# The Firefighters’ Pension Scheme (Scotland) Amendment Regulations 2016

S.S.I. 2016/78 · made 2 February 2016

These Regulations amend the Firefighters’ Pension Scheme (Scotland) Regulations 2015 (“the 2015 Regulations”). Regulations 3, 4 and 7 make provision in connection with the introduction of entitlements to shared parental leave and statutory shared parental pay (in place of additional paternity leave and additional statutory paternity pay). Other changes made by these Regulations involve minor corrections to the 2015 Regulations.

Made under: Public Service Pensions Act 2013 (Section 1, Schedule 2 paragraph 6)

PDFs: Printed copy https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-regulations-2016/pdf/ssi_20160078_en.pdf; Policy Note https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-regulations-2016/pdf/ssipn_20160078_en.pdf

## Introductory text

Public Service Pensions
Made 2nd February 2016
Laid before the Scottish Parliament 4th February 2016
Coming into force 1st April 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) and (2)(f) of, and paragraph 6(c) of Schedule 2 to, the Public Service Pensions Act 2013 and all other powers enabling them to do so.
In accordance with section 21 of that Act, the Scottish Ministers consulted the representatives of such persons as appeared to the Scottish Ministers likely to be affected by these Regulations.

## 1 Citation, commencement and effect

(1) These Regulations may be cited as the Firefighters’ Pension Scheme (Scotland) Amendment Regulations 2016.
(2) These Regulations come into force on 1st April 2016 and have effect from 1st April 2015.

## 2 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

The Firefighters’ Pension Scheme (Scotland) Regulations 2015 are amended as follows.

## 3 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In regulation 3 (interpretation)—
(a) omit the definition of “additional paternity leave”;
(b) in the definition of “child-related leave”—
(i) omit paragraph (e) and the word “or” immediately after it;
(ii) after paragraph (f), insert “or”; and
(iii) at the end, insert—
“(g) shared parental leave;”;
(c) after the definition of “sending scheme”, insert—
““shared parental leave” means leave under the Shared Parental Leave Regulations 2014;”; and
(d) in the definition of “statutory pay”—
(i) in paragraph (c), omit “ordinary”;
(ii) omit paragraph (d); and
(iii) at the end, insert—
“(e) statutory shared parental pay within the meaning of section 171ZU (entitlement: birth) and section 171ZV (entitlement: adoption) of the Social Security Contributions and Benefits Act 1992;”.

## 4 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In paragraph (2) of regulation 18 (meaning of “assumed pensionable pay”)—
(a) in sub-paragraph (c), for “parental leave or additional paternity leave” substitute “shared parental leave or parental leave”; and
(b) in sub-paragraph (e), for “additional paternity leave” substitute “shared parental leave”.

## 5 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In paragraph (2) of regulation 59 (annual rate of retirement pension (active members)), for “paragraphs (a), (b) and (c)” substitute “paragraphs (a), (b), (ba) and (c)”.

## 6 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In paragraph (3)(a) of regulation 65 (entitlement to lower tier ill-health pension and higher tier ill-health pension), after “rule 2(2)” insert “of Part 3”.

## 7 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In paragraph (3) of regulation 113 (contributions during child-related leave), for “additional paternity leave, additional adoption leave” substitute “additional adoption leave, shared parental leave”.

## 8 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In Part 3B of Schedule 2 (transitional provisions)—
(a) omit sub-paragraph (3) of paragraph 26;
(b) in paragraph 28(2), omit “and a bereavement pension is not payable under rule E8A”; and
(c) in paragraph 29(3), for ““regulation 96” in sub-paragraph (2) is to be read as “regulation 97”” substitute ““regulation 96(2)” in sub-paragraph (2) is to be read as “regulation 97(3)””.

## 9 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In Part 3C of Schedule 2, in paragraph 38(2)(b), for the words from “28 days” to “H2(4)” substitute “14 days from the date on which the member received the documents which the authority is required to supply under rule H2(1)”.

## 10 Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015

In Part 3D of Schedule 2, in paragraph 44(2), for “of person” substitute “of a person”.

## Signature

JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
2nd February 2016

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Firefighters’ Pension Scheme (Scotland) Regulations 2015 (“the 2015 Regulations”). Regulations 3, 4 and 7 make provision in connection with the introduction of entitlements to shared parental leave and statutory shared parental pay (in place of additional paternity leave and additional statutory paternity pay). Other changes made by these Regulations involve minor corrections to the 2015 Regulations.

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Source: https://www.legislation.gov.uk/ssi/2016/78 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-scotland-amendment-regulations-2016
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

