OpenLegislation

Paragraph 6

Original text. Later amendments are not shown.

After Rule F8 insert—

“Transfer of pension history between Scottish Fire and Rescue Authorities

F8A.
(1)

Subject to paragraph (7), where a firefighter member—

(a)

leaves the employment of a Scottish fire and rescue authority (“the former authority”), and

(b)

without a break of service, takes up employment as a firefighter with another Scottish fire and rescue authority (“the new authority”),

the former authority must, not later than six months after he left their employment, supply the new authority with a certificate showing the pensionable service and qualifying service he was entitled to reckon as at the date on which he left the former authority’s employment (“the material date”).

(2)

At the same time as the former authority supply a certificate under paragraph (1), they must send a copy of it to the person concerned, together with a statement of its effect on completion of the transfer.

(3)

If the person concerned is dissatisfied with the information specified in a certificate under paragraph (1), he may, within three months after being supplied with a copy of it, ask his former authority to determine the accuracy of the information contained in it.

(4)

A person who makes a request under paragraph (3) must send a copy of it to the new authority.

(5)

A request under paragraph (3) must be considered by means of the arrangements for the resolution of disagreements implemented by the authority pursuant to the requirements of sections 50, 50A and 50B of the Pensions Act 1995f1 (resolution of disputes); and the authority must either confirm the certificate or issue a new certificate.

(6)

If the person concerned does not make a request under paragraph (3), the certificate as supplied, and if he does make such a request, the certificate as confirmed, or the new certificate issued (as the case may be), is conclusive as to the pensionable service he was entitled to reckon at the material date.

(7)

If, after the material date but before a certificate has been supplied under paragraph (1), the person concerned—

(a)

claims a pension or lump sum under this Scheme,

(b)

claims a pension or lump sum under the Compensation Scheme, or

(c)

dies,

that paragraph ceases to apply.”.

Annotations

Footnotes

f1

1995 c.26. Sections 50, 50A and 50B were substituted for section 50 by section 273 of the Pensions Act 2004 c.35. The arrangements that apply for the purposes of the Scheme take the form of a disputes resolution procedure. The procedure is set out in Fire Services Circular 2/1997 issued by the Home Office on 4th February 1997.