Public Service Pensions Citation, commencement and effect 1 1 These Regulations may be cited as the Firefighters’ Pension Scheme (Amendment and Transitional Provision) (Scotland) Regulations 2017. 2 These Regulations come into force on 30th January 2018. 3 Regulations 2 to 7 of these Regulations have effect from 1st April 2015. 4 Regulation 8 of these Regulations has effect from 6th February 2017. Amendment of the Firefighters’ Pension Scheme (Scotland) Regulations 2015 2 The Firefighters’ Pension Scheme (Scotland) Regulations 2015 are amended in accordance with regulations 3 to 7. Amendments to Part 5 (retirement benefits) 3 1 Part 5 (retirement benefits) is amended as follows. 2 In regulation 71 (option to commute part of pension) in paragraph (4)— a in the opening words, after “exchange” insert “for a lump sum under this regulation”; and b in sub-paragraph (a), omit “for a lump sum under this regulation”. 3 In regulation 71A (option to commute part of an equivalent amount)— a in the opening words of paragraph (3) for “rule” substitute “regulation”; and b after paragraph (3) insert— 4 Where the person is entitled to the immediate payment of an equivalent amount to the 1992 Scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule B7 (commutation-general provision) of the 1992 Scheme. . Amendments to Part 6 (death benefits) 4 1 Part 6 (death benefits) is amended as follows. 2 In regulation 78(1) (surviving partner’s pension payable on death of active member), for “more than” substitute “at least”. 3 In regulation 92 (bereavement pension: eligible child), in paragraphs (3) and (4) for “surviving partner’s pension”, in each place where the words occur, substitute “eligible child’s pension”. Amendments to Part 8 (contributions) 5 1 Part 8 (contributions) is amended as follows. 2 In regulation 111 (contributions during absence from work due to illness, injury, trade dispute or authorised absence), in paragraph (2) after “may” insert “elect to”. 3 In regulation 119(5) (refund of employer additional contribution for ill health award following review)— a for “instalments of higher tier ill-health pension or lower tier ill-health pension”, substitute “instalments of higher tier ill-health additional contributions or lower tier ill-health additional contributions”; and b after “in respect of P”, in the first place where those words occur, insert “from the date that the entitlement ceased”. Amendment to Part 11 (appeals and determinations) 6 In Part 11 (appeals and determinations), in regulation 144(4)(b) (appeals against determinations based on medical evidence), for “rule” substitute “regulation”. Amendments to Schedule 2 (transitional provisions) 7 1 Schedule 2 is amended as follows. 2 In Part 3A (payment of ill-health benefits to transition members), in paragraph 22(2)(a) (transition member who has not reached normal pension age under the NFPS), after “(awards on ill-health retirement)”, insert “of Part 3 (personal awards)”. 3 In Part 3C (transitional provisions relating to the NFPS and the 1992 Scheme)— a in paragraph 37 (scheme manager determines member of the NFPS is not entitled to an ill-health award)— i for the heading substitute “Authority determines the entitlement of a member of the NFPS to an ill-health award”; ii in the opening words of sub-paragraph (2), for “If this paragraph applies” substitute “If the authority subsequently determines that the member of the NFPS is not entitled to an ill-health award”; and iii after sub-paragraph (2), insert— 3 If the authority subsequently determines that the member of the NFPS is entitled to an ill-health award— a the member shall not join this scheme; b the member shall continue to be a member of the NFPS; and c the ill-health award shall be payable under rule 2 of Part 3 (awards on ill-health retirement) of the NFPS. ; and b in paragraph 38 (scheme manager determines member of the 1992 scheme is not entitled to an ill-health award)— i for the heading substitute “Authority determines the entitlement of a member of the 1992 Scheme to an ill-health award”; and ii in sub-paragraph (2), for “If this paragraph applies” substitute “If the authority subsequently determines that the member of the 1992 Scheme is not entitled to an ill-health award”; and iii after sub-paragraph (2), insert— 3 If the authority subsequently determines that the member of the 1992 Scheme is entitled to an ill-health award— a the member shall not join this scheme; b the member shall continue to be a member of the 1992 Scheme; and c the ill-health award shall be payable under rule B3 (ill health awards) of the 1992 Scheme. . Amendment of the Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016 8 In the description of “A” in paragraph (3) of article 3 (transitional provision), of the Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016 , after “contribution”, the first time that it appears, insert “(not including any contribution in relation to an additional pension benefit),”. DEREK MACKAY A member of the Scottish Government St Andrew’s House, Edinburgh 12th December 2017