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The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014

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Amendment of Part 3 (personal awards)

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3.  In Part 3—

(a)in rule 1 (ordinary pension), for paragraph (2) substitute—

(2) This rule does not apply to—

(a)a firefighter member whose notice of retirement states that the person is retiring forthe purpose of taking up employment with another authority; or

(b)subject to rule 18 of Part 12, a special firefighter member in respect of special pensionable service.;

(b)after rule 1, insert—

Special member’s ordinary pension

1A.(1) Subject to paragraph (2), this rule applies to a member of this Scheme who is a special member and who satisfies one of the special eligibility conditions and retires or has retired.

(2) This rule does not apply to a special firefighter member whose notice of retirement states that the member is retiring for the purpose of taking up employment as a firefighter with another authority.

(3) Where a special member to whom this rule applies—

(a)is not entitled to an ill health award under rule 2 or 2A;

(b)attains or has attained the age of 55; and

(c)retires,

that person is entitled to a special member’s ordinary pension.

(4) A special member who is not entitled to a special member’s ordinary pension under paragraph (3) or an ill health award under rule 2 or 2A is entitled to a deferred pension.

(5) Where a special member to whom this rule applies becomes entitled to a special member’s ordinary pension in respect of service as a retained firefighter, his or her special member’s ordinary pension shall be calculated by multiplying final pensionable pay by special pensionable retained service and dividing the resultant amount by 45.

(6) Where a special member to whom this rule applies has special pensionable service as a regular firefighter accrued whilst that person was a special member, he or she becomes entitled on retiring to a special member’s ordinary pension calculated by multiplying that part of that person’s special pensionable service which is attributable to service as a regular firefighter by final pensionable pay and dividing the resultant amount by 45.

(7) Where paragraph (6) applies, the amount calculated under that paragraph shall be added to the amount calculated under paragraph (5).

(8) Where a person joins this Scheme as a special pensioner member and is entitled to a pension under this rule, the authority shall pay to that person a lump sum equal to the value, together with interest, of the pension payments (“the past pension payments”) he or she would have received up to the date of payment of the lump sum if at the date of retirement he or she had been a member of this Scheme who had made contributions equivalent to contributions under rules 6A and 6B of Part 11 and shall thereafter pay that person a special member’s ordinary pension.

(9) The interest payable in accordance with paragraph (8) is payable as follows—

(a)for the purposes of calculating interest under this paragraph, it shall be assumed that the past pension payments were payable from the date that the member reached normal retirement age;

(b)interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (8);

(c)interest shall be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of the lump sum,

and for the purposes of this rule “past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available of the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).;

(c)in rule 2 (award on ill-health retirement), for paragraph (2) substitute—

(2) Every firefighter member to whom this rule applies and who satisfies—

(a)in the case of a firefighter member other than a special firefighter member, an eligibility condition,

(b)in the case of a special firefighter member, one of the special eligibility conditions,

is entitled on retiring to a lower tier ill-health pension calculated in accordance with paragraph 1 of Annex 1 to this Scheme.;

(d)after rule 2, insert—

Retrospective award on ill-health retirement

2A.(1) This rule applies to a person who elects to join this Scheme as a special deferred member or a special pensioner member and who had been dismissed on the grounds of ill-health or had retired from employment as a retained firefighter before 6th April 2006.

(2) A person to whom this rule applies may apply to the authority which last employed that person as a retained firefighter to be assessed by an IQMP selected by it to determine whether he or she was permanently incapable of performing the duties of a firefighter on the date on which he or she was dismissed on the grounds of ill-health or retired and whether he or she has become capable of performing those duties since that date.

(3) An application under paragraph (2) shall be made during the period of 3 months beginning with the day on which the notice was served by the authority under rule 5A(13) (purchase of service during the limited period) of Part 11.

(4) The authority shall obtain a written opinion from an IQMP on whether the person was at the date of dismissal or retirement permanently incapable of performing the duties of a firefighter and if so, whether he or she has become capable of performing those duties since that date.

(5) The authority shall determine whether the person is entitled to a retrospective award for ill-health retirement on the basis of the written opinion of the IQMP and may only determine that a person is entitled to an award where the IQMP gives an opinion that the person was permanently incapable of performing the duties of a firefighter on the date of dismissal or retirement and has not become capable of performing those duties since that date.

(6) The IQMP must certify in the opinion under paragraph (4)—

(a)that he or she has not previously advised, or given an opinion on, or otherwise been involved in, the particular case for which the opinion has been requested, and

(b)that he or she is not acting, and has not at any time acted, as the representative of the employee, the authority or any other party in relation to the same case.

(7) Where the IQMP has given an opinion under paragraph (4), it shall be subject to review under rule 3 (review of medical opinion) of Part 8 (determination of questions and appeals) and to the outcome of an appeal under rule 4 (appeals against decisions based on medical advice) in Part 8 (determination of questions and appeals).

(8) An IQMP’s opinion under paragraph (4) shall be binding on the authority unless it is superseded by a response under rule 3 of Part 8 or the outcome of an appeal under rule 4 of Part 8 as mentioned in paragraph (7).

