The Firefighters’ Pension Scheme (Scotland) Regulations 2015
S.S.I. 2015/19 · Made 22 January 2015 · Extends to Scotland
Public Service Pensions
Made 22nd January 2015
Laid before the Scottish Parliament 26th January 2015
Coming into force 1st April 2015
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 2013f1 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.
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Establishment of Firefighters’ Pension Scheme 2015
- 3Interpretation
- Part 2: Governance
- 4Scheme manager
- 5Delegation
- 5AEstablishment of pension board
- 5BMembership of pension board
- 5CEstablishment of scheme advisory board
- 5DMembership of scheme advisory board
- 5EConflict of interest
- Part 3: Scheme membership
- Chapter 1: Eligibility for active membership
- 6Scheme employment
- 7Eligible persons
- 8Service in two or more scheme employments
- Chapter 2: Pensionable service
- 9Application of Chapter
- 10Interpretation of Chapter
- 11Automatic enrolment
- 12Opting into this scheme
- 13Automatic re-enrolment
- 14Opting out of this scheme
- 15Opting out before the end of the first three months
- 16Opting out after the first three months
- Chapter 3: Pensionable pay
- 17Pensionable pay
- 18Meaning of “assumed pensionable pay”
- Chapter 4: Membership
- 19Active membership
- 20Deferred membership
- 21Pension credit member
- Part 4: Pension accounts
- Chapter 1: Preliminary
- 22Description of pension
- Chapter 2: Calculation of accrued pension
- 23Calculation of amount of accrued pension for purpose of deferment or retirement
- Chapter 3: Calculation of adjustments
- 24Calculation of “retirement index adjustment”
- 25Calculation of “retirement PIA index adjustment”
- 26Determination of “the age addition”
- 27Determination of “the assumed age addition”
- Chapter 4: Pension accounts: general
- 28Establishment of pension accounts: general
- 29Closure and adjustment of pension accounts on transfer out or repayment of balance of contributions
- Chapter 5: Active member’s account
- 30Application of Chapter
- 31Establishment of active member’s account
- 32Receipt of a transfer value payment
- 33Receipt of a club transfer value payment
- 34Amount of pension for a scheme year
- 35Opening balance, index adjustment and age addition
- 36Ill-health award ceases to be payable
- 37Closure and re-establishment of active member’s account
- Chapter 6: Added pension account
- 38Establishment of added pension account
- 39Account to specify amount of added pension
- 40Account to specify opening balance and PIA index adjustment
- 41Closure and transfer of added pension account
- 42Ill-health pension ceases to be payable
- Chapter 7: Deferred member’s account
- 43Application of chapter
- 44Establishment of deferred member’s account
- 45Provisional amount of deferred pension
- 46Retirement amount of deferred pension
- 47Adjustment of account after early payment of deferred pension ceases
- 48Account established after ill-health award ceases to be payable
- 49Closure of deferred member’s account after gap in pensionable service not exceeding five years
- Chapter 8: Retirement account
- 50Establishment of retirement account and other adjustments
- 51Account to specify amount of retirement pension (active members)
- Chapter 9: Pension accounts for survivor members
- 52Establishment of survivor member’s account
- 53Amount of pension payable to survivor member
- Chapter 10: Pension accounts for pension credit members
- 54Establishment of pension credit member’s account
- 55Other pension accounts
- Part 5: Retirement benefits
- Chapter 1: Interpretation
- 56Application of Part
- 57Qualifying service
- Chapter 2: Retirement benefits
- 58Entitlement to retirement pension
- 59Annual rate of retirement pension (active members)
- 60Annual rate of retirement pension (deferred members)
- 61Early payment reduction
- 62Employer initiated retirement
- Chapter 3: Partial retirement benefits
- 63Exercise of partial retirement option
- 64Annual rate of retirement pension after exercise of partial retirement option
- Chapter 4: Ill-health benefits
- 65Entitlement to lower tier ill-health pension and higher tier ill-health pension
- 66Annual rate of ill-health awards
- 67Early payment of retirement pension to deferred member
- 68Review of ill-health award or early payment of retirement pension
- 69Consequences of review
- Chapter 5: Payment of retirement benefits
- 70Commencement of pensions
- 71Option to commute part of pension
- 71AOption to commute part of an equivalent amount
- Chapter 6: Allocation of part of pension
- 72Allocation election
- 73Making an allocation election
- 74Effect of allocation
- 75Adjustment of allocated benefit
- Part 6: Death benefits
- Chapter 1: Interpretation
- 76Meaning of “surviving partner”
- 77Meaning of “initial period”
- Chapter 2: Pensions for surviving partners
- 78Surviving partner’s pension payable on death of active member
- 79Surviving partner’s pension payable on death of deferred member
- 80Surviving partner’s pension payable on death of pensioner member
