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

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

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.”.