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The Firefighters' Pension Scheme Amendment (Scotland) Order 2005

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40.  In rule F4 (previous service reckonable on payment)–

(a)for paragraph (1), substitute–

(1) A person who–

(a)has retired from employment with a fire and rescue authority without a pension and without any transfer value or cash equivalent becoming payable by the authority, and

(b)has within 12 months, with the written consent, applied for before retiring, of the authority from which he retired, taken up employment as a regular firefighter with another fire and rescue authority, and

(c)within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part 1 of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.;

(b)for paragraphs (3) and (4), substitute–

(3) A person who–

(a)has retired from employment by a fire and rescue authority with no pension other than an ill-health pension the unsecured portion of which has been terminated as mentioned in rule K1(3), and

(b)has again taken up employment as a regular firefighter with that or another fire and rescue authority, and

(c)within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay in accordance with paragraph 1 of Part I of Schedule 6 a sum calculated in accordance with paragraph 2 of that Part,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.

(4) A person who–

(a)has retired from employment with a fire and rescue authority with a deferred pension, and

(b)has by written notice to the authority relinquished the pension, and

(c)has again taken up employment as a regular firefighter with that or another fire and rescue authority, and

(d)within 6 months of taking up that employment, or such longer period as his employing authority may allow, has undertaken to pay the required amount in accordance with paragraph 1 of Part I of Schedule 6,

is entitled to reckon as pensionable service the period he was entitled to reckon when he retired.; and

(c)in paragraph (5), in sub-paragraph (a), for “the fire authority maintaining the brigade from which”, substitute “the fire and rescue authority from whose employment”.

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