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The Firefighters’ Compensation Scheme (Scotland) Amendment Order 2014

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1.  In Part 1 (general provisions)—

(a)in rule 2(1) (interpretation)—

(i)for the definition of “pensionable pay”, substitute—

“pensionable pay”—

(a)

in relation to a person who is a member of the 1992 Scheme, shall be construed in accordance with rule G1 of that Scheme;

(b)

in relation to a person who is a member of the 2006 Scheme, shall be construed in accordance with rule 1 of Part 11 of that Scheme;

(c)

in the case of a person who is not a member of either scheme, shall be construed in accordance with rule 11 of this Part;

(ii)after the definition of “regular firefighter”, insert—

“relevant service”, except where the context otherwise requires, means service which either was, or would but for an election under rule G3 of the 1992 Scheme or rule 5 of Part 2 of the 2006 Scheme or a failure to elect under rule G2A of the 1992 Scheme or rule 4 of Part 11 of the 2006 have been, reckonable as pensionable service;

(iii)for the definitions of “retained firefighter” and “retained or volunteer firefighter”, substitute—

“retained firefighter” means a person who is employed by the authority—

(a)

as a retained firefighter, but not as a regular firefighter or a volunteer firefighter;

(b)

on terms under which that person is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to that person’s role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting);

(c)

otherwise than in a temporary capacity; and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders received;

(iv)after the definition of “surviving spouse”, insert—

“volunteer firefighter” means a person who is employed by an authority—

(a)

as a volunteer firefighter but not as a regular firefighter or retained firefighter;

(b)

on terms under which that person is, or may be, required to engage in fire-fighting or may be required to perform other duties appropriate to that person’s role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting);

(c)

otherwise than in a temporary capacity, and

(d)

who is obliged to attend at such times as the officer in charge considers necessary, and in accordance with the orders received.;

(b)in rule 3—

(i)for the heading, substitute “Exclusive application to regular and retained firefighters”;

(ii)in paragraph (1), for “regular firefighters” substitute “regular and retained firefighters”;

(iii)in paragraph (2), for “regular firefighter” substitute “regular or retained firefighter”;

(c)in rule 6 (reckoning of service for purposes of awards)—

(i)in paragraph (2), for “regular firefighter” in each place where that phrase occurs substitute “regular or retained firefighter”;

(ii)in paragraph (3), for “retained or volunteer firefighter” substitute “volunteer firefighter”;

(iii)in paragraph (3), for the words from “Part 3” to the end substitute “Part 3 and except where the context otherwise requires, any period of service as a retained firefighter or as a part-time employee of a fire and rescue authority shall be treated as service as a whole-time employee of a fire and rescue authority when calculating a person’s relevant service”;

(d)in rule 7 (qualifying injury)—

(i)in paragraph (1)(b), omit “retained or”;

(ii)in paragraph (1), for “regular firefighter” substitute “regular or retained firefighter”;

(iii)in paragraph (3), omit “and paragraph (4) of rule 3 of Part 10” and “retained or”;

(e)after rule 10, insert—

Determining pensionable pay in certain cases

11.(1) Where an award is to be calculated in respect of a person who is not, or was not, a member of the 1992 Scheme or the 2006 Scheme, the definition of “pensionable pay” is to be construed in accordance with—

(a)rule G1 of the 1992 Scheme in the case of a person who elected not to pay pension contributions under rule G3 of that Scheme;

(b)rule 1 of Part 11 of the 2006 Scheme in the case of a person who elected not to pay pension contributions under rule 5 of Part 2 of that Scheme;

(c)rule 1 of Part 11 of the 2006 Scheme, where an election had been made at different times under both schemes.

(2) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 1992 Scheme, that person’s award is to be calculated on the basis of the pay which would have been average pensionable pay if the person had not made an election.

(3) Where, in accordance with paragraph (1), the definition of pensionable pay is to be construed in the case of a person in accordance with the 2006 Scheme, that person’s award is to be calculated on the basis of the pay which would have been final pensionable pay if the person had not made an election.

(4) For the purposes of calculating a retained firefighter’s pensionable pay (whether or not that person is or was a member of the 2006 Scheme), the authority shall determine the period of the person’s service from its records.

(5) Where the authority is not able to determine the period of the person’s service from its records, the person, or any other person entitled to an award under this Scheme, may provide the authority with documents to assist it to determine the person’s period of service.

(6) Where the authority is not able to determine the period of the person’s service and the authority does not hold records of that person’s pay for that period, and the necessary documents cannot be provided in accordance with paragraph (5), the authority may estimate the person’s pensionable pay for that period from the records which it holds and may in particular estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations as that or those at which the person was based for the relevant period..

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