FIRE SERVICES Citation, commencement and interpretation 1 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 2006 ; and “the Pension Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 , as it has effect in Scotland. Amendment of the Pension Scheme 2 The Pension Scheme shall be amended in accordance with Schedule 1 to this Order. Transitional provision 3 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 Notice under paragraph (3) must be given not later than the date 3 months after the coming into force of a scheme, other than the Compensation Scheme , under section 34 of the Fire and Rescue Services Act 2004 . 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 provision 4 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. GEORGE LYON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th June 2006