Citation, commencement, effect and extent

1.-(1) This Order may be cited as the Firefighters' Pension Schemes (Scotland) Amendment Order 2019.

(2) This Order comes into force on 10 December 2019 but-

(a)article 2(1) (insofar as necessary to give effect to article 2(2)) and (2) has effect from 1 April 2007,

(b)article 3(1) (insofar as necessary to give effect to article 3(2) to (5) and (7)) and (2) to (5) and (7) has effect from 6 April 2006, and

(c)article 2(1) (insofar as necessary to give effect to article 2(3)), article 3(1) (insofar as necessary to give effect to article 3(6)) and articles 2(3) and 3(6) have effect from 1 December 2009(4).

(3) This Order extends to Scotland only.

Amendment of the Firemen's Pension Scheme Order 1992

2.-(1) The Firemen's Pension Scheme Order 1992(5) is amended in accordance with paragraphs (2) and (3).

(2) In rule B5A (entitlement to two pensions)(6), after paragraph (3) insert-

"(3A) The amount of the first pension determined under paragraph (3) or (4B)(a), is increased for each year before the firefighter's last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter's last day of service at the higher rate of pay, to which the Pensions (Increase) Act 1971(1) applied.".

(3) In rule IA2(1) (commutation of the pension credit benefits)(7), for "In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)" substitute "Where the amount of pension payable under rule IA1 does not exceed the trivial commutation limit in paragraph 7 of schedule 29 of the Finance Act 2004 (lump sum rule)(8)".

Amendment of the Firefighters' Pension Scheme (Scotland) Order 2007

3.-(1) Schedule 1 to the Firefighters' Pension Scheme (Scotland) Order 2007(9) (the New Firefighters' Pension Scheme (Scotland)) is amended in accordance with paragraphs (2) to (7).

(2) In Part 1, in rule 2(1) (interpretation)-

(a)in the definition of "child", in paragraph (a)(iii) for "nominated partner" substitute "cohabiting partner",

(b)after the definition of "child's pension" insert-

""cohabiting partner" has the meaning given by rule 1(5A) of Part 2,", and

(c)omit the definition of "nominated partner".

(3) In Part 2 (scheme membership, cessation and retirement), rule 1 (scheme membership)-

(a)in paragraph (5)(b) for "nominated partner" substitute "cohabiting partner",

(b)after paragraph (5) insert-

"(5A) For the purposes of this rule, "cohabiting partner" in relation to the scheme member means a person-

(a)who has been living with the scheme member, otherwise than as the scheme member's spouse or civil partner,

(b)at the date on which the question of the cohabiting partner's status in relation to the scheme member falls to be considered, is not the spouse or civil partner of any other person,

(c)is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and

(d)is in a long-term relationship with the scheme member and could enter into a marriage or civil partnership with the scheme member,

"long-term relationship" means a relationship that has continued, to the exclusion of any other relationship, for a period of at least 2 years ending with the date on which the question of the person's status in relation to the scheme member falls to be considered, or such shorter period as the authority may in any particular case think fit, and

"scheme member" means a firefighter member, deferred member or pensioner  member.", and

(c)omit paragraphs (6) to (9).

(4) In Part 3 (personal awards)-

(a)in rule 7 (entitlement to two pensions)-

(i)in paragraph (2) for "paragraphs (3) and (4)" substitute "paragraphs (3), (3A) and (4)", and

(ii)after paragraph (3) insert-

"(3A) The amount of the first pension determined under paragraph (3), is increased for each year before the firefighter's last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the date that paragraph (1) first applied to the member, to which the Pensions (Increase) Act 1971(1) applied.", and

(b)in rule 11(2)(a) (allocation of pension) for "nominated partner" substitute "cohabiting partner".

(5) In Part 4 (survivors' pensions)-

(a)in the heading to Chapter 1 and the headings to rules 1 and 5, for "nominated partners" in each place where it occurs substitute "cohabiting partners", and

(b)in rule 1 (pensions for surviving spouses, civil partners and nominated partners), in paragraphs (1), (2) and (3) for "nominated partner" in each place where it occurs substitute "cohabiting partner".

(6) In Part 6 (pension sharing on divorce), rule 2 (commutation of whole of pension credit benefits) for "In the circumstances described in regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension credit benefit: small pensions)" substitute "Where the amount of pension payable under this Part does not exceed the trivial commutation limit in paragraph 7 (trivial commutation of lump sum) of schedule 29 of the Finance Act 2004".

(7) In Part 7 (reservists), in rule 3(3) (awards on death or permanent disablement) for "nominated partner" substitute "cohabiting partner".

EXPLANATORY NOTE

(This note is not part of the Order)

This Orders makes amendments to two instruments relating to pensions payable in respect of firefighters in Scotland, namely:

Article 2 makes amendments to the 1992 Order. Article 2(2) clarifies that where a firefighter has an entitlement to two pensions under the 1992 Scheme, the amount of the first pension is uprated annually from the date that the firefighter ceased to earn the higher rate of pay. Article 2(3) updates an out of date statutory reference. Article 2(2) has effect from 1 April 2007, the date that the entitlement to two pensions under rule B5A of the 1992 Scheme had effect in terms of S.S.I. 2008/161. Article 2(3) has effect from 1 December 2009, the date that the original statutory reference was revoked.

Article 3 makes amendments to the 2007 Order. Article 3(2), (3), (4)(b), (5) and (7) remove the requirement for a deceased member and the surviving partner of that member to have completed a nomination form before a survivor's pension can be paid and make consequential changes insofar as nominated partners become cohabiting partners. Article 3(4)(a) clarifies that where a firefighter has an entitlement to two pensions under the 2007 Scheme, the amount of the first pension is uprated annually from the date that the firefighter ceased to earn the higher rate of pay. Article 3(6) updates an out of date statutory reference. Article 3 (other than article 3(6)) has effect from 6 April 2006, the date that the 2007 Order had effect. Article 3(6) has effect from 1 December 2009, the date that the original statutory reference was revoked.