The Firemen’s Pension Scheme Amendment (Scotland) Order 2012

Made29th March 2012

Laid before the Scottish Parliament30th March 2012

Coming into force1st April 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 26(1) to (5) of the Fire Services Act 19471and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Firemen’s Pension Scheme Amendment (Scotland) Order 2012.

2

This Order comes into force on 1st April 2012.

3

Amendment of the Firemen’s Pension Scheme Order 1992.

2

Schedule 2 to the Firemen’s Pension Scheme Order 19922 is amended in accordance with articles 3 and 4 of this Order.

3

In rule G2 (pension contributions)—

a

in paragraph (1), for “paragraph (1A)” substitute “the Table in paragraph 3 of Part A1 of Schedule 8”; and

b

omit paragraph (1A).

4

In Schedule 8 for—

PURCHASE OF INCREASED BENEFITS

substitute—

PENSION CONTRIBUTION AND PURCHASE OF INCREASED BENEFITS
PART 1APENSION CONTRIBUTIONS
1
1
In the case of a whole-time regular firefighter the pension contribution mentioned in rule G2(1) is the percentage of his pensionable pay ascertained from the Table in paragraph 3 by reference to the amount of his pensionable pay in the first column of that Table.
2
For the purposes of sub-paragraph (1)—
a
where there has been a permanent material change to the terms and conditions of a regular firefighter’s employment which affects his pensionable pay, from the date of that change his pensionable pay in the first and second columns shall be calculated by reference to the revised amount.
b
pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a regular firefighter by the fire and rescue authority in respect of his continual professional development, but those payments will be included in his pensionable pay for the purposes of the application of the rate ascertained from that Table.
2
1
In the case of a part-time regular firefighter, the pension contribution mentioned in rule G2(1) is the percentage of his pensionable pay ascertained from the Table in paragraph 3 by reference to the amount of pensionable pay which he would have received had he been a whole-time regular firefighter.
2
For the purposes of sub-paragraph (1)—
a
where there has been a permanent material change to the terms and conditions of a part-time regular firefighter’s employment which affects his pensionable pay, from the date of that change his pensionable pay in the first and second columns shall be calculated by reference to the revised amount.
b
pensionable pay in the first column of the Table in paragraph 3 does not include payments made to a part-time regular firefighter by the fire and rescue authority in respect of his continual professional development, but those payments will be included in his pensionable pay for the purposes of the application of the rate ascertained from that Table.
3
The following Table is that referred to in paragraphs 1 and 2.
TABLE
Pensionable pay
Contribution rate from 1st April 2012
Up to and including £15,000
11.0% of pensionable pay
More than £15,000 and up to and including £30,000
11.6% of pensionable pay
More than £30,000 and up to and including £40,000
11.7% of pensionable pay
More than £40,000 and up to and including £50,000
11.8% of pensionable pay
More than £50,000 and up to and including £60,000
11.9% of pensionable pay
More than £60,000 and up to and including £100,000
12.2% of pensionable pay
More than £100,000 and up to and including £120,000
12.5% of pensionable pay
More than £120,000
13.0% of pensionable pay

Pensionable pay	Contribution rate from 1st April 2012
Up to and including £15,000	11.0% of pensionable pay
More than £15,000 and up to and including £30,000	11.6% of pensionable pay
More than £30,000 and up to and including £40,000	11.7% of pensionable pay
More than £40,000 and up to and including £50,000	11.8% of pensionable pay
More than £50,000 and up to and including £60,000	11.9% of pensionable pay
More than £60,000 and up to and including £100,000	12.2% of pensionable pay
More than £100,000 and up to and including £120,000	12.5% of pensionable pay
More than £120,000	13.0% of pensionable pay

JOHN SWINNEYA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh29th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Firefighters’ Pension Scheme (set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992) as it has effect in Scotland.

The amendment is to provide a different rate for pension contributions payable by members of the Firefighters’ Pension Scheme which increase according to the amount of pensionable pay which the member receives. The contribution rates are specified in paragraph 3 of the Table in Part A1 of Schedule 8. The contribution rate which applies to a part-time regular firefighter is that which is specified as though that person had been a whole-time firefighter. Where there is a change in a firefighter’s pensionable pay, the contribution rate which applies from that date is that specified for the revised amount of pensionable pay. For the purposes of ascertaining the rate of contribution, the pensionable pay does not include any payments made for continual professional development although these payments are included in pensionable pay for the purposes of calculating the pension contribution to be paid.