The Firemen’s Pension Scheme (Amendment) (Scotland) Order 2018

7.  In part G (pensionable pay and contributions)—

(a) in rule G2A (optional pension contributions during maternity and adoption leave), after paragraph (2) insert—

“(2A) But in calculating the pay on which the contributions are made, any amount the firefighter receives on account of a day’s work carried out under regulation 12A of the Maternity and Parental Leave etc. Regulations 1999(1) or regulation 21A of the Paternity and Adoption Leave Regulations 2002(2) that exceeds any maternity, paternity or parental leave pay due for that day, shall be disregarded.”;

(b) after rule G2A, insert—

“Aggregate pension contributions for the purposes of awards

G2B.— (1) A regular firefighter’s aggregate pension contributions comprise—

(a) all payments made by him to a fire and rescue authority that fall within paragraph (2);

(b) all payments made by him in accordance with a notice under rule F2 (current service);

(c) all payments made by him in accordance with an election under rule G2A;

(d) all payments made by him in accordance with an election under rule G6; and

(e) if paragraph (3) applies, the amount of the notional award described in paragraph (4).

(2) The payments that fall within this paragraph are payments under this Scheme or a previous Scheme that relate to a period of service which the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon as pensionable service and have not been refunded to him, including payments made—

(a) by way of rateable deductions from pay;

(b) by way of such additional and further payments as were mentioned in articles 57 to 59 of the 1973 Scheme; or

(c) in accordance with such an undertaking as is mentioned in Part 1 of Schedule 6.

(3) This paragraph applies where the regular firefighter is, or was immediately before electing under rule G3 not to pay pension contributions, entitled to reckon pensionable service by reason of a period of service or employment otherwise than as a regular firefighter (“the previous employment period”).

(4) The notional award mentioned in paragraph (1)(e) is the award by way of return of contributions or analogous payment that would have been paid to him if, at the end of the previous employment period, he had voluntarily retired in circumstances entitling him to such an award under the applicable superannuation arrangements.”;

(c) in rule G3 (election not to pay pension contributions)—

(i) in paragraph (1), for “Subject to paragraphs (1A) and (8)” substitute “Subject to paragraph (1A)”;

(ii) in paragraph (1A), omit “: continual professional development”;

(iii) in paragraph (2), for “Subject to paragraphs (3) and (3A), an election” substitute “An election”; and

(iv) omit paragraphs (3) to (8);

(d) omit rule G4 (continued payment of additional and further contributions); and

(e) in rule G6 (election to purchase increased benefits), for paragraph (4) substitute—

“(4) An election to pay periodical contributions must be made at least 2 years before the person’s normal pension age, but no such election may be made if the fire and rescue authority so resolve, unless the person has at his own expense undergone a medical examination and satisfied the authority as to his good health.”.

(1)

S.I. 1999/3312; regulation 12A was inserted by S.I. 2006/2014.

(2)

S.I. 2002/2788; regulation 21A was inserted by S.I. 2006/2014.