The Firefighters’ Pension Schemes (Scotland) Amendment Order 2024

Amendment of Part 5

4.—(1) In Part 5 (awards on death), after rule 1A (death grant for limited period), insert—

“Death grant for extended limited period

1B.— (1) This rule applies where a person—

(a) was employed as a retained firefighter on or after 7 April 2000, and

(b) continued in such employment until the person died before 6 April 2006.

(2) Where the deceased was married, or a member of a civil partnership, at the time of death, their spouse or civil partner may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.

(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of death or where their spouse or civil partner has died since the deceased’s death, a child of the deceased may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.

(4) A person will not be eligible for a child’s death grant under this rule if the person would not have been eligible for a child’s pension by virtue of anything in rule 7 of Part 4 at the time of the death of the deceased.

(5) The authority may determine the amount of the deceased’s pensionable pay based on—

(a) information provided by the person making the application in response to a request by the authority, or

(b) if no information is provided, the authority’s records.

(6) Subject to paragraph (15), a death grant under this rule consists of—

(a) the basic death grant, calculated in accordance with paragraph (7), and

(b) the additional death grant, calculated in accordance with paragraph (8), if the additional death grant is payable under paragraph (9).

(7) The amount of the basic death grant is a sum equal to the product of 2.5 and the amount of pensionable pay which the authority determine the deceased received in the deceased’s last year of service.

(8) The amount of the additional death grant must be calculated in accordance with the formula—

where—

• A is the amount of pensionable pay which the authority determine the deceased received in their last year of service, and

• B is the number of completed years (which has the meaning in rule 6(2) of Part 10) during which the deceased was employed as a retained firefighter in the period before 7 April 2000), as determined by the authority.

(9) The additional death grant will only be payable where the deceased first took up employment as a retained firefighter before 7 April 2000.

(10) Where the authority determines that a death grant is payable under this rule, the authority must pay the death grant during the period of three months beginning with the date on which the application for a death grant was received.

(11) Subject to paragraph (12) the authority may pay the death grant, in whole or in part, to such person, or persons as the authority think fit.

(12) The authority must not pay any part of the death grant to a person who is convicted of the murder or culpable homicide of the deceased, but this is subject to paragraph (13).

(13) Where a conviction of the description mentioned in paragraph (12) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay all or part of it to the person whose conviction is quashed.

(14) Where this rule applies, there is no entitlement to a death grant under rule 1 (death grant) or a post-retirement death grant under rule 2 of this Part or to a survivor’s pension or a bereavement pension or a child’s pension under Part 4 (survivors’ pensions).

(15) No basic death grant is payable under this section if a death grant has been paid under rule 1A (death grant for limited period) of this Part in relation to the deceased.

Additional death grant

1C.— (1) This rule applies where a person—

(a) first took up employment as a retained firefighter before 1 July 2000,

(b) elected to join this Scheme under rule 6A of Part 11 in respect of the person’s service during the limited period following an application under rule 5A of Part 11 (purchase of service during the limited period), and

(c) dies before 31 March 2025 and without making an election under rule 6A of Part 11 in respect of their service during the extended limited period following an application under rule 5B of Part 11 (purchase of service during the extended limited period).

(2) Where the deceased was married, or a member of a civil partnership, at the time of death, their spouse or civil partner may apply in writing to the authority for a death grant and any such application must be made on or before 31 March 2025.

(3) Subject to paragraph (4), where the deceased was not married, or a member of a civil partnership, at the time of the deceased’s death or where their spouse or civil partner has died since the deceased’s death, a child of the deceased may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.

(4) A person is not eligible for a child’s death grant under this rule if the person would not have been eligible for a child’s pension by virtue of anything in rule 7 of Part 4 at the time of the death of the deceased.

(5) The authority may request from the person making the application under paragraph (2) or (3) such information required to enable the authority to determine the deceased’s pensionable pay, or, where no information is provided, the authority may determine the amount of pensionable pay from their records.

(6) The amount of the death grant payable under this rule must be calculated in accordance with the formula—

where—

• A is the amount of pensionable pay which the authority determine the deceased received in their last year of service, and

• B is the number of completed years (which has the meaning in rule 6(2) of Part 10) during which the deceased was employed as a retained firefighter in the period before 1 July 2000), as determined by the authority.

(7) Where the authority determine that a death grant is payable under this rule, the authority must pay the death grant during the period of three months beginning with the date on which the application for a death grant was received.

(8) Subject to paragraph (9) the authority may pay the death grant, in whole or in part, to such person, or persons as the authority think fit.

(9) The authority must not pay any part of the death grant to a person who is convicted of the murder or culpable homicide of the deceased, but this is subject to paragraph (10).

(10) Where a conviction of the description mentioned in paragraph (9) is quashed on appeal, the authority may, if they have not then paid the death grant in full, pay all or part of it to the person whose conviction is quashed.

(11) Where this rule applies, there is no entitlement to a death grant under rule 1 (death grant) or a post-retirement death grant under rule 2 of this Part or to a survivor’s pension or a bereavement pension or a child’s pension under Part 4 (survivors’ pensions).”.