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Regulation 54 Protection of the amount of pension payable to an eligible childI1

Scotland

(1)

This regulation applies where—

(a)

immediately before 1 October 2023, benefits are in payment to an eligible child (“E”) in respect of the remediable service as a firefighter of a deceased member,

(b)

there is a surviving partner F1as defined in regulation 76 of the 2015 Regulations (“S”) in relation to the deceased member,

(c)

S does not have parental responsibility for E, and

(d)

S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the amount of benefits payable to E in relation to M’s remediable service as a firefighter.

(2)

Where this regulation applies—

(a)

E does not owe the scheme manager a liability under section 14(3) of PSPJOA in respect of benefits received in relation to M’s remediable service as a firefighter, and

(b)

the amount of benefits payable continues to be the amount that was payable before the election was made.

Annotations

Textual amendments

F1

Words in reg. 54(1)(b) inserted (3.10.2025) by The Firefighters’ Pensions (Remediable Service) (Scotland) Amendment (No. 2) Regulations 2025 (S.S.I. 2025/187), regs. 1(2), 2(9)

Commencement

I1

Reg. 54 in force at 1.10.2023, see reg. 1(b)