The Firefighters’ Pension Scheme (Scotland) Regulations 2015

Tapered protection: members of the 1992 Scheme or the NFPS on scheme closing date

18.—(1) This paragraph applies if any of sub-paragraphs (2) to (6) applies.

(2) This sub-paragraph applies if—

(a) P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS on the scheme closing date;

(b) on 31st March 2012, P was an active member of the 1992 Scheme or was an active member, or eligible to be an active member, of the NFPS; and

(c) if P is an active member of the 1992 Scheme P would, unless P dies, reach normal pension age under that scheme, or if P is an active member or eligible to be an active member of the NFPS, P would reach normal pension age under that scheme during the period beginning with 2nd April 2022 and ending with 31st March 2026.

(3) This sub-paragraph applies if—

(a) P was an active member of the 1992 Scheme on 31st March 2012 and on the scheme closing date; and

(b) P had not reached age 40 on 1st April 2012 and had at least 20 years’ pensionable service under the 1992 Scheme at that date.

(4) This sub-paragraph applies if—

(a) P was an active member of the 1992 Scheme on 31st March 2012 and on the scheme closing date; and

(b) P had reached age 40 on 1st April 2012 and had at least 16 years’ pensionable service (but not 20 years or more) under the 1992 Scheme at that date.

(5) This sub-paragraph applies if—

(a) P was an active member of the 1992 Scheme on 31st March 2012 and on the scheme closing date;

(b) P had reached age 36 years and 1 month (but had not reached age 40) on 1st April 2012;

(c) P had not completed 20 years’ pensionable service under the 1992 Scheme at 1st April 2012; and

(d) P’s completed pensionable service under the 1992 Scheme at 1st April 2012 was such that the sum of—

(i) that service (in complete years and months); and

(ii) P’s age at that date (in complete years and months),

was at least 56 years.

(6) This sub-paragraph applies if—

(a) P was an active member of an existing scheme other than the 1992 Scheme or the NFPS, or of an existing public body pension scheme, (“P’s transitional scheme”) on 31st March 2012;

(b) P was an active member of the NFPS on the scheme closing date; and

(c) P would, unless P dies, reach normal pension age under—

(i) the NFPS during the period beginning with 2nd April 2022 and ending with 31st March 2026, and

(ii) P’s transitional scheme on or before 1st September 2025.