(9) If—

(a)the person concerned wilfully or negligently fails to submit to medical examination by the IQMP selected by the authority, and

(b)the IQMP is unable to give an opinion on the basis of the medical evidence available to him or her,

the authority may make a decision on the issue on such other medical evidence as it thinks fit or without medical evidence.

(10) If the authority determines that the person is entitled to a retrospective award following ill-health retirement, it shall give written notice to that person within 14 days of its determination together with a copy of the IQMP’s opinion.

(11) Where the authority does not determine that the person is entitled as mentioned in paragraph (10) to a retrospective award following ill-health retirement, it shall—

(a)give written notice to that person within 14 days of its determination;

(b)provide that person with a copy of the IQMP’s opinion; and

(c)inform that person that an application for a review of that opinion under rule 3 (review of medical opinion) can be made or an appeal against that decision under rule 4 (appeals against decisions based on medical advice) of Part 8 (determination of questions and appeals) can be taken.

(12) Where a person has satisfied one of the special eligibility conditions and the authority has determined that that person is entitled to a retrospective award following ill-health retirement, the authority shall pay to that person a lump sum equal to the value, together with interest, of the payments of higher tier ill-health pension (“past pension payments”) the person would have received up to the date of payment of the lump sum if at the date of dismissal or retirement he or she had been a member of this Scheme who had made contributions equivalent to his or her contributions under rule 6A of Part 11 and shall thereafter pay the person a higher tier ill-health pension.

(13) The interest payable in accordance with paragraph (12) is payable as follows—

(a)for the purposes of calculating interest under this paragraph, it shall be assumed that the past pension payments were payable from the date that the member would have first received payment of higher tier ill-health pension if, at the date of dismissal or retirement, that person had been a member of this Scheme;

(b)interest starts to accrue from the date that the first past pension payment would have been made in accordance with sub-paragraph (a) and ceases to accrue on the date of payment of the lump sum in accordance with paragraph (12);

(c)interest shall be calculated by applying the past interest rate to the past pension payment compounded monthly between the month each past pension payment would have been made in accordance with sub-paragraph (a) until the date of payment of lump sum,

and for the purposes of this rule “past interest rate” is a rate equivalent to the interest available on the most recent issue of five-year fixed interest savings certificates from National Savings and Investments available on the 15th day of each month which would have been applicable to the period when the past pension payment in question would have been made in accordance with sub-paragraph (a).

(14) A member of this Scheme entitled to a retrospective award under this rule is not entitled to an ordinary pension or a special member’s ordinary pension in respect of the same special pensionable service. ;

(e)in rule 3 (deferred pension)—

(i)in paragraph (1), for “This rule applies” substitute “Subject to paragraph (7), this rule applies”;

(ii)after paragraph (6), insert—

(7) In the case of a firefighter member who is a special firefighter member, paragraph (1) shall apply with the substitution, in sub-paragraph (a), of “one of the special eligibility conditions” for “an eligibility condition” and with the substitution in paragraph (3) of “45” for “60” and “special pensionable service” for “pensionable service”.;

(f)in paragraph (1) of rule 5 (pension on member-initiated early retirement), after “firefighter member”, insert “other than a special firefighter member”;

(g)in rule 6 (pension on authority-initiated early retirement), after paragraph (2) insert—

(3) This rule does not apply to a firefighter member who is a special firefighter  member.;

(h)in rule 7 (entitlement to two pensions)—

(i)in paragraph (1), for “paragraph (6)” substitute “paragraphs (6) and (9)”;

(ii)after paragraph (8), insert—

(9) In the case of a special member, this rule applies with the substitution of “45” for “60” in paragraphs (3), (4) and (7), with the substitution of “special pensionable service” for “pensionable service” wherever it occurs and with the substitution of “(1A)” for “(1)” in paragraph (5).;

(i)in rule 7B (additional pension benefit), in paragraph (2) after “Scheme Actuary” insert “and separate guidance and tables shall be provided for special members”;

(j)in rule 9 (commutation: general)—

(i)in paragraph (2), for “The lump sum” substitute “Subject to paragraph (2A), the lump sum”;

(ii)after paragraph (2), insert—

(2A) In the case of a pension payable in respect of a special pensioner member, the lump sum shall be calculated by multiplying the amount of the person’s pension represented by the commuted portion at retirement by the factor specified in the table in Annex ZA by reference to the person’s age.;

(iii)in paragraph (4) for “The commuted portion” substitute “Subject to paragraph (4A), the commuted portion”;

(iv)after paragraph (4) insert—

(4A) In the case of a special member, the commuted portion must not exceed—

(a)the amount calculated in accordance with paragraph (4); and

(b)the maximum amount which would enable a lump sum to be paid to the member without incurring a scheme chargeable payment,

whichever is lower.;

(v)after paragraph (8), insert—

(8ZA) In relation to a pension payable to a person who joins this Scheme as a special pensioner member, paragraphs (6) and (7) of this rule have effect as if references to the day of retirement and the effective date were references to the date on which the pension comes into payment.;

(vi)after paragraph (8C), insert—

(8D) Where paragraph (8B) applies and the person entitled to that other pension is a special pensioner member, paragraph (8B) shall apply with the substitution of “special pensionable service” for “pensionable service”..

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