# The Firefighters’ Pension Scheme (Scotland) Regulations 2015, Regulation 62: Employer initiated retirement

Extent: S

(1) A pension is to be calculated in accordance with regulation 59 (annual rate of retirement pension (active members)) without the early payment reduction where—
(a) an active member (P) has attained the age of 55, but has not attained the normal pension age; and
(b) the circumstances specified in paragraph (2) or (3) apply.
(2) The circumstances in this paragraph are that—
(a) P is dismissed by the authority from a scheme employment by reason of business efficiency; or
(b) P’s employment is terminated by mutual consent on the grounds of business efficiency;
and the authority determines that paying a pension on the basis of paragraph (1) would assist the economical, effective and efficient management of its functions, having taken account of the costs likely to be incurred in the particular case.
(3) The circumstances in this paragraph are that—
(a) P’s employment is terminated because P is unable to perform the duties of the role in which P was last employed as a result of the fitness standards required for the performance of those duties;
(b) that inability is not caused by incapacity of mind or body entitling P to an ill-health pension under regulation 65 (entitlement to lower tier ill-health pension and higher tier ill-health pension);
(c) P has undertaken such reasonable programme of rehabilitative training as the authority has provided;
(d) the authority considers that there are mitigating circumstances in relation to the inability referred to in sub-paragraph (a);
(e) the authority is unable to make reasonable adjustments to the role in which P is employed which would enable P to perform its duties; and
(f) the authority is unable to redeploy P to different duties within the role which P is able to perform.
(4) Where the authority is considering making a determination under paragraph (2) in respect of an active member who is a connected member of the NFPS, or a connected special member of the NFPS, in relation to that active member’s pension account, the employer must also consider making a determination under rule 6 (pension on authority-initiated early retirement) of Part 3 of the NFPS.

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Source: https://www.legislation.gov.uk/ssi/2015/19/regulation/62 (the official version)
Page: https://openlegislation.uk/firefighters-pension-scheme-scotland-regulations-2015/regulation-62
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.