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The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015

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Amendment of Part 10 (payment of awards and financial provisions)

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11.—(1) Part 10 is amended as follows.

(2) In rule 3 (prevention of duplication)—

(a)in paragraph (1)(b), after “the 2006 Scheme” insert “or the 2015 Scheme”;

(b)in paragraph (2)—

(i)in sub-paragraph (a), after “the 2006 Scheme” insert “or Chapter 6 of Part 5 of the 2015 Regulations”;

(ii)in sub-paragraph (b), after “entitlement to pension)” insert, “or regulation 105 (entitlement to pension credit members’ pension) of the 2015 Regulations”;

(iii)in sub-paragraph (c), after “minimum pensions)” insert, “or regulation 166 (guaranteed minimum pension) of the 2015 Regulations”;

(c)in paragraph (3) for “as the case may be, rule 4 of Part 13 of the 2006 Scheme” substitute “rule 4 of Part 13 of the 2006 Scheme, or regulation 8 (service in two or more scheme employments) and regulation 9 (application of Chapter 2 – Pensionable service) of the 2015 Regulations, as the case may be”;

(d)in paragraph (4)(a), at the end. insert—

or

(iii)under regulation 58 or 65 of the 2015 Regulations, a retirement pension or a lower tier ill-health pension or a higher tier ill-health pension;.

(3) In rule 4 (prevention of duplication: other injury awards)—

(a)in paragraph (1), after the definition of “Part 8 award”, insert—

“regulation 65 award” means an entitlement to a lower tier ill-health pension or a higher tier ill-health pension under regulation 65 of the 2015 Regulations;;

(b)in paragraph (2)(b)(i), after “a rule 2 award,”, insert “a regulation 65 award,”;

(c)in paragraphs (3) and (4), for “or, as the case may be, the rule 2 award” in each place where the words occur substitute “or the rule 2 award or the regulation 65 award, as the case may be,”.

(4) In rule 5 (prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters)—

(a)at the end of paragraph (3)(k), omit “and”;

(b)after paragraph (3)(l), insert—

(m)a surviving partner’s pension under regulation 78, 79 or 80 of the 2015 Regulations;

(n)a surviving partner’s bereavement pension under regulation 81 of the 2015 Regulations;

(o)an eligible child’s pension under regulations 86, 87 or 88 of the 2015 Regulations;

(p)an eligible child’s bereavement pension under regulation 92 of the 2015 Regulations;

(q)a lump sum payable on death under regulations 96 and 97 of the 2015  Regulations..

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