Regulation 2 InterpretationI1

In these Regulations—

• “PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

• “the 1992 Order” means the Firemen’s Pension Scheme Order 1992^f1 and the scheme created by the 1992 Order is “the 1992 scheme”;

• “the 2007 Order” means the Firefighters’ Pension Scheme (Scotland) Order 2007^f2 and the scheme created by the 2007 Order is “the 2007 scheme”;

• “the 2015 Regulations” means the Firefighters’ Pension Scheme (Scotland) Regulations 2015^f3;

• “the PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022^f4;

• “deferred choice decision” has the meaning given in regulation 12(1);

• “deferred choice decision-maker” means the person who may make a deferred choice decision under regulation 12(2);

• “deferred choice member” means a member with remediable service as a firefighter who, immediately before 1 October 2023, was—

  1. (a)

     an active or deferred member in relation to that service, and

  2. (b)

     is not a pensioner member^f5 in relation to that service;

• “eligible child” means, in relation to—

  1. (a)

     the 1992 scheme, the meaning given in F1Part D of schedule 2 of the 1992 Order;

  2. (b)

     the 2007 scheme, the meaning given in schedule 1 of the 2007 Order;

  3. (c)

     F2the reformed scheme F3, the meaning given in regulation 85 of the 2015 Regulations;

• “end of the section 10 election period”, in relation to a deferred choice member, means the time determined in accordance with—

  1. (a)

     where the member is the deferred choice decision-maker, regulation 13(3)(b);

  2. (b)

     where a person other than the member is the deferred choice decision-maker, regulation 14(2)(b);

• “firefighters’ pension scheme” means the 1992 scheme, the 2007 scheme or the reformed scheme;

• “immediate choice decision” has the meaning given in regulation 8(1);

• “immediate choice decision-maker” means the person who may make an immediate choice decision under regulation 8(2);

• “immediate choice member” means a member with F4remediable service as a firefighter who, immediately before 1 October 2023, was—

  1. (a)

     a pensioner member in relation to that service, or

  2. (b)

     a deceased member;

• “the legacy scheme”, in relation to a member, means whichever of the 1992 scheme or the 2007 scheme is the relevant Chapter 1 legacy scheme^f6 for the member, and “legacy scheme benefits” means benefits calculated in accordance with that scheme;

• “member” means an active, deferred, deceased or pensioner member of a firefighters’ pension scheme;

• “F5opted-out service election” has the meaning given in regulation 6(1);

• “the reformed scheme” means the pension scheme established by the 2015 Regulations, and “reformed scheme benefits” means the new scheme^f7 benefits under the reformed scheme;

• “remediable service as a firefighter” means, in relation to a member, the member’s remediable service^f8 in an employment or office that is pensionable service under a firefighters’ pension scheme;

• “remedy member” means a deferred choice member or an immediate choice member;

• “section 6 election” has the meaning given in regulation 8(1)(a);

• “section 10 election” has the meaning given in regulation 12(1)(a).

For the purposes of these Regulations, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to members of a firefighters’ pension scheme.

A term used in these Regulations which—

has the meaning given in, or for the purposes of, that provision.

A term used in these Regulations which—

has, in relation to the scheme established by the relevant Regulations, the meaning given in those Regulations.

In these Regulations, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.