Regulation 2 Amendment of the Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023

(1)

The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023^f1 are amended in accordance with this regulation.

(2)

in regulation 2(1) (interpretation)^f2—

(a)

in paragraph (c) of the definition of “eligible child” after “the reformed scheme” insert “, the meaning given in regulation 85 of the 2015 Regulations”,

(b)

in the definition of “opted out service election” for “opted out” substitute “opted-out”.

(3)

In regulation 12(11) (deferred choice decision for reformed scheme or legacy scheme benefits: general)^f3 for “the scheme manager must pay an amount equal to the difference to the beneficiary” substitute “the beneficiary must pay an amount equal to the difference to the scheme manager”.

(4)

In regulation 19 (meaning of “alternative amount”)—

(a)

in paragraph (2) in the definition of “reformed scheme amount” for “or WRPA” substitute “of WRPA”,

(b)

in paragraph (3) in the definition of “tapered protection closing date” for “tof” substitute “of”.

(5)

In regulation 45(2)(a) (remediable value treated as being in the legacy scheme) after “into” insert “the”.

(6)

In regulation 48(3)(b) (pension benefits and lump sum benefits in relation to a remediable value) for “mention” substitute ”mentioned”.

(7)

In regulation 49(1) (application and interpretation of Chapter 1)^f4 in the definitions of “alternative scheme” and “ill-health benefits”, for “2006 IHR member” substitute “2007 IHR member”.

(8)

In regulation 51A (entitlement to ill-health benefits where a remedy member's legacy scheme is the 2007 scheme)^f5—

(a)

in paragraph (1)(b)(ii) for “Schedule 2” substitute “schedule 1”,

(b)

in paragraph (4)(b) for “scheme” substitute “Order”,

(c)

in paragraph (7)(b) for “that Part” substitute “Part 11 of the 2015 Regulations”.

(9)

In regulation 54(1)(b) (protection of the amount of pension payable to an eligible child) after “surviving partner” insert “as defined in regulation 76 of the 2015 Regulations”.

(10)

In regulation 65 (payment of amounts owed to the scheme manager), in paragraphs (5)(a) and (c), (6)(b)(ii) and (7)(b)(iii) for “remediable firefighter service” substitute “remediable service as a firefighter”.

(11)

In the schedule (eligible decision-makers for deceased members), in paragraph 1 (interpretation)—

(a)

in sub-paragraph (1)^f6—

(i)

in the definition of “election” for “deferred choice election decision” substitute “deferred choice decision”,

(ii)

in the definition of “eligible decision-maker”—

(aa)

in paragraph (b) for “immediate choice election” substitute “immediate choice decision”,

(bb)

in paragraph (c) omit “election”,

(iii)

omit the definition of “surviving partner”,

(b)

in sub-paragraph (2)(a) for “if” in the first place it occurs, substitute “is”.

Annotations

Footnotes

f1: S.S.I. 2023/242 as amended by S.S.I. 2025/113.
f2: The definition of “eligible child” is amended by S.S.I. 2025/113.
f3: Regulation 12(11) is amended by S.S.I. 2025/113.
f4: Regulation 49(1) is amended by S.S.I. 2025/113.
f5: Regulation 51A is inserted by S.S.I. 2025/113.
f6: Paragraph 1(1) of the schedule is amended by S.S.I. 2025/113.