a determination under rule 6 (pension on authority-initiated early retirement) of Part 3 of the NFPS.".
Amendment of regulation 65
9. In regulation 65 (entitlement to lower tier ill-health pension and to higher tier ill-health pension), for paragraph (3) substitute-
"(3) Where an active member (A) is entitled to a lower tier ill-health pension and paragraph 22 (transition member who has not reached normal pension age under the NFPS) or paragraph 24 (transition member who has not reached normal pension age under the 1992 Scheme) of Schedule 2 to these Regulations applies in relation to A-
(a) if paragraph 22 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule 2(2) of the NFPS, be payable to the member under the NFPS;
(b) if paragraph 24 applies in relation to A, A is also entitled to an amount equivalent to the annual amount of a lower tier ill-health pension that would, if the member were entitled to payment of a lower tier ill-health pension under rule B3 (ill health awards) of the 1992 Scheme, be payable to the member under the 1992 Scheme.
(4) In these Regulations-
(a) the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (a) of paragraph (3) is referred to as the "equivalent amount to the NFPS lower tier ill-health pension";
(b) the amount equivalent to the annual amount of a lower tier ill-health pension in sub-paragraph (b) of paragraph (3) is referred to as the "equivalent amount to the 1992 Scheme lower tier ill-health pension".".
Amendment of regulation 66
10. In regulation 66 (annual rate of ill-health awards)-
(a) after paragraph (3), insert-
"(3A) In the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension or to an equivalent amount to the 1992 Scheme lower tier ill-health pension, the adjusted lower tier ill-health pension includes the adjusted equivalent amount."; and
(b) in paragraph (4), after the definition of "the adjusted lower tier ill-health pension" insert-
""the adjusted equivalent amount" means-
(a) in the case of a member who is entitled to an equivalent amount to the NFPS lower tier ill-health pension, that amount calculated-
(i) excluding from the calculation the amount of any additional period of service purchased under Part 11 of...
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