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12.—(1) Subject to both the calculation of a transfer payment under Chapter 2 and to paragraph (7) of this rule, where a firefighter member–
(a)leaves the employment of an authority (the “former authority”);
(b)without a break of service, takes up employment as a firefighter with another authority (the “new authority”); and
(c)in that capacity continues to be a member of this Scheme,
the former authority shall in addition to providing a cash transfer value calculated under Chapter 2 of this Part, not later than six months after the firefighter member left their employment, supply the new authority with a certificate showing the pensionable service the firefighter member was entitled to reckon as at the date on which the firefighter member left the former authority’s employment (“the material date”).
(2) At the same time as the former authority supply a certificate under paragraph (1), they shall send a copy of it to the person concerned, together with a statement of its effects on completion of the transfer.
(3) Subject to paragraph (7), if the person concerned is dissatisfied with the information specified in a certificate under paragraph (1), the person may, within three months after being supplied with a copy of it, ask the former authority to determine the accuracy of the information contained in it.
(4) A person who makes a request under paragraph (3) shall send a copy of it to the person’s new authority.
(5) A request under paragraph (3) shall be considered by means of the arrangements for the resolution of disagreements implemented by the authority pursuant to the requirements of section 50 of the Pensions Act 1995(1) (resolution of disputes) and the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996(2); and the authority shall either confirm the certificate or issue a new certificate.
(6) If the person concerned does not make a request under paragraph (3), the certificate as supplied, and if the person does make such a request, the certificate as confirmed or the new certificate issued (as the case may be), is conclusive as to the pensionable service the person was entitled to reckon at the material date.
(7) If, after the material date but before a certificate has been supplied under paragraph (1), the person concerned–
(a)claims a pension or lump sum under this Scheme;
(b)claims a pension or lump sum under the Compensation Scheme; or
(c)dies,
that paragraph ceases to apply.
(8) If an event mentioned in any sub paragraphs (a) to (c) of paragraph (7) occurs before the certificate in question has become conclusive, the certificate ceases to have effect and paragraph (3) ceases to apply.
(9) As soon as reasonably practicable after a certificate has become conclusive, the new authority shall give effect to it by crediting the person concerned with the pensionable service shown in the certificate.
(10) For the purposes of this rule, at least the former authority or the new authority must be a Scottish fire authority.
S.I. 1996/2788.
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