
PART 1
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
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.
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.”.
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.
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)”.
7 
Omit paragraphs 1 and 2 of Part III (provision relating to same sex couples) of Appendix 1.
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
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.
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).
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).
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