Report - Fire Brigades Union

Section
Pensions
Retained firefighters: pension settlement
FBU officials and representatives from Thompsons solicitors
continued to negotiate with representatives from the
department for Communities and Local Government (CLG) to
reach a settlement to the issue of firefighters working the
retained duty system gaining access to the Firefighters’
Pension Scheme (FPS).
Regular updates on progress were given to executive council
members and a circular 2010HOC0317MW issued on 7 May
2010 to all retained branches explained the latest position.
This circular explained that executive council members had,
at their meeting held on 20 and 21 April 2010, discussed the
current negotiated position and agreed that it be
recommended to members for acceptance.
Work has continued with CLG to produce a blueprint showing
exactly what the modified scheme will look like and that this is
then made available to members. This blueprint is expected to
be completed early in 2011 after which the statutory
consultation will take place.
Fairer Commutation Campaign
The Fairer Commutation Campaign continued throughout 2009
and an update was given to all out of trade members on
4 January 2010 in circular 2010HOC0003MW. This circular
explained that model grievances, to submit to the Pensions
Ombudsman, were being prepared for individuals who retired
pre 22 August 2006 but after 1 March 2006 and for individuals
who retired pre 1 March 2006. It also explained the continued
support that the FBU would be giving to out of trade members
who were involved in this campaign.
These model grievances were distributed in circular
2010HOC0126MW on 17 February 2010 with an explanation
of how they should be used.
The Pensions Ombudsman initially raised an issue that the
internal disputes resolution process (IDRP) had not been
exhausted but, following written correspondence and several
telephone conversations, it was accepted that the IDRP was
not the practical route in this situation.
As part of the ongoing process the Pensions Ombudsman sent
copies of the initial submissions from the department for
Communities and Local Government (CLG) and the
Government Actuary’s Department (GAD) to the FBU for our
comments. A brief summary of this initial submission which
included a view from CLG that the Pensions Ombudsman had
no jurisdiction to consider these complaints was contained in
circular 2010HOC0329SS issued on 13 May 2010.
On 26 May 2010, following the FBU comments, head office
received a further letter from the Pensions Ombudsman
explaining that the investigation would focus on the
Government Actuary’s Department, but the door would be left
open to extend this to the CLG if necessary. This letter also
explained that the test case approach that had been discussed
between the FBU and the Pensions Ombudsman would be
adopted and a test case for each year in question would be
selected.
The GAD position remained that the complaint should not be
investigated because:
1. It is time barred;
2. If it is not time barred the Pensions Ombudsman can only
investigate maladministration that occurred after 6 April
2006;
3. If it is not time barred there was no maladministration.
Further updates were given to executive council members at
their meetings held on 8, 9 and 10 June and 21, 22 and 23
September 2010.
FBU Annual Report 2011 91