The Firefighters' Pension Scheme Amendment (Scotland) Order 2005

25.  For rule C6 (widow’s requisite benefit and temporary pension), substitute–

“Spouse’s requisite benefit and temporary pension

C6.— (1) This rule applies where–

(a) a person entitled to reckon less than 2 years' pensionable service who is or has been a regular firefighter and by whom pension contributions have at any time been payable under rule G2 dies, leaving a surviving spouse, after the beginning of the tax year in which he attained or would have attained state pensionable age, and

(b) neither rule C2 nor rule C4 applies.

(2) Where this rule applies the surviving spouse is entitled–

(a) in respect of the first 13 weeks following the death, to a temporary pension, and

(b) after the last of those 13 weeks, to a requisite benefit pension.

(3) The weekly amount of the temporary pension is A – B, where–

• A is the weekly amount, immediately before the deceased died, of his pensionable pay or, as the case may be, his pension or pensions (including any increase under the Pensions (Increase) Act 1971)(1), and

• B is the weekly amount of any children’s allowances payable in respect of his death.

(4) The requisite benefit pension shall be calculated in accordance with Part V of Schedule 3.

(5) If–

(a) the deceased died while serving as a regular firefighter, and

(b) the amount of the capitalised value of the requisite benefit pension, as calculated by the Government Actuary, is less than that of his average pensionable pay,

the surviving spouse is entitled to a gratuity equal to the difference between those amounts.”.

(1)

1971 c. 56.