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The Firefighters' Pension Scheme (Scotland) Order 2007

S.S.I. 2007/199 · Made 7 March 2007

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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

  1. 1Citation, commencement, effect and extent
  2. 2New pension scheme for firefighters in Scotland
  3. 31992 Scheme ceasing to have effect in Scotland, with transitional and savings provision
  4. Signature
  5. Schedule 1: THE NEW FIREFIGHTERS' PENSION SCHEME (SCOTLAND)
  6. Part 1: CITATION AND INTERPRETATION
  7. 1Citation
  8. 2Interpretation
  9. 3Disablement
  10. Part 2: SCHEME MEMBERSHIP, CESSATION AND RETIREMENT
  11. 1Scheme membership
  12. 2Eligibility conditions
  13. 3Normal retirement age and normal benefit age
  14. 4Last day of membership
  15. 5Election not to make pension contributions
  16. 6Rejoining the Scheme
  17. Part 3: PERSONAL AWARDS
  18. 1Ordinary pension
  19. 2Award on ill-health retirement
  20. 3Deferred pension
  21. 4Cancellation of deferred pension
  22. 5Pension on member-initiated early retirement
  23. 6Pension on authority-initiated early retirement
  24. 7Entitlement to two pensions
  25. 8Refund of aggregate pension contributions
  26. 9Commutation: general
  27. 10Commutation: small pensions
  28. 11Allocation of pension
  29. 12Pension debit members
  30. Part 4: SURVIVORS' PENSIONS
  31. Chapter 1: SURVIVING SPOUSES, CIVIL PARTNERS AND NOMINATED PARTNERS
  32. 1Pensions for surviving spouses, civil partners and nominated partners
  33. 2Amount of survivor’s pension: general
  34. 3Amount of survivor’s pension: special cases
  35. 4Bereavement pension: survivors
  36. 5Commutation of pensions for surviving spouses, civil partners and nominated partner
  37. Chapter 2: CHILDREN'S PENSIONS
  38. 6Child’s pension
  39. 7Child’s pension: limitations and duration
  40. 8Amount of child’s pension
  41. 9Bereavement pension: children
  42. 10Pension for child where no survivor’s pension paid
  43. 11Child’s pension in respect of pension debit member
  44. 12Commutation of child’s pension
  45. Part 5: AWARDS ON DEATH
  46. 1Death grant
  47. 2Post-retirement death grant
  48. Part 6: PENSION SHARING ON DIVORCE
  49. 1Pension credit member’s entitlement to pension
  50. 2Commutation of whole of pension credit benefits
  51. 3Commutation of part of pension credit benefits
  52. 4Application of general rules
  53. 5Post-retirement death grant: pension credit members
  54. Part 7: RESERVISTS
  55. 1Interpretation of Part
  56. 2Continuity of employment
  57. 3Awards on death or permanent disablement
  58. 4Reservists who do not resume employment with their former authority
  59. Part 8: DETERMINATION OF QUESTIONS AND APPEALS
  60. 1Interpretation of Part 8
  61. 2Determinations and decisions by Scottish fire authority
  62. 3Review of medical opinion
  63. 4Appeals against decisions based on medical advice
  64. 5Appeals on other issues
  65. Part 9: REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
  66. 1Review of ill-health pension
  67. 2Consequences of review
  68. 3Withdrawal of pension during service as firefighter
  69. 4Withdrawal of early payment of deferred pension
  70. 5Withdrawal of pension on conviction of certain offences
  71. 6Forfeiture of award
  72. Part 10: QUALIFYING SERVICE AND PENSIONABLE SERVICE
  73. 1Qualifying service
  74. 2Reckoning of pensionable service
  75. 3Non-reckonable service
  76. 4Reckoning of unpaid period of absence
  77. 5Reckoning of maternity, paternity and adoption leave, etc
  78. 6Calculation of pensionable service
  79. Part 11: PENSIONABLE PAY, PENSION CONTRIBUTIONS AND PURCHASE OF ADDITIONAL SERVICE
  80. Chapter 1: PENSIONABLE PAY AND PENSION CONTRIBUTIONS
  81. 1Pensionable pay
  82. 2Final pensionable pay
  83. 3Pension contributions
  84. 4Optional pension contributions during maternity and adoption leave
  85. Chapter 2: PURCHASE OF ADDITIONAL SERVICE
  86. 5Purchase of additional service
  87. 6Election to purchase additional service
  88. 7Duration of periodical contributions and premature cessation
  89. 8Discontinuance and resumption of periodical contributions
  90. 9Periodical contributions in respect of periods of unpaid service or absence
  91. 10Effect of purchasing additional service by lump sum payment
  92. Part 12: TRANSFERS INTO AND OUT OF THE SCHEME
  93. Chapter 1: INTERPRETATION OF PART 12 AND ENTITLEMENT TO TRANSFER VALUE PAYMENT
  94. 1Interpretation of Part 12
  95. 2Entitlement to transfer value payment
  96. Chapter 2: TRANSFERS OUT OF THE SCHEME
  97. 3Applications for statements of entitlement
  98. 4Applications for transfer value payments
  99. 5Ways in which transfer value payments may be applied
  100. 6Calculating amounts of transfer value payments
  101. 7Effect of transfers-out
  102. Chapter 3: TRANSFERS INTO THE SCHEME
  103. 8Applications for acceptance of transfer value payment from another scheme
  104. 9Procedure for applications under rule 8
  105. 10Acceptance of transfer value payments
  106. 11Calculation of transferred-in pensionable service
  107. Chapter 4: TRANSFERS BETWEEN FIRE AUTHORITIES
  108. 12Transfer of payments and pension history between fire authorities
  109. Chapter 5: MIS-SOLD PENSIONS AND RESTITUTION PAYMENTS
  110. 13Interpretation of Chapter 5
  111. 14Mis-sold pensions
  112. 15Calculation of amount of restitution payment
  113. Part 13: PAYMENT OF AWARDS
  114. 1Authorities responsible for payment of awards
  115. 2Deduction of tax and lifetime allowance charges
  116. 3Payment of awards
  117. 4Pensions under more than one contract of employment
  118. 5Payments for minors and persons incapable of managing their affairs
  119. 6Payment of awards: further supplementary provision
  120. Part 14: MISCELLANEOUS PROVISIONS
  121. 1Guaranteed minimum pensions, etc.
  122. 2Survivors' guaranteed minimum pensions
  123. 3Information for authorities
  124. 4Annual benefit statements
  125. 5Death of retained or volunteer firefighter before Firefighters' Pension Scheme (Scotland) Order 2007 in force
  126. 6Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006
  127. Chapter ANNEX 1: ILL-HEALTH PENSIONS
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. Chapter ANNEX 2: APPEALS TO BOARD OF MEDICAL REFEREES
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. Schedule 2: TRANSITIONAL ARRANGEMENTS
  144. 1Regular firefighters who became members of the 1992 scheme on or after 6th April 2006
  145. 2Options for active members of the 1992 Scheme
  146. 3Calculation of transferred-in pensionable service
  147. Explanatory note