The Firefighters' Pension Scheme (Scotland) Order 2007
S.S.I. 2007/199 · Made 7 March 2007
FIRE SERVICES
PENSIONS
Made 7th March 2007
Laid before Parliament 8th March 2007
Coming into force 1st April 2007
The Scottish Ministers, in exercise of the powers conferred by section 34(1) to (5) and (8) and 60(2) of the Fire and Rescue Services Act 2004f1, after consulting such persons as they considered appropriate in accordance with section 34(5) of that Act, hereby make the following Order:
Annotations to the whole text
Footnotes
- f1
-
2004 c. 21, as amended by s.89(1) of, and paragraph 24 of schedule 3 to, the Fire (Scotland) Act 2005 (asp 5). The functions of the Secretary of State as regards Scotland were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
Contents
- 1Citation, commencement, effect and extent
- 2New pension scheme for firefighters in Scotland
- 31992 Scheme ceasing to have effect in Scotland, with transitional and savings provision
- Signature
- Schedule 1: THE NEW FIREFIGHTERS' PENSION SCHEME (SCOTLAND)
- Part 1: CITATION AND INTERPRETATION
- 1Citation
- 2Interpretation
- 3Disablement
- Part 2: SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
- 1Scheme membership
- 2Eligibility conditions
- 3Normal retirement age and normal benefit age
- 4Last day of membership
- 5Election not to make pension contributions
- 6Rejoining the Scheme
- Part 3: PERSONAL AWARDS
- 1Ordinary pension
- 2Award on ill-health retirement
- 3Deferred pension
- 4Cancellation of deferred pension
- 5Pension on member-initiated early retirement
- 6Pension on authority-initiated early retirement
- 7Entitlement to two pensions
- 8Refund of aggregate pension contributions
- 9Commutation: general
- 10Commutation: small pensions
- 11Allocation of pension
- 12Pension debit members
- Part 4: SURVIVORS' PENSIONS
- Chapter 1: SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
- 1Pensions for surviving spouses, civil partners and nominated partners
- 2Amount of survivor’s pension: general
- 3Amount of survivor’s pension: special cases
- 4Bereavement pension: survivors
- 5Commutation of pensions for surviving spouses, civil partners and nominated partner
- Chapter 2: CHILDREN'S PENSIONS
- 6Child’s pension
- 7Child’s pension: limitations and duration
- 8Amount of child’s pension
- 9Bereavement pension: children
- 10Pension for child where no survivor’s pension paid
- 11Child’s pension in respect of pension debit member
- 12Commutation of child’s pension
- Part 5: AWARDS ON DEATH
- 1Death grant
- 2Post-retirement death grant
- Part 6: PENSION SHARING ON DIVORCE
- 1Pension credit member’s entitlement to pension
- 2Commutation of whole of pension credit benefits
- 3Commutation of part of pension credit benefits
- 4Application of general rules
- 5Post-retirement death grant: pension credit members
- Part 7: RESERVISTS
- 1Interpretation of Part
- 2Continuity of employment
- 3Awards on death or permanent disablement
- 4Reservists who do not resume employment with their former authority
- Part 8: DETERMINATION OF QUESTIONS AND APPEALS
- 1Interpretation of Part 8
- 2Determinations and decisions by Scottish fire authority
- 3Review of medical opinion
- 4Appeals against decisions based on medical advice
- 5Appeals on other issues
- Part 9: REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
- 1Review of ill-health pension
- 2Consequences of review
- 3Withdrawal of pension during service as firefighter
- 4Withdrawal of early payment of deferred pension
- 5Withdrawal of pension on conviction of certain offences
- 6Forfeiture of award
- Part 10: QUALIFYING SERVICE AND PENSIONABLE SERVICE
- 1Qualifying service
- 2Reckoning of pensionable service
- 3Non-reckonable service
- 4Reckoning of unpaid period of absence
- 5Reckoning of maternity, paternity and adoption leave, etc
- 6Calculation of pensionable service
- Part 11: PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
- Chapter 1: PENSIONABLE PAY AND PENSION CONTRIBUTIONS
- 1Pensionable pay
- 2Final pensionable pay
- 3Pension contributions
- 4Optional pension contributions during maternity and adoption leave
- Chapter 2: PURCHASE OF ADDITIONAL SERVICE
- 5Purchase of additional service
- 6Election to purchase additional service
- 7Duration of periodical contributions and premature cessation
- 8Discontinuance and resumption of periodical contributions
- 9Periodical contributions in respect of periods of unpaid service or absence
- 10Effect of purchasing additional service by lump sum payment
- Part 12: TRANSFERS INTO AND OUT OF THE SCHEME
- Chapter 1: INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
- 1Interpretation of Part 12
- 2Entitlement to transfer value payment
- Chapter 2: TRANSFERS OUT OF THE SCHEME
- 3Applications for statements of entitlement
- 4Applications for transfer value payments
- 5Ways in which transfer value payments may be applied
- 6Calculating amounts of transfer value payments
- 7Effect of transfers-out
- Chapter 3: TRANSFERS INTO THE SCHEME
- 8Applications for acceptance of transfer value payment from another scheme
- 9Procedure for applications under rule 8
- 10Acceptance of transfer value payments
- 11Calculation of transferred-in pensionable service
- Chapter 4: TRANSFERS BETWEEN FIRE AUTHORITIES
- 12Transfer of payments and pension history between fire authorities
- Chapter 5: MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
- 13Interpretation of Chapter 5
- 14Mis-sold pensions
- 15Calculation of amount of restitution payment
- Part 13: PAYMENT OF AWARDS
- 1Authorities responsible for payment of awards
- 2Deduction of tax and lifetime allowance charges
- 3Payment of awards
- 4Pensions under more than one contract of employment
- 5Payments for minors and persons incapable of managing their affairs
- 6Payment of awards: further supplementary provision
- Part 14: MISCELLANEOUS PROVISIONS
- 1Guaranteed minimum pensions, etc.
- 2Survivors' guaranteed minimum pensions
- 3Information for authorities
- 4Annual benefit statements
- 5Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force
- 6Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006
- Chapter ANNEX 1: ILL-HEALTH PENSIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Chapter ANNEX 2: APPEALS TO BOARD OF MEDICAL REFEREES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 2: TRANSITIONAL ARRANGEMENTS
- 1Regular firefighters who became members of the 1992 scheme on or after 6th April 2006
- 2Options for active members of the 1992 Scheme
- 3Calculation of transferred-in pensionable service
- Explanatory note