# The Firefighters’ Pension and Compensation Schemes (Amendment) (Scotland) Order 2019, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Firemen’s Pension Scheme Order 1992 (“the 1992 Order”) and the Firefighters’ Compensation Scheme (Scotland) Order 2006 (“the Compensation Order”).
The effect of the amendments, apart from those made by articles 3 and 4, is to bring the benefits payable to survivors of civil partnerships and same-sex marriages into line with the benefits payable to survivors of opposite-sex marriages.
The amendments made by article 3 ensure that a firefighter is not disadvantaged by the provision which allows for two pensions to be awarded, calculated separately, after a significant reduction in pay.
The amendments made by article 4 allow a fire and rescue authority to permit the commutation of a pension for a lump sum in excess of two and a quarter times the full amount of the pension.
The amendments, apart from those made by article 3 and 4, have effect from the dates from which civil partnerships or same-sex marriages were introduced. The amendments made by regulation 3 have effect from the date rule B5A was inserted into the 1992 Order. Section 12(1) of the Superannuation Act 1972, as applied by section 16(3) of that Act in relation to orders made under section 26 of the Fire Services Act 1947 (as saved by S.I. 2004/2306), accordingly permits such retrospective provision in relation to the 1992 Order. Section 34(3) of the Fire and Rescue Services Act 2004 permits retrospective provision in relation to the Compensation Order.
No business and regulatory impact assessment has been produced for this instrument as no impact on business, charities or voluntary bodies is foreseen.

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Source: https://www.legislation.gov.uk/ssi/2019/382/note (the official version)
Page: https://openlegislation.uk/firefighters-pension-and-compensation-schemes-amendment-scotland-order-2019/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.