- 81Bereavement pension: surviving partner
- 82Reduction in pensions in cases of wide age disparity
- 83Survivor’s guaranteed minimum pensions
- Chapter 3: Pensions for eligible children
- 84Eligible child’s pension
- 85Meaning of “eligible child”
- 86Eligible child’s pension on death of active member
- 87Eligible child’s pension payable on death of deferred member
- 88Eligible child’s pension payable on death of pensioner member
- 89Specified proportion
- 90Increase in eligible child’s pension where there is no surviving partner
- 91Increase in eligible child’s pension where member was pension debit member
- 92Bereavement pension: eligible child
- Chapter 4: Lump sum death benefits
- 93Meaning of “final pay”
- 94Meaning of “annualised final pay”
- 95Person to whom lump sum death benefit payable
- 96Lump sum payable on death of active member
- 97Lump sum payable on death of pensioner member
- 98Lump sum payable on death in certain cases
- 99Lump sum payable on death of pension credit member
- Chapter 5: Payment of death benefits
- 100Payment of pensions under this Part
- 101Surviving partner’s pensions and eligible child’s pensions: suspension and recovery
- 102Provisional awards of eligible child’s pensions: later adjustments
- 103Adjustment of eligible child’s awards consequent on re-instatement of pension benefits
- 104Adjustment of benefits to comply with FA 2004 where members die over 75
- Part 7: Benefits for pension credit members
- 105Entitlement to pension credit members’ pension
- 106Annual rate of pension credit member’s pension
- 107Reduction in pension debit member’s benefits
- 108Pension credit member’s rights
- 109Commutation of part of pension
- Part 8: Contributions
- Chapter 1: Member contributions
- 110Member contributions
- 111Contributions during absence from work due to illness, injury, trade dispute or authorised absence
- 112Contributions during absence from work on reserve forces service leave
- 113Contributions during child-related leave
- 114Deduction and payment of contributions
- 115Schedule 1 (payments for added pension)
- Chapter 2: Refund of member contributions
- 116Refund of all member contributions and payments for extra pension made by member
- Chapter 3: Employer contributions
- 117Employer contributions
- 118Employer additional contribution: ill-health award
- 119Refund of employer additional contribution for ill health award following review
- 120Employer additional contribution: employer initiated retirement
- Part 9: Transfers
- Chapter 1: Preliminary
- 121Application of Part
- 122Interpretation in relation to Part
- Chapter 2: Transfers out
- 123Transfer payments made to other schemes or pension arrangements
- 124Application for a statement of entitlement
- 125Statement of entitlement
- 126Request for transfer payment to be made
- 127Calculating the amount of a transfer value or club transfer value
- 128Effect of transfers-out
- Chapter 3: Transfers in
- 129Application of Chapter
- 130Interpretation of Chapter
- 131Request for acceptance of a transfer payment
- 132Transfer statement
- 133Amount of transferred pension
- 134Club transfer value statement
- 135Amount of club transfer earned pension
- Chapter 4: Provision of certificates
- 136Requirement for scheme manager to provide a certificate
- 137Request to confirm details on certificate
- 138Appeal concerning entries on the certificate
- 139Certificate to be given to new employer
- Part 10: Actuarial valuations
- 140Appointment of scheme actuary and actuarial valuations
- 140AEmployer cost cap
- Part 11: Appeals and determinations
- Chapter 1: Determinations and role of IQMP
- 141Determinations by the scheme manager
- 142Role of IQMP in determinations by the scheme manager
- 143Review of medical opinion
- Chapter 2: Appeals to Board of Medical Referees
- 144Appeals against determinations based on medical evidence
- 145Notice of appeal
- 146Reference of appeal to the board
- 147Procedure where appeal to be pursued
- 148The board’s report
- 149Reconsideration by the board
- 150Fees and allowances payable to the board
- 151Expenses of each party
- 152Notices etc
- Chapter 3: Appeals on other issues
- 153Appeals on other issues
- Part 12: Supplementary
- Chapter 1: Payment of pensions
- 154Late payment of retirement index adjustment
- 155Recovery of overpayment of benefits
- 156Guaranteed minimum pension
- 157Commutation of small pensions
- 158Payments for persons incapable of managing their affairs
- 159Payments due in respect of deceased persons
- 160Limitation on assignation of benefits
- Chapter 2: Forfeiture
- 161Forfeiture: offences committed by members, surviving partners or eligible children
- 162Forfeiture of pensions: offences committed by other persons
- 163Forfeiture of lump sum death benefit: offences committed by other persons
- 164Forfeiture: relevant monetary obligations and relevant monetary losses
- 165Set-off
- 166Forfeiture and set-off: procedure
- Chapter 3: Payment and deduction of tax
- 167Scheme administrator for the purposes of FA 2004
