{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-14/paragraph-5",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-14/paragraph-5.json",
  "legislation": "ssi/2007/199",
  "legislation_title": "The Firefighters' Pension Scheme (Scotland) Order 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007",
  "path": "schedule/1/part/14/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force",
  "text": "(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 comes into force.\n(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–\n(a) the retained or volunteer firefighter had become a member of this Scheme–\n(i) where that firefighter was employed by an authority immediately before 6th April 2006, on that date; or\n(ii) in any other case, on the date on which that firefighter took up employment with the authority;\n(b) the retained or volunteer firefighter had not made a contributions election; and\n(c) the retained or volunteer firefighter’s qualifying service and that firefighter’s pensionable service began on whichever is the later of–\n(i) the date on which that firefighter took up employment; and\n(ii) 6th April 2006,\nand ended on the date of that firefighter’s death.\n(3) Where–\n(a) in anticipation of the coming into force of this Scheme, the retained or volunteer firefighter nominated a nominated partner; and\n(b) the nomination was received and accepted by the authority before that firefighter died,\nthat 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.\n(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.\n(5) The authority shall notify the personal representatives of the amount deducted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.S.I. 2007/ ."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ssi/2012/107",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/234",
      "affecting_title": "The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/65",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/333",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment (No. 2) Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2015/141",
      "affecting_title": "The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2025/406",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2025"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2023/1267",
      "affecting_title": "The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2023/1267",
      "affecting_title": "The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/199/schedule/1/part/14/paragraph/5",
    "retrieved_at": "2026-11-06T03:33:39.505945+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."
}