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

Amendment of Part 5 (awards on death)

5.  In Part 5—

(a) in rule 1 (death grant)—

(i) in paragraph (2), for “(3)” substitute “(2A)”;

(ii) after paragraph (2), insert—

“(2A) In the case of a firefighter member who is a special firefighter member, paragraph (2) shall apply with the substitution of “twice” for “three times”.”;

(iii) in paragraph (3), for “Where” substitute “Subject to paragraph 3A, where”;

(iv) in paragraph (3), for “greater than three times that of” substitute “an amount greater than three times”;

(v) after paragraph (3), insert—

“(3A) In the case of a firefighter member who was a special firefighter member, paragraph (3) shall apply with the substitution of “twice” for “three times”, of “2” for “3” and “special pensionable service” for “pensionable service” where appropriate in the formula.”;

(vi) in paragraph (4), for “Where the deceased” substitute “Subject to paragraph 4A, where the deceased”;

(vii) after paragraph (4), insert—

“(4A) In the case of a firefighter member who was a special firefighter member, paragraph (4) shall apply with the substitution in sub-paragraph (a) of “twice” for “three times”, of “2” for “3” and “special pensionable service” for “pensionable service” where appropriate in the formula.”;

(viii) in paragraph (5) for “Where the deceased” substitute “Subject to paragraph (5A), where the deceased”;

(ix) after paragraph (5) insert—

“(5A) In the case of a firefighter member who was a special firefighter member, paragraph (5) shall apply with the substitution, in sub-paragraph (b)(i), of “twice” for “three times” and with the modifications to paragraphs (3) and (4) applied by paragraphs (3A) and (4A).”;

(b) after rule 1 (death grant), insert—

“Death grant for limited period

1A.— (1) This rule applies—

(a) where a person was employed as a retained firefighter on or after 1st July 2000; and

(b) continued in such employment until dying before 6th April 2006.

(2) Where the deceased was married, or a member of a civil partnership, at the time of death, the spouse or civil partner may apply in writing to the authority for a death grant and any such application shall be made during the period ending on 31st March 2015.

(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of death or where the spouse or civil partner has died since the time of death, a child of the deceased may apply in writing to the authority for a death grant and any such application shall be made during the period ending on 31st March 2015.

(4) A person shall not be eligible for a child’s death grant under this rule if that person would not have been eligible for a child’s pension by virtue of anything in rule 7 of Part 4 at the time of the death of the deceased.

(5) The authority shall request from the person making the application under paragraph (2) or (3) such information required to enable it to determine the deceased’s pensionable pay or, where no information is provided, the authority shall determine the amount of pensionable pay from its records.

(6) The amount of the death grant shall be equal to the product of 2.5 and the amount of pensionable pay which the authority determines the deceased received in the last year of service.

(7) Where the authority decides to make a payment of death grant, it shall pay the death grant during the period of 3 months beginning with the date on which the application for a death grant was received.

(8) Subject to paragraph (9), the authority may pay the death grant, in whole or in part, to such person or persons as it thinks fit.

(9) The authority must not pay any part of the death grant to a person who is convicted of the murder or culpable homicide of the deceased, but this is subject to paragraph (10).

(10) Where a conviction of the description mentioned in paragraph (9) is quashed on appeal, the authority may, if it has not then paid the death grant in full, pay all or part of it to the person whose conviction is quashed.

(11) Where this rule applies, there is no entitlement to a death grant under rule 1 (death grant) or a post-retirement death grant under rule 2 of this Part or to a survivor’s pension or a bereavement pension or a child’s pension under Part 4 (survivors’ pensions).”;

(c) in paragraph (2) of rule 2 (post-retirement death grant), for “Paragraphs (9) to (11)” substitute “Paragraphs (10) to (12)”.