Legislation – The Firefighters’ Pensions (Remediable Service) (Scotland) Regulations 2023
PART 7Provision about special cases
CHAPTER 2Child pensions in payment
Protection of the amount of pension payable to an eligible child
54.
(1)
This regulation applies where—
(a)
immediately before 1 October 2023, benefits are in payment to an eligible child (“E”) in respect of the remediable service as a firefighter of a deceased member,
(b)
there is a surviving partner (“S”) in relation to the deceased member,
(c)
S does not have parental responsibility for E, and
(d)
S makes an immediate choice decision which would (disregarding this regulation) result in a decrease in the amount of benefits payable to E in relation to M’s remediable service as a firefighter.
(2)
Where this regulation applies—
(a)
E does not owe the scheme manager a liability under section 14(3) of PSPJOA in respect of benefits received in relation to M’s remediable service as a firefighter, and
(b)
the amount of benefits payable continues to be the amount that was payable before the election was made.