Paragraph 5 Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 Annex A1 inserted by Firefighters’ Pension Scheme 2012 art. 4
Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
Sch. 1 Pt. 13A inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch.
Sch. 1 Pt. 13B inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch. para. 4
Sch. 1 Pt. 14 rule 4A inserted by Firefighters’ Pension Schemes 2015 reg. 30
Sch. 1 Pt. 13B omitted by Fire Reform (Pensions Amendments) 2013 art. 20
Sch. 1 Pt. 14 rule 7 inserted by Firefighters’ Pension Scheme 2025 Sch. para. 6
sch. 1 Pt. 14 rule 1(8)(a) words substituted by National Security Act 2023 (Consequential Amendments of Subordinate Legislation) 2023 Sch. para. 21(3)
sch. 1 Pt. 14 rule 2(3)(a) words substituted by National Security Act 2023 (Consequential Amendments of Subordinate Legislation) 2023 Sch. para. 21(3)
Sch. 1 Annex 3 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 17
Sch. 1 Annex AB1 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 15
Sch. 1 Annex ZA inserted by Firefighters’ Pension Scheme 2014 Sch. para. 13

(1)

This rule applies where a retained or volunteer firefighter dies on or after 6th April 2006 and before the Firefighters' Pension Scheme Amendment (Scotland) Order 2007^f1 comes into force.

(2)

Chapters 1 and 2 of Part 4 of this Scheme (survivors' pensions), rule 1 of Part 5 of this Scheme (death grant) and rule 3 of Part 11 (pension contributions) shall have effect in respect of the retained or volunteer firefighter as if–

(a)

the retained or volunteer firefighter had become a member of this Scheme–

(i)

where that firefighter was employed by an authority immediately before 6th April 2006, on that date; or

(ii)

in any other case, on the date on which that firefighter took up employment with the authority;

(b)

the retained or volunteer firefighter had not made a contributions election; and

(c)

the retained or volunteer firefighter’s qualifying service and that firefighter’s pensionable service began on whichever is the later of–

(i)

the date on which that firefighter took up employment; and

(ii)

6th April 2006,

and ended on the date of that firefighter’s death.

(3)

Where–

(a)

in anticipation of the coming into force of this Scheme, the retained or volunteer firefighter nominated a nominated partner; and

(b)

the nomination was received and accepted by the authority before that firefighter died,

that firefighter’s nominated partner shall be entitled to the same benefits under this Scheme as if the nomination had effect for the purposes of this Scheme.

(4)

The authority shall deduct from the death grant payable by virtue of paragraph (2) the amount of the pension contributions that would have been payable under rule 3 of Part 11; and rule 1 of that Part shall have effect for determining that firefighter’s pensionable pay for that purpose.

(5)

The authority shall notify the personal representatives of the amount deducted.

Annotations

Footnotes

f1: S.S.I. 2007/ .