# The Firefighters' Pension Scheme Amendment (Scotland) Order 2006, Article 3: Transitional provision


(1) The amendments made by paragraph 6 (ill-health awards), 46 (review of ill health and certain deferred pensions) and 55 (calculation of an ill-health award) of Schedule 1 to this Order shall not have effect in relation to a person in respect of whom a determination or decision relevant to the termination of his or her employment on grounds of ill-health (whether under Part H or Part K of the Pension Scheme) has been made before 1st July 2006.
(2) In a case to which paragraph (1) applies, rules B3 and K1 of the Pension Scheme shall continue to have effect in relation to such a person in the form in which they exist immediately before that date.
(3) Where–
(a) a provision of this Order applies to a person to whom a protected benefit was being paid or might become payable; and
(b) by virtue of this Order that person is placed in a worse position than he or she would have been if this Order had not applied to him or her;
he or she may, by giving written notice to the fire and rescue authority liable or prospectively liable for the payment of the benefit, elect that this Order or a provision of this Order shall not apply to him or her.
(4) Notice under paragraph (3) must be given not later than the date 3 months after the coming into force of a scheme, other than the Compensation Scheme, under section 34 of the Fire and Rescue Services Act 2004.
(5) For the purposes of paragraph (3) a protected benefit is one paid or capable of becoming payable to or in respect of a person who, before 1st July 2006, ceased to be a member of the fire and rescue service or died.

---
Source: https://www.legislation.gov.uk/ssi/2006/342/article/3 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-amendment-scotland-order-2006/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.