2019 No. 382
The Firefighters’ Pension and Compensation Schemes (Amendment) (Scotland) Order 2019
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 26(1) to (5) of the Fire Services Act 19471, sections 12 and 16 of the Superannuation Act 19722, sections 34(1) to (5) and (8) and 60(2) of the Fire and Rescue Services Act 20043 and all other powers enabling them to do so.
In accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Scottish Ministers consulted such persons as they considered appropriate.
PART 1Introductory
Citation, commencement, effect and extent1
1
This Order may be cited as the Firefighters’ Pension and Compensation Schemes (Amendment) (Scotland) Order 2019.
2
This Order comes into force on 21 December 2019 but the provisions mentioned in paragraph (3) have effect as provided in that paragraph.
3
The provisions in—
a
article 3 has effect from 1 April 2007,
b
articles 2 (insofar as necessary to give effect to articles 5, 6 and 8), 5, 6, and 8 to 12 have effect from 5 December 2005,
c
article 7 has effect from 16 December 2014.
4
This Order extends to Scotland.
PART 2
CHAPTER 1Firemen’s Pension Scheme Order 1992
Amendments to the Firemen’s Pension Scheme Order 19922
Schedule 2 of the Firemen’s Pension Scheme Order 19924 in which the Firefighters’ Pension Scheme is set out is amended in accordance with articles 3 to 8.
Amendments to Part B (personal awards)
3
In rule B5A (entitlement to two pensions)5—
a
in paragraph (2), for “exceeds” substitute “is lower than”,
b
in paragraph (6), after “B1,” insert “B1A,”, and
c
in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”.
4
In rule B7 (commutation – general provision)6, after paragraph (5A), insert—
5B
Notwithstanding paragraph (4) a fire and rescue authority may, having regard to—
a
the economical, effective and efficient management of their functions, and
b
the costs likely to be incurred in the particular case,
pay a lump sum in excess of two and a quarter times the full amount of the pension.
Amendments to Part C (awards on death – spouses)5
1
In rule C1 (spouse’s ordinary pension)7—
a
in paragraph (2), after “spouse” insert “or surviving civil partner”, and
b
omit paragraph (2A).
2
In rule C4 (spouse’s accrued pension) in paragraph (3)—
a
in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and
b
omit sub-paragraph (b) and the “and” immediately preceding it.
3
In rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)—
a
in paragraph (2), after “spouse” insert “or surviving civil partner”, and
b
omit paragraph (3).
4
In rule C6 (spouse’s requisite benefit and temporary pension)8, in paragraph (4)—
a
in sub-paragraph (a) omit “in the case of a surviving spouse,”, and
b
omit sub-paragraph (b) and the “and” immediately preceding it.
5
In rule C8 (limitation where spouses living apart)9 in paragraph (2)—
a
in sub-paragraph (a), omit “in the case of a surviving spouse,” and,
b
omit sub-paragraph (b) and the “and” immediately preceding it.
Amendments to Part J (special cases)6
In rule J1 (guaranteed minimum pensions)10—
a
for paragraph (2)(b) substitute—
b
in the case of a person who dies at any time and leaves a surviving spouse or civil partner, that person is entitled to a pension at a weekly rate equal to half the deceased person’s guaranteed minimum, and
b
in paragraph (2), omit sub-paragraph (d) and the “and” immediately preceding it, and
c
in paragraph (4), for “, (c) or (d)” substitute “or (c)”.
Amendments to Appendix 1 to the scheme7
Omit paragraphs 1 and 2 of Part III (provision relating to same sex couples) of Appendix 111.
Amendments to Appendix 3 to the scheme8
In Appendix 3 (awards on death – spouses)—
a
in Part III (spouse’s accrued pension)—
i
in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”, and
ii
in paragraph 3(1), after “spouse” insert “or surviving civil partner”, and
b
in Part IV (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1) and 2(1)12, after “surviving spouse” insert “or surviving civil partner”.
CHAPTER 2Firefighters’ Compensation Scheme (Scotland) Order 2006
Amendments to the Firefighters’ Compensation Scheme (Scotland) Order 20069
Part 3 (awards on death: spouses and civil partners) of schedule 1 of the Firefighters’ Compensation Scheme (Scotland) Order 200613 (in which the firefighters’ compensation scheme 2006 is set out) is amended in accordance with paragraphs 10 to 12.
Amendments to rule 110
In rule 1 (special award for spouse or civil partner), in paragraph (3)—
a
in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and
b
omit sub-paragraph (b).
Amendments to rule 311
In rule 3 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)—
a
in paragraph (2), after “spouse” insert “or surviving civil partner”, and
b
omit paragraph (3).
Amendments to rule 412
In rule 4 (limitation where spouse or civil partner is living apart), in paragraph (2)—
a
in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and
b
omit sub-paragraph (b) and the “and” immediately preceding it.
(This note is not part of the Order)