Citation, commencement and interpretation1
1
This Order may be cited as the Firefighters' Pension Scheme Amendment (Scotland) Order 2006.
2
This Order shall come into force on 1st July 2006, but subject to paragraph (3) (4) and (5) the amendments set out in Schedule 1 to this Order shall have effect from 6th April 2006.
3
The following amendments shall have effect from 1st July 2006–
a
the amendments made by paragraph 6 of Schedule 1 (ill-health awards);
b
the amendments made by paragraph 46 of Schedule 1 (review of ill health and certain deferred pensions); and
c
the amendments made by paragraph 55 of Schedule 1 (calculation of an ill-health award).
4
The amendment made by article 2 and paragraph 18 of Schedule 1 (spouse’s or civil partner’s requisite benefit and temporary pension) have effect from 1st March 1992.
5
The amendment made by article 2 and paragraph 5 of Schedule 1 (short service award) have effect from 4th December 2005.
6
In this Order–
“the Compensation Scheme” means the Firefighters' Compensation Scheme (Scotland) set out in the Schedule to the Firefighters' Compensation Scheme (Scotland) Order 20063; and
“the Pension Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 19924, as it has effect in Scotland.
Amendment of the Pension Scheme2
The Pension Scheme shall be amended in accordance with Schedule 1 to this Order.
Transitional provision3
1
The amendments made by paragraph 6 (ill-health awards), 46 (review of ill health and certain deferred pensions) and 55 (calculation of an ill-health award) of Schedule 1 to this Order shall not have effect in relation to a person in respect of whom a determination or decision relevant to the termination of his or her employment on grounds of ill-health (whether under Part H or Part K of the Pension Scheme) has been made before 1st July 2006.
2
In a case to which paragraph (1) applies, rules B3 and K1 of the Pension Scheme shall continue to have effect in relation to such a person in the form in which they exist immediately before that date.
3
Where–
a
a provision of this Order applies to a person to whom a protected benefit was being paid or might become payable; and
b
by virtue of this Order that person is placed in a worse position than he or she would have been if this Order had not applied to him or her;
he or she may, by giving written notice to the fire and rescue authority liable or prospectively liable for the payment of the benefit, elect that this Order or a provision of this Order shall not apply to him or her.
4
5
For the purposes of paragraph (3) a protected benefit is one paid or capable of becoming payable to or in respect of a person who, before 1st July 2006, ceased to be a member of the fire and rescue service or died.
Revocation and consequential provision4
1
So much of article 2(2) of the Firemen’s Pension Scheme Order 1992 as relates to the provisions specified in column 1 of Schedule 2 to this Order (provisions of the Pension Scheme superseded by the Compensation Scheme) is revoked.
2
A reference in any document (whether made, served or issued before, on or after 6th April 2006) to a provision of the Pension Scheme that ceases to have effect by virtue of paragraph (1) shall, unless a contrary intention appears, be construed on and after that date as a reference to, the corresponding provision of the Compensation Scheme specified in column 2 of Schedule 2.