Fire Services PART 1 Introductory Citation, commencement, effect and extent 1 1 This Order may be cited as the Firefighters’ Pension and Compensation Schemes (Amendment) (Scotland) Order 2019. 2 This Order comes into force on 21 December 2019 but the provisions mentioned in paragraph (3) have effect as provided in that paragraph. 3 The provisions in— a article 3 has effect from 1 April 2007, b articles 2 (insofar as necessary to give effect to articles 5, 6 and 8), 5, 6, and 8 to 12 have effect from 5 December 2005, c article 7 has effect from 16 December 2014. 4 This Order extends to Scotland. PART 2 CHAPTER 1 Firemen’s Pension Scheme Order 1992 Amendments to the Firemen’s Pension Scheme Order 1992 2 Schedule 2 of the Firemen’s Pension Scheme Order 1992 in which the Firefighters’ Pension Scheme is set out is amended in accordance with articles 3 to 8. Amendments to Part B (personal awards) 3 In rule B5A (entitlement to two pensions) — a in paragraph (2), for “exceeds” substitute “is lower than”, b in paragraph (6), after “B1,” insert “B1A,”, and c in paragraph (9), for “paragraph (3)” substitute “paragraph (4)”. 4 In rule B7 (commutation – general provision) , after paragraph (5A), insert— 5B Notwithstanding paragraph (4) a fire and rescue authority may, having regard to— a the economical, effective and efficient management of their functions, and b the costs likely to be incurred in the particular case, pay a lump sum in excess of two and a quarter times the full amount of the pension. . Amendments to Part C (awards on death – spouses) 5 1 In rule C1 (spouse’s ordinary pension) — a in paragraph (2), after “spouse” insert “or surviving civil partner”, and b omit paragraph (2A). 2 In rule C4 (spouse’s accrued pension) in paragraph (3)— a in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and b omit sub-paragraph (b) and the “and” immediately preceding it. 3 In rule C5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)— a in paragraph (2), after “spouse” insert “or surviving civil partner”, and b omit paragraph (3). 4 In rule C6 (spouse’s requisite benefit and temporary pension) , in paragraph (4)— a in sub-paragraph (a) omit “in the case of a surviving spouse,”, and b omit sub-paragraph (b) and the “and” immediately preceding it. 5 In rule C8 (limitation where spouses living apart) in paragraph (2)— a in sub-paragraph (a), omit “in the case of a surviving spouse,” and, b omit sub-paragraph (b) and the “and” immediately preceding it. Amendments to Part J (special cases) 6 In rule J1 (guaranteed minimum pensions) — a for paragraph (2)(b) substitute— b in the case of a person who dies at any time and leaves a surviving spouse or civil partner, that person is entitled to a pension at a weekly rate equal to half the deceased person’s guaranteed minimum, and , b in paragraph (2), omit sub-paragraph (d) and the “and” immediately preceding it, and c in paragraph (4), for “, (c) or (d)” substitute “or (c)”. Amendments to Appendix 1 to the scheme 7 Omit paragraphs 1 and 2 of Part III (provision relating to same sex couples) of Appendix 1 . Amendments to Appendix 3 to the scheme 8 In Appendix 3 (awards on death – spouses)— a in Part III (spouse’s accrued pension)— i in paragraph 2(1), after “spouse’s” insert “, or surviving civil partner’s,”, and ii in paragraph 3(1), after “spouse” insert “or surviving civil partner”, and b in Part IV (pension for surviving spouse of post-retirement marriage), in paragraphs 1(1) and 2(1) , after “surviving spouse” insert “or surviving civil partner”. CHAPTER 2 Firefighters’ Compensation Scheme (Scotland) Order 2006 Amendments to the Firefighters’ Compensation Scheme (Scotland) Order 2006 9 Part 3 (awards on death: spouses and civil partners) of schedule 1 of the Firefighters’ Compensation Scheme (Scotland) Order 2006 (in which the firefighters’ compensation scheme 2006 is set out) is amended in accordance with paragraphs 10 to 12. Amendments to rule 1 10 In rule 1 (special award for spouse or civil partner), in paragraph (3)— a in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and b omit sub-paragraph (b). Amendments to rule 3 11 In rule 3 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership)— a in paragraph (2), after “spouse” insert “or surviving civil partner”, and b omit paragraph (3). Amendments to rule 4 12 In rule 4 (limitation where spouse or civil partner is living apart), in paragraph (2)— a in sub-paragraph (a), after “spouse” insert “or surviving civil partner”, and b omit sub-paragraph (b) and the “and” immediately preceding it. KATE FORBES Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 7th November 2019