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

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Amendment of Part A

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33.  In Part A (general provisions and retirement)—

(a)in rule A3 (exclusive application to regular firefighters)—

(i)in paragraph (1), for “paragraphs (3) to (5)” substitute “paragraphs (3) to (6)”; and

(ii)after paragraph (5), insert—

(6) This paragraph applies to a person who satisfies the requirements of paragraph (5) if that person ceases to be a person who is entitled to reckon service as a firefighter as pensionable service under rule F2 (current service) of this Scheme—

(a)where the person is not a full protection member of this Scheme or a tapered protection member of this Scheme, on the scheme closing date;

(b)where the person is a tapered protection member of this Scheme on the tapered protection closing date, or if earlier, on the date on which the person ceases to be a tapered protection member;

(c)where the person is a full protection member of this Scheme, on the date on which the member retires from scheme employment in the 2015 Scheme, or if earlier on the date on which the person ceases to be a full protection member of this Scheme.

(7) Where paragraph (6) applies, if the person remains in continuous pensionable service under the 2015 Scheme, or is treated as an active member of that Scheme, after the transition date without a break in that service or membership until the date on which that person retires or ceases to be an active member of that Scheme, and the pension account for that scheme employment was the account to which the pensionable service from this Scheme was added, the person is entitled to a pension under rule B1A of this Scheme.

(8) A person who is entitled to the payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension is treated as having been in continuous pensionable service under the 2015 Scheme for the purposes of paragraph (7) of this rule.

(9) Where paragraph (6) applies to a person who was entitled to an ill-health award under this Scheme or under the 2015 Scheme and who accepts an offer of employment made referred to in rule K1A(2)(b) of this Scheme or referred to in regulation 69(3)(b) of the 2015 Scheme, that person is treated as having been in continuous pensionable service under the 2015 Scheme for the purposes of paragraph (7) of this rule.

(10) A person who refuses the offer of employment mentioned in paragraph (9) becomes entitled to a deferred pension under rule B5 of this Scheme and paragraph (7) does not apply to that member.; and

(b)after rule A13, insert—

A13A.  The normal pension age for a regular firefighter to whom paragraph (7) of rule A3 applies is 55..

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