Agenda item

The Pension Manager presented a report which provided an overview of the current issues relating to the Firefighters’ Pension Schemes, including updates on the following:-

-         Member Statistics

-         FPS Bulletin Actions Arising

-         McCloud Judicial Review

-         McCloud Data Collection Exercise

-         McCloud Contingent Decisions

-         McCloud Provision Definition Documents

-         Pension Dashboard Programme Update

-         The Pension Regulator Single Code of Practice

-         Matthews Remedy

-         Potential Industrial Action

-         General Updates

Board Members were advised that the Annual General Meeting for the Firefighters’ Pension Schemes had taken place on 25^th and 26^th October 2022 and was attended by the Pension Scheme Manager and Pensions Manager. The key subjects covered included an overview of recent case law, updates on the Pension Dashboard Programme and presentations from the FBU relating to McCloud.

The Board were advised that the FBU were currently balloting members regarding strike action over a dispute about pay. Communications to staff were currently being drafted, in preparation for any potential action, to ensure that they were fully aware of the way pay and pension deductions would be calculated and the process and timescales for repaying any contributions for breaks in service. The Board had a discussion on how the strike would impact on an individual’s pension when it was time to retire and about buy-back extra days. The Pension Scheme Manager advised that this information would be clarified and would be shared with staff accordingly.

The Board were advised that the public sector unions had been granted a judicial review in relation to McCloud/Sergeant remedy costs inclusion in the control cap mechanism. A date for the hearing had been confirmed and was due to take place on 23^rd January 2023 over 5 days.

Amy Caves, Solicitor provided an update on the McCloud/Sargeant Remedy and Immediate Detriment. The Board were advised that a communication was issued to all nominated contacts on 14^th October 2022 to confirm that the injury to feeling Employment Tribunal had been vacated. Vacation of the hearing followed an agreement in principle as to issue of non-financial loss, and to provide further time to negotiate the full settlement details between all parties (including FRAs) through their legal representatives. There was no detail of the settlement yet and the cost of any compensation would be fully met by the Government.

Negotiation between the respective legal representatives was still needed on the details, including timescale and practicalities around making payments. Timescale for holding those discussions was not known yet. However, FRAs would be updated on any material developments through their nominated contact.

The reverse discrimination claims apply to protected members who were not given access to the 2015 scheme (until 2022); those cases had not yet been tested in court to determine whether discrimination occurred. The claims were stayed, but such members would be given the same remedy options as all other eligible members when the legislation was in place. The FOA claims were the same as the FBU claims, they were just made later and covered a different group of members.

The Board had a discussion on the injury to feeling claims and queried whether claims could be made retrospectively or whether it would only apply to those who had already submitted a claim.  Amy Caves was asked if she would seek clarification on this and to provide an indication of the number of staff within CFRS who had submitted a claim.

RESOLVED: That

[1]       the Firefighter Pension Scheme update be noted; and

[2]       the Legal Advisor to provide clarification on eligibility for an Injury to Feelings claim and the number of CFRS staff in scope.