Search Legislation

The Firefighters' Pension Scheme Amendment (Scotland) Order 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This section has no associated Executive Note

77.  After rule L4, insert–

Prevention of duplication: other injury awards for persons who are both regular and retained firefighters

L4A.(1) This rule applies in relation to a person employed as both a regular firefighter and a retained firefighter who is entitled to both–

(a)an ill-health award under rule B3, an injury award under rule B4, or award under both of those rules from the fire and rescue authority which employs him as a regular firefighter; and

(b)an ill-health and injury award under rules B3 and B4, as they have effect as mentioned in rule J4(2) (“the rule J4 award”), from the fire and rescue authority which employs him as a retained firefighter.

(2) The fire and rescue authority which employs the person as a regular firefighter shall pay the award under rule B3 in full and, subject to paragraph (3), the authority which employs him as a retained firefighter shall pay only the injury element of the rule J4 award.

(3) Where the amount awarded under rule B3 is less than the amount which, but for paragraph (2), would have been paid to the person as the ill-health element of the rule J4 award, the fire and rescue authority which employs him as a retained firefighter shall pay him an amount equal to the amount of the difference.

(4) A firefighter who is entitled to both an award under rule B4 and the rule J4 award, shall receive a single award of an amount equal to the greater of the award under rule B4 and the J4 award; and rule L1(6) shall apply in respect of the payment of that single award.

Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters

L4B.(1) This rule applies where–

(a)a person employed as both a regular firefighter and a retained firefighter dies (whether during or after such employment); and

(b)a qualifying injury sustained in the course of such employment is certified by an independent qualified medical practitioner as the cause of death; and

(c)in consequence of the person’s death, another person becomes entitled not only to an award of a description mentioned in paragraph (2), but also to an award of a description mentioned in paragraph (3).

(2) The descriptions mentioned in this paragraph are–

(a)a spouse’s ordinary pension under rule C1,

(b)a spouse’s accrued pension under rule C4,

(c)a spouse’s requisite benefit and temporary pension under rule C6,

(d)a spouse’s award under rule C7 (award where no other award is payable),

(e)a child’s ordinary allowance under rule D1, and

(f)a child’s accrued allowance under rule D4.

(3) The descriptions mentioned in this paragraph are–

(a)a spouse’s special award under rule C2 (whether or not by virtue of rule J4(4)),

(b)a spouse’s augmented award under rule C3 (whether or not by virtue of rule J4(4)),

(c)a child’s special allowance under rule D2 (whether or not by virtue of rule J4(5)), and

(d)a child’s special gratuity under rule D3 (whether or not by virtue of rule J4(5)).

(4) The award of the description in paragraph (2) shall be paid in full, and the award of the description in paragraph (3) shall not be paid.

(5) Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way of an award of a description in paragraph (3), the fire and rescue authority which employed the deceased as a retained firefighter shall pay an amount equal to the amount of the difference..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources