# The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023, Regulation 54: Protection of the amount of pension payable to an eligible child

Extent: S

(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 as 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.

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Source: https://www.legislation.gov.uk/ssi/2023/242/regulation/54 (the official version)
Page: https://openlegislation.uk/firefighters-pensions-remediable-service-scotland-regulations-2023/regulation-54
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.