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The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015

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Amendment of Part 12

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29.  In Part 12 (transfers into and out of the Scheme)—

(a)in rule 1 (interpretation of Part 12), after “In this Part–” insert—

“final salary benefit” means benefit accrued under a final salary scheme as defined in section 37 (general interpretation) of the 2013 Act;;

(b)in rule 2 (entitlement to transfer value payment)—

(i)in paragraph (2), for “A firefighter” insert “Subject to paragraph (2A), a firefighter”; and

(ii)after paragraph (2), insert—

(2A) A transition member (T), who is a connected member of this Scheme or has received a lower tier ill-health pension under the 2015 Scheme, is not entitled to require the payment of a transfer value in respect of the rights to benefits that have accrued to or in respect of T under this Scheme.;

(c)in rule 8 (applications for acceptance of transfer value payment from another scheme), after paragraph (3) insert—

(4) A person who is a protected member of this Scheme, or a person who becomes an active member of the 2015 scheme, may apply for a transfer value payment from another public service pension scheme which is a final salary scheme, or includes final salary benefit, to be accepted by the authority for the purposes of this Scheme.;

(d)in rule 9 (procedure for applications under rule 8)—

(i)in paragraph (2), for “paragraph (4)” substitute “paragraphs (4) and (5),”; and

(ii)after paragraph (4), insert—

(5) Where the application is made by a person who joins this Scheme as a firefighter member (other than as a special firefighter member) the application must be made within one year of the person becoming a firefighter member of this Scheme or within one year of the person becoming an active member of the 2015 Scheme, as the case may be.; and

(e)in rule 10 (acceptance of transfer value payments)—

(i)in paragraph (1), for “paragraph (3)” substitute “paragraphs (3) and (4)”; and

(ii)after paragraph (3), insert—

(4) Where the application under rule 8 is made by a person to whom paragraph (4) of that rule applies, paragraphs (2) and (3) (limit on maximum amount of pensionable service that can be accrued) of rule 2 of Part 10 do not apply to that transfer value payment and the authority must accept the transfer value payment unless paragraph (3) of this rule applies..

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