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The Firefighters' Pension Scheme Amendment (Scotland) Order 2006

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6.  For rule B3 (ill-health award)(1), substitute–

Ill health awards

B3.(1) This rule applies to a regular firefighter who is required to retire under rule A15 (compulsory retirement on grounds of disablement) unless, immediately before his retirement, an election under rule G3 not to pay pension contributions had effect.

(2) A regular firefighter who is entitled–

(a)to reckon at least 2 years' pensionable service; or

(b)to an award under the Compensation Scheme,

becomes entitled on retiring–

(i)where paragraph (3) applies, to a lower tier ill-health pension calculated in accordance with paragraph 2 or 3 (as the case may be) of Part III of Schedule 2; and

(ii)where paragraph (4) applies, to the pensions referred to in paragraph (5)

(3) this paragraph applies where, in the opinion of an independent qualified medical practitioner, obtained in accordance with rule H1, the firefighter is capable of undertaking regular employment outside the fire and rescue service.

(4) This paragraph applies where, in the opinion of the independent qualified medical practitioner, obtained in accordance with rule H1, the firefighter is incapable of undertaking regular employment outside the fire and rescue service.

(5) The pensions are–

(a)a lower tier ill health pension calculated in accordance with paragraph 2 or 3 (as the case may be) of Part III of Schedule 2; and

(b)a higher tier ill health pension determined in accordance with paragraph 4 of that Part.

(6) A firefighter who is not entitled to a pension under paragraph (2), becomes entitled on retiring to a short service lump sum of an amount equal to the aggregate of his pension contributions.

(7) In paragraphs (3) and (4) “regular employment” means employment for 30 hours a week on average over a 12 month period..

(1)

Rule B32 was amended by article 2 of and paragraph 13 of the Schedule to S.S.I. 2005/566.

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