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

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Amendment of Part B

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34.  In Part B (personal awards)—

(a)in rule B1 (ordinary pension), after paragraph (2)(c) insert—

; or

(d)a person to whom paragraph (6) of rule A3 applies; and

(b)after rule B1, insert—

Continuous service pension

B1A.(1) Where a person satisfies the requirements of paragraph (7) of rule A3, that person is entitled on retiring from scheme employment in the 2015 Scheme at or after normal pension age to a continuous service pension calculated in accordance with Part 2A of Schedule 2.

(2) A person to whom paragraph (1) applies is not entitled to a pension or award under rule B1 (ordinary pension), B2 (short service award), rule B3 (ill health awards) or B5 (deferred pension).

(3) Where rule B1 (ordinary pension) would have applied to a person to whom paragraph (1) applies if rule A3(6) (exclusive application to regular firefighters) had not applied to that person-

(a)the age at which that person may retire is ascertained by applying rule B1 to that person as if the reference to the “pensionable service” in paragraph (1)(a) included “2015 pensionable service”; and

(b)in paragraph (1) of this rule for “normal pension age” as if the age ascertained in sub-paragraph (a).

B1B.(1) A person to whom rule B1A does not apply and to whom paragraph (6) of rule A3 does apply is entitled to a deferred pension under rule B5 (deferred pension).

(2) A person who is entitled to a deferred pension under paragraph (1) of this rule is not entitled to a pension or award under rule B1A (continuous service pension), rule B1 (ordinary pension), rule B2 (short service award), or rule B3 (ill health awards).  ;

(c)in rule B2 (short service award)—

(i)in paragraph (1), for “This rule” substitute “Subject to paragraph (3), this rule”; and

(ii)after paragraph (2), insert—

(3) This rule does not apply to a person to whom paragraph (6) of rule A3 applies.;

(d)after rule B2, insert—

Continued pension

B2A.  Where a person to whom paragraph (7) of rule A3 applies is entitled to an equivalent amount of 1992 lower tier ill-health pension under regulation 65(4)(a) (entitlement to lower tier ill-health pension and to higher tier ill-health pension) of the 2015 Regulations and that person reaches normal pension age under this Scheme or the age for retirement ascertained in accordance with rule B1A(3)(i), that person is entitled to a continued pension of an amount equal to the annual rate of the equivalent amount to the 1992 Scheme lower tier ill-health pension.;

(e)in rule B3 (ill health awards)—

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

(ii)after paragraph (1) insert—

(1A) This rule applies to a person if paragraph (6) of rule A3 applies to that person and the requirements of paragraph (7) of that rule are not satisfied.;

(f)in rule B5 (deferred pension), after paragraph (1) insert—

(1A) This rule applies to a person to whom paragraph (6) of rule A3 applies if paragraph (7) of that rule does not apply to that person.;

(g)in rule B5A (entitlement to two pensions), after paragraph (8) insert—

(9) Where a person to whom this rule applies is a person to whom paragraph (10) of rule G1 applies, in paragraph (3) for “E is the firefighters’ average pensionable pay for the year ending with his last day of service” substitute “E is the firefighters’ average pensionable pay as modified by paragraph (10) of rule G1 for the year ending with his last day of service in the 2015 scheme”.;

(h)in rule B5D (additional pension benefit: supplementary provisions)—

(i)in paragraph (1), after “paragraphs” insert “(1A),”;

(ii)after paragraph (1), insert—

(1A) Where additional pension benefit under rule B5B or B5C is payable to a person, who is entitled to a continuous service pension under rule B1A, it is payable from normal pension age or at the age ascertained in accordance with paragraph (3)(i) of rule B1A if that is earlier.;

(iii)after paragraph (2), insert—

(2A) Where a person to whom paragraph (6) of rule A3 applies is not entitled to a continuous service pension under rule B1A or to an ill health award under regulation 65 of the 2015 Regulations, paragraph (2) of this rule applies to that person as if that person were a firefighter who had resigned or been dismissed or made an election under rule G3.; and

(iv)after paragraph (3), insert—

(3A) Where the firefighter is entitled to an ill-health award under regulation 65 of the 2015 Regulations additional pension benefit is payable under this Scheme at the same time as the equivalent amount to the 1992 Scheme lower tier ill-health pension.;

(i)in rule B7 (commutation - general provision)—

(i)after paragraph (1), insert—

(1A) This rule also applies to a pension under rule B1A and to the equivalent amount to the 1992 Scheme lower tier ill-health pension where that amount is included in the annual rate of a retirement pension for a person under regulation 59(2)(ba) (annual rate of retirement pension (active members)) of the 2015 Regulations.;

(ii)in paragraph (2), for “paragraph (2A)” substitute “paragraphs (2A) and (2B)”;

(iii)after paragraph (2A), insert—

(2B) Where a person is entitled to a continued pension under rule B2A, that person may not commute a portion of that pension under this rule.;

(iv)in paragraph (5) for “In the case” substitute “Subject to paragraph (5A), in the case”; and

(v)after paragraph (5) insert—

(5A) In the case of a person who is entitled to a pension under rule B1A or to the equivalent amount to the 1992 Scheme lower tier ill-health pension where the annual rate of a retirement pension (active members) under regulation 59(2)(ba) of the 2015 Regulations includes that amount, the reference to “pensionable service” in sub-paragraph (a) of paragraph (5) includes “2015 pensionable service”.;

(j)in rule B9 (allocation), after paragraph (1) insert—

(1A) This rule applies to a pension under rule B1A..

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