{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-order-2025/schedule/paragraph-3",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-order-2025/schedule/paragraph-3.json",
  "legislation": "ssi/2025/406",
  "legislation_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2025",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-order-2025",
  "path": "schedule/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "In Part 5 (awards on death)—\n(a) in rule 1B (death grant for extended limited period)—\n(i) in paragraphs (2) and (3), for “2025” substitute “2026”, and\n(ii) in paragraphs (6)(b), (8) and (9), for “additional”, in each place it occurs, substitute “extended”,\n(b) in rule 1C (additional death grant)—\n(i) in paragraph (1)(b), after “this Scheme” insert “or was eligible to make an election”, and\n(ii) in paragraphs (1)(c), (2) and (3), for “2025” substitute “2026”,\n(c) after rule 2 (post-retirement death grant) insert—\n“Missed pension lump sum grant\n3. (1) This rule applies where a person—\n(a) would have been a special firefighter member if, within the period required by rule 6B(1) or (12) of Part 11, they had elected to pay the mandatory special period pension contribution,\n(b) would have been eligible to receive special pension payments or additional special pension payments, as applicable, under rule 1A of Part 3, and\n(c) died during the period referred to in paragraph (2).\n(2) For the purposes of paragraph (1)(c) the period is—\n(a) if the person was not employed as a retained firefighter at the time of their death, between 7 April 2000 and 5 April 2006, or\n(b) otherwise, between 6 April 2006 and 17 September 2026.\n(3) An application for a missed pension lump sum grant may be made by—\n(a) the spouse or civil partner of the deceased, or\n(b) if the deceased was not married or in a civil partnership at the time of their death, or where their spouse or civil partner has died since the deceased’s death—\n(i) a child of the deceased, or\n(ii) if the deceased did not have children at the time of their death, or where their children have died since the deceased’s death, the persons who are beneficially entitled to the personal estate of the deceased.\n(4) Subject to paragraph (6), the missed pension lump sum grant is a lump sum equal to the value, together with interest, of the pension payments the deceased would have received up to the date of their death if, at the date of their death, they had been a member of this Scheme who had made contributions equivalent to their contributions under rules 6A (Election to purchase service during the limited period or the extended limited period) and 6B (Election to purchase service during the limited period or the extended limited period: supplemental provision) of Part 11.\n(5) The interest payable in accordance with paragraph (4) must be calculated in accordance with rule 1A(9) of Part 3 as if references in that rule to paragraph (8) were references to paragraph (4) of this rule.\n(6) The amount of the missed pension lump sum grant must be reduced by the value of the deceased’s contributions under rules 6A and 6B of Part 11.\n(7) Any application for a grant under this rule must—\n(a) be made in writing to the authority who most recently employed the deceased as a firefighter,\n(b) be made by the spouse, civil partner, child or personal representative of the deceased, as applicable,\n(c) confirm the date on which the deceased took up employment as a retained firefighter,\n(d) where the deceased left that employment, confirm the date on which they left,\n(e) where the deceased took up employment as a regular firefighter, confirm the date on which they took up that employment,\n(f) if the deceased joined this Scheme as a standard member or joined the 1992 Scheme, confirm the date on which they joined the Scheme and, if it was the case, the date on which they made an election not to pay pension contributions under rule 5 of Part 2 of this Scheme or under G3 of the 1992 Scheme (as applicable), and\n(g) provide a copy of the deceased’s death certificate.\n(8) Within two months of 21 February 2026, the authority must use reasonable endeavours to notify all persons who may be entitled to a missed pension lump sum grant that they may be so entitled.\n(9) Subject to paragraph (10), an application under paragraph (7) must be made to the authority by 17 September 2026.\n(10) Where a person did not receive a notification from the authority under paragraph (8), an application under paragraph (7) may be made after 17 September 2026.\n(11) Where the authority decides that a missed pension lump sum grant is payable, the authority must pay the missed pension lump sum grant during the period of three months beginning with the date on which the application for the payment was received.\nSurvivor’s missed pension lump sum grant\n4. (1) This rule applies where a person—\n(a) is eligible to apply for a missed pension lump sum grant under rule 3,\n(b) has made an application under rule 3(7), and\n(c) is not eligible to apply for an additional death grant under rule 1C.\n(2) The person may apply for a survivor’s missed pension lump sum grant.\n(3) An application for a grant under this rule must—\n(a) be made in writing to the authority who most recently employed the deceased as a firefighter,\n(b) be made by the spouse, civil partner, child or personal representative of the deceased, as applicable, and\n(c) confirm that the applicant is not eligible to apply for an additional death grant under rule 1C.