# The Firefighters' Compensation Scheme (Scotland) Amendment Order 2007, Paragraph 9


In Part 8 (special cases)–
(a) in rule 1 (award for or in relation to employee who is not a regular or retained firefighter)–
(i) in paragraph (1), omit “regular or retained”;
(ii) in paragraph (4)(a), for “paragraph” substitute “rule”;
(iii) in paragraph (6), for “The”, substitute “Subject to paragraph (6A), the”; and
(iv) after paragraph (6) insert–
“(6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula–
(A×(B+C))÷D where–
A is the amount that would have been calculated as mentioned in sub paragraph (a), (b) or (c) of paragraph (6) (as the case may be) if the person had been a whole-time employee of a fire and rescue authority;
B is the period in years of the person’s pensionable service as a whole-time employee of a fire and rescue authority;
C is the period in years of the person’s pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time employment and the denominator is the number of contractual hours for one year of whole-time employment; and
D is the period in years of the person’s pensionable service.”; and
(b) in rule 2 (award for or in relation to a retained or volunteer firefighter)–
(i) in paragraph (1)(a), after “authority”, insert “immediately before 6th April 2006”;
(ii) in paragraph (2), at the end insert “; but an award under rule 1 or 3 shall be reduced by 75 per cent of any other pension under the 1992 Scheme or the 2006 Scheme that is then in payment”;
(iii) in paragraph (3), for “the Pension Scheme” substitute “the 1992 Scheme or rule 9 of Part 3 of the 2006 Scheme (commutation: general) or rule 11 of that Part (allocation of pension)”;
(iv) in paragraph (4)–
(aa) for “A”, substitute “Subject to paragraph (4A), a”;
(bb) for “the Pension Scheme”, substitute “the 1992 Scheme”; and
(cc) after “case of default)”, insert “of the 1992 Scheme or, if the person has become a member of the 2006 Scheme, rule 9 (commutation: general) or 11 (allocation of pension) of Part 3 of the 2006 Scheme, rule 1 of Part 9 of that Scheme (review of ill health pension) or rule 2 of that Part (consequences of review)”;
(v) after paragraph (4), insert–
“(4A) In the case of a person who has become a member of the 2006 Scheme, the award under rule B3 (ill health awards) of the 1992 Scheme shall be reduced by the amount of any award to which the person is entitled under rule 2 of Part 3 of the 2006 Scheme (award on ill health retirement).”; and
(vi) for paragraph (5) substitute–
“(5) This paragraph applies where–
(a) a person dies from the effects of a qualifying injury or infirmity of mind or body occasioned by a qualifying injury; and
(b) the person has at any time before 6th April 2006 been employed by a fire and rescue authority as a retained or volunteer firefighter.”.

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Source: https://www.legislation.gov.uk/ssi/2007/198/schedule/paragraph/9 (the official version)
Page: https://openlegislation.uk/firefighters-compensation-scheme-scotland-amendment-order-2007/schedule/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.