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The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019

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Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007

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3.—(1) Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007(1) (the New Firefighters’ Pension Scheme (Scotland)) is amended in accordance with paragraphs (2) to (7).

(2) In Part 1, in rule 2(1) (interpretation)—

(a)in the definition of “child”, in paragraph (a)(iii) for “nominated partner” substitute “cohabiting partner”,

(b)after the definition of “child’s pension” insert—

“cohabiting partner” has the meaning given by rule 1(5A) of Part 2,, and

(c)omit the definition of “nominated partner”.

(3) In Part 2 (scheme membership, cessation and retirement), rule 1 (scheme membership)—

(a)in paragraph (5)(b) for “nominated partner” substitute “cohabiting partner”,

(b)after paragraph (5) insert—

(5A) For the purposes of this rule, “cohabiting partner” in relation to the scheme member means a person—

(a)who has been living with the scheme member, otherwise than as the scheme member’s spouse or civil partner,

(b)at the date on which the question of the cohabiting partner’s status in relation to the scheme member falls to be considered, is not the spouse or civil partner of any other person,

(c)is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and

(d)is in a long-term relationship with the scheme member and could enter into a marriage or civil partnership with the scheme member,

“long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for a period of at least 2 years ending with the date on which the question of the person’s status in relation to the scheme member falls to be considered, or such shorter period as the authority may in any particular case think fit, and

“scheme member” means a firefighter member, deferred member or pensioner  member., and

(c)omit paragraphs (6) to (9).

(4) In Part 3 (personal awards)—

(a)in rule 7 (entitlement to two pensions)—

(i)in paragraph (2) for “paragraphs (3) and (4)” substitute “paragraphs (3), (3A) and (4)”, and

(ii)after paragraph (3) insert—

(3A) The amount of the first pension determined under paragraph (3), is increased for each year before the firefighter’s last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the date that paragraph (1) first applied to the member, to which the Pensions (Increase) Act 1971(2) applied., and

(b)in rule 11(2)(a) (allocation of pension) for “nominated partner” substitute “cohabiting partner”.

(5) In Part 4 (survivors’ pensions)—

(a)in the heading to Chapter 1 and the headings to rules 1 and 5, for “nominated partners” in each place where it occurs substitute “cohabiting partners”, and

(b)in rule 1 (pensions for surviving spouses, civil partners and nominated partners), in paragraphs (1), (2) and (3) for “nominated partner” in each place where it occurs substitute “cohabiting partner”.

(6) In Part 6 (pension sharing on divorce), rule 2 (commutation of whole of pension credit benefits) for “In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)” substitute “Where the amount of pension payable under this Part does not exceed the trivial commutation limit in paragraph 7 (trivial commutation of lump sum) of schedule 29 of the Finance Act 2004”.

(7) In Part 7 (reservists), in rule 3(3) (awards on death or permanent disablement) for “nominated partner” substitute “cohabiting partner”.

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