The Firefighters’ Pension Scheme (Scotland) Amendment Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Firefighters’ Pension Scheme (Scotland) Regulations 2015 (“the 2015 Regulations”), which established the Firefighters’ Pension Scheme (Scotland) 2015 (“the 2015 Scheme”), in consequence of provision made by the Public Service Pensions and Judicial Offices Act 2022 (c. 7). The amendments ensure that existing pension schemes established by the Firemen’s Pension Scheme Order 1992 (“the 1992 Scheme”) and the Firefighters’ Pension Scheme (Scotland) Order 2007 (“NFPS”) will, except for limited purposes, be closed to the accrual of pension benefits on and after 1 April 2022 and that any members treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the scheme established by the 2015 Regulations.

Regulation 2 amends regulation 65 of the 2015 Regulations so that, where members of the 1992 Scheme are awaiting a decision on whether they are entitled to an ill-health award when they join the 2015 Scheme on 1 April 2022, the criteria used to determine entitlement to such an award reflect the criteria in the 1992 Scheme (where normal pension age is 55, not 60 as under the 2015 Scheme).

Regulation 3 amends schedule 2 of the 2015 Regulations as follows—

• the definitions of “closing date” and “transition date” in paragraph 1 are amended to insert dates in respect of those terms that apply to full protection members so that provisions which refer to those terms operate as intended in respect of such members;

• paragraph 3(3) is amended so that a scheme manager may only set a tapered protection closing date under that paragraph if such date is before 1 April 2022;

• paragraph 9(2) is amended so that protection ceases for a full protection member on the earlier of the day on which they leave pensionable service under the existing scheme, or 31 March 2022;

• paragraph 31(2) is amended so that no new elections to purchase additional service under the NFPS may be made after 31 March 2022;

• paragraphs 37 and 38 are omitted so that members who are awaiting a decision on whether they are entitled to an ill-health award under an existing scheme on 1 April 2022 transition to the 2015 Scheme on that date.