- 168Payment on behalf of members of lifetime allowance charge
- 169Reduction of benefits where lifetime allowance charge payable
- 170Information about payment of annual allowance charge
- 171Reduction of benefits where annual allowance charge paid by scheme manager
- Chapter 4: General
- 172Calculation of periods of membership and service
- 173Annual benefit information statements
- 174Evidence of entitlement
- 175Information to be provided to a member before reserve forces service leave
- 176Transitional provisions
- Signature
- Schedule 1: Payments for added pension
- Part 1: Interpretation
- 1Interpretation
- 2Meaning of “overall limit of extra pension”
- 3Limit on elections
- 4Amount of accrued added pension may not exceed overall limit of extra pension
- Part 2: Payments
- Chapter 1: Exercising the added pension election
- 5Added pension election exercisable by member
- Chapter 2: Periodical payments for added pension
- 6Application of Chapter
- 7Member’s election to make periodical payments for added pension
- 8Periodical payments
- 9Discontinuance of periodical payments
- 10Periodical payments during periods of assumed pensionable pay
- 11Amount of added pension for a scheme year
- Chapter 3: Lump sum payments for added pension
- 12Application of Chapter
- 13Member’s election to make a lump sum payment for added pension
- 14Amount of added pension to be credited to added pension account
- Schedule 2: Transitional provisions
- Part 1: General
- 1Interpretation
- 2Meaning of “continuity of service”
- 3Meaning of “tapered protection closing date”
- 4Meaning of “eligible to be an active member” of the NFPS
- 5Meaning of “active member of the 1992 Scheme or the NFPS”
- 6Meaning of “active member of an existing scheme”
- 7Meaning of “active member of an existing public body pension scheme”
- 8Commencement of active membership of this scheme
- Part 2: Full protection members of the 1992 Scheme or the NFPS
- 9Full protection members of the 1992 Scheme or the NFPS
- 10Exception for full protection member during protection period
- 11Full protection member not eligible to join this scheme
- 12Full protection: members of the 1992 Scheme or the NFPS on scheme closing date
- 13Full protection: members of an existing scheme
- 14Full protection: members of an existing public body pension scheme
- Part 3: Exceptions to section 18(1) of the 2013 Act: tapered protection members of the 1992 Scheme or the NFPS
- 15Tapered protection members of the 1992 Scheme or the NFPS
- 16Exception for tapered protection members during protection period
- 17Tapered protection member not eligible to join this scheme
- 18Tapered protection: members of the 1992 Scheme or the NFPS on scheme closing date
- 19Tapered protection: members of an existing scheme
- 20Tapered protection: members of an existing public body pension scheme
- 21Tapered protection members of an existing scheme or an existing public body pension scheme
- Part 3A: Payment of ill-health benefits to transition members
- 22Transition member who has not reached normal pension age under the NFPS
- 23Transition member who reaches normal pension age under the NFPS
- 24Transition member who has not reached normal pension age under the 1992 Scheme
- 25Transition member who reaches normal pension age under the 1992 Scheme
- Part 3B: Payment of death benefits in respect of transition members
- 26Annual rate of pensions for surviving partners payable under this scheme when certain transition members die in service with accrued benefits in the 1992 Scheme
- 27Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the NFPS
- 28Annual rate of pensions payable to an eligible child under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
- 29Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the NFPS
- 30Amount of lump sum death benefit payable under this scheme when a transition member dies in service with accrued benefits in the 1992 Scheme
- Part 3C: Transitional provisions relating to the NFPS and the 1992 Scheme
- 31Pensionable service under the NFPS
- 32Final salary of certain transition members for any purposes of the NFPS
- 33Final salary of certain transition members for any purposes of the 1992 Scheme
- 34Continuous pensionable service under the 1992 Scheme
- 35Deferred member of the 1992 Scheme
- 36Deferred member of the NFPS
- 37Authority determines the entitlement of a member of the NFPS to an ill-health award Repealed
- 38Authority determines the entitlement of a member of the 1992 Scheme to an ill-health award Repealed
- 39Repayment of contributions under the NFPS
- 40Qualifying for retirement benefits under the NFPS
- 41Qualifying for retirement benefits under the 1992 Scheme
- 42Final salary link not to apply again to a pension in payment under the NFPS
- 43Final salary link not to apply again to a pension in payment under the 1992 Scheme
- Part 3D: Transfer of final salary benefits
- 44Meaning of “final salary benefit”
- 45Acceptance of club transfer value payments
- 46Member of this scheme or the NFPS
- 4Tables
- Explanatory note