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The Firefighters' Pension Scheme Amendment (Scotland) Order 2006

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32.  In rule F2 (current service)(1), for paragraphs (3) and (4), substitute–

(3) A regular firefighter may, by written notice given to his employing authority within six months of returning to duty after a period of absence without pay (excluding absence for maternity, paternity or adoption leave), require them to reckon as pensionable service all or part of that period (the “reckonable period”).

(4) Where notice is given under paragraph (3), the firefighter shall, within 6 months of giving that notice, pay to the authority–

(a)the contributions (including any such additional or further contributions as are mentioned in rule G4) that he would have been liable to pay in respect of the reckonable period (in accordance with rule G2(1)) if he had been paid at his normal rate; and

(b)subject to paragraph (5), such amount as shall be notified to him by the authority as the amount that would have been payable by them if a notional funding system applied and an employers contribution was payable by the authority as part of the overall cost of pensionable service counting for the reckonable period.

(5) A fire and rescue authority may treat as paid the amount notified under sub paragraph (b) of paragraph (4); and where they do so, the requirements of that sub paragraph shall cease to apply.

(6) Nothing in paragraph (3) requires a fire and rescue authority to reckon as pensionable service any reckonable period where–

(a)in a case to which paragraph (5) applies, the requirements of paragraph (4)(a) have not been met;

(b)in any other case, the requirements of paragraph (4)(a) and (b) have not been met.

(7) Any periods of pensionable service before and after any period of maternity or adoption leave in respect of which the person has the right to, but does not pay, contributions under rule G2A shall be treated as continuous..

(1)

Rule F2 was amended by article 2 of and paragraph 13 of the Schedule to S.S.I. 2004/385 and article 2 to and paragraph 27 of the Schedule to S.S.I. 2005/566.

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