Citation, commencement, effect and extent

1.-(1) This Order may be cited as the Firemen's Pension Scheme (Amendment) (Scotland) Order 2015 and comes into force on 1st April 2015.

(2) Article 3 has effect from 16th December 2014.

(3) This Order extends to Scotland only.

Amendment of the Firemen's Pension Scheme Order 1992

2.  Schedule 2 to the Firemen's Pension Scheme Order 1992(3) (in which the Firefighters' Pension Scheme is set out) is amended as follows.

3.  After Part 2 of Schedule 1 (interpretation), insert-

"PART 3Provisions relating to same sex couples

Marriage of a same sex couple

1.-(1) Subject to paragraph 3, in this Scheme-

(a)a reference to civil partnership is to be read as including a reference to marriage of a same sex couple;

(b)a reference to civil partners is to be read as including a reference to a married same sex couple; and

(c)a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed.

Living together as a same sex couple

2.-(1) In this Scheme-

(a)a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple; and

(b)a reference to a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed.

Continuation of marriage where Scheme member acquires new legal gender

3.  Where-

(a)a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004(4); and

(b)at the time of the member's death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the Scheme member's widow is to be treated for the purposes of this Scheme as if the certificate had not been issued.".

4.  For the Table in paragraph 3 of Part 1A of Schedule 8 (pension contributions), substitute-

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Firefighters' Pension Scheme 1992 (set out in Schedule 2 to the Firemen's Pension Scheme Order 1992) as it has effect in Scotland.

A new Part 3 (dealing with same sex couples) is inserted in Schedule 1 to the Scheme with effect from 16th December 2014.

Part 1A of Schedule 8 to the Scheme sets out the contribution rates payable by members which are determined by reference to the applicable pensionable pay band. This Order substitutes the table in Part 1A to provide an annual one per cent uplift in the pay bands until 2018.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen and the impact on the public sector is minimal.