The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023

M’s entitlement to ill-health benefits to be treated as equivalent in M’s alternative scheme

This adran has no associated Nodiadau Polisi

50.—(1) This regulation applies in relation to an immediate choice member (“M”) who, during the period beginning on 1 April 2015 and ending on 31 March 2022 was—

(a)A 2007 IHR member;

(b)A 2015 IHR member.

(2) For the purposes of PSPJOA 2022 and these Regulations, M is to be treated as meeting the requirements for an equivalent ill-health award in M’s alternative scheme.

(3) In paragraph (2), “equivalent ill-health award in M’s alternative scheme” means, where M is entitled to—

(a)a lower tier award under the 2007 scheme, a lower tier award under the reformed scheme;

(b)a higher tier award under the 2007 scheme, a higher tier award under the reformed scheme;

(c)a lower tier award under the reformed scheme, and—

(i)M’s legacy scheme is the 1992 scheme, a lower tier award under that scheme;

(ii)M’s legacy scheme is the 2007 scheme, a lower tier award under that scheme;

(d)a higher tier award under the reformed scheme, and—

(i)M’s legacy scheme is the 1992 scheme, a higher tier award under that scheme;

(ii)M’s legacy scheme is the 2007 scheme, a higher tier award under that scheme;

(4) No question relating to M’s entitlement to ill-health benefits that has been decided following referral to an IQMP is to be re-opened by virtue of any provision of PSPJOA 2022 or of these Regulations.