\n(4) The amount of the payment under this rule must be calculated in accordance with the formula—\n0.1×A×B where—\nA is the amount of pensionable pay the authority determines that the deceased received in their last year of service, and\nB is the number of years (which has the meaning in rule 6(2) of Part 10) from 1 July 2000 to the end date of the deceased’s extended limited period (the “relevant period”).\n(5) The authority must determine the period of the deceased’s service during the relevant period from its records.\n(6) Where the authority is not able to determine the period of the deceased’s service during the relevant period from its records, the applicant may provide the authority with documents to assist it to determine the deceased’s period of service during the relevant period and the authority must determine the period of the deceased’s service from those documents.\n(7) Where the authority is not able to determine the period of the deceased’s service during the relevant period and the authority does not hold records of the deceased’s pay for that period, and the applicant cannot provide the authority with the necessary documents, the authority may estimate the deceased’s pensionable pay for that period from the records which it holds and may, in particular, estimate this on the basis of the average of recent pay data for retained firefighters at the same station or stations as that at which the deceased was based for the relevant period.\n(8) Where the authority has estimated the pay of the deceased in accordance with paragraph (7), the authority must determine the deceased’s period of pensionable service during the relevant period.\n(9) Where the deceased’s service was as a retained firefighter, the authority must determine the deceased’s retained pensionable service during the relevant period by calculating the same proportion of whole-time service as that which their actual pensionable pay or, as the case may be, their pensionable pay as estimated by the authority under paragraph (7), bears to their reference pay for each year of service during that period.\n(10) Within two months of 21 February 2026, the relevant authority must use reasonable endeavours to notify all persons who may be entitled to a survivor’s missed pension lump sum payment that they may be so entitled.\n(11) Subject to paragraph (12), an application under paragraph (3) must be made to the relevant authority by 17 September 2026.\n(12) Where a person did not receive a notification from the authority under paragraph (10), an application under paragraph (3) may be made after 17 September 2026.\n(13) Where the authority decides that a survivor’s missed pension lump sum payment is payable, the authority must pay the survivor’s missed pension lump sum grant during the period of three months beginning with the date on which the application for the payment was received.\nMissed pension lump sum grant and survivor’s missed pension lump sum grant: restrictions\n5. (1) Subject to paragraph (3), a missed pension lump sum grant or a survivor’s missed pension lump sum grant is not payable to a person who is convicted of the murder of the deceased.\n(2) Subject to paragraph (4), where a person is convicted of the culpable homicide or manslaughter of the deceased, the authority may, as it thinks fit, withhold the missed pension lump sum grant or the survivor’s missed pension lump sum grant—\n(a) in whole or in part, and\n(b) permanently or temporarily.\n(3) Where a conviction of the description mentioned in paragraph (1) is quashed on appeal, the missed pension lump sum grant or the survivor’s missed pension lump sum grant is payable.\n(4) Where a conviction of the description mentioned in paragraph (2) is quashed on appeal, the missed pension lump sum grant or the survivor’s missed pension lump sum grant is payable in full, less any partial payment that has already been made.\n(5) Nothing in paragraphs (3) or (4) affects the application of paragraphs (1) or (2) if the person whose conviction is quashed is subsequently convicted of the murder, culpable homicide or manslaughter of the deceased.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rule 1B was inserted by paragraph 4(1) of the schedule of S.S.I. 2024/26."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph (2) of rule 1B was amended by paragraph 2(a)(i) of the schedule of S.S.I. 2024/295."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph (3) of rule 1B was amended by paragraph 2(a)(ii) of the schedule of S.S.I. 2024/295."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Rule 1C was inserted by paragraph 4(1) of the schedule of S.S.I. 2024/26."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Paragraph (1)(c) of rule 1C was amended by paragraph 2(b)(i) of the schedule of S.S.I. 2024/295."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Paragraph (2) of rule 1C was amended by paragraph 2(b)(ii) of the schedule of S.S.I. 2024/295."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Paragraph (3) of rule 1C was amended by paragraph 2(b)(iii) of the schedule of S.S.I. 2024/295."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Paragraph (2) of rule 2 was amended by paragraph 5(c) of the schedule of S.S.I. 2014/110."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Paragraph (1) of rule 6B was substituted by paragraph 6(7)(a) of the schedule of S.S.I. 2024/26."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Paragraph (12) of rule 6B was amended by paragraph 6(7)(f) of the schedule of S.S.I. 2024/26."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "S.I. 1992/129, to which there are amendments not relevant to this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2025/406/schedule/paragraph/3",
    "retrieved_at": "2026-10-28T20:32:27.678852+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}