Submitted by SWFBU on
10 March 2014
TO: ALL MEMBERS
Dear Brother/Sister
IMPORTANT INFORMATION FOR RDS MEMBERS - RDS MODIFIED SCHEME PROCESS FROM 1 APRIL 2014 (ENGLAND)
In 2008 the FBU won a victory for its members when after a lengthy court battle RDS firefighters were recognised as being discriminated against under regulations relating to the less favourable treatment of part-time workers.
As part of this ruling, RDS firefighters who were employed from 1 July 2000 to 5 April 2006 were eligible to retrospectively gain access to a firefighters' pension scheme comparable to their wholetime colleagues.
Since this ruling the FBU has been engaged in negotiating a scheme which enables this ruling to be enacted. These negotiations have taken place solely between the FBU and the Department for Communities and Local Government (DCLG).
Although these negotiations concluded some time ago, Government has dragged its feet with the implementation process which has been both frustrating and unacceptable. During this time the FBU has consistently applied pressure on DCLG to introduce this scheme without further delay and has written to the Ministers involved on more than one occasion making this point. In the end, and to illustrate its importance, it was included in the recent 8 point trade dispute in relation to the attacks on pensions.
Now it seems that there is finally progress and the consultation has concluded and an implementation process is due to start from 1 April 2014. All that remains to be done is for Fire and Rescue Authorities (FRAs) to identify eligible individuals and explain how they can join the scheme. The full consultation response from Government detailing some specifics of the scheme can be accessed via this link:
https://www.gov.uk/government/consultations/retained-firefighters-pensio...
The document makes it absolutely clear that this scheme was the result of lengthy negotiations between the FBU and DCLG and as such we believe the union is in the best possible position to advise members on the benefits of the modified scheme. The union is currently preparing itself for this task and we are making plans to be ready to provide members with all the facts to enable them to make a decision on their pension scheme that the union has won for them. This will be a service that is only made available to FBU members and will stand affected RDS members in good stead when faced with this decision.
Please note that this document relates to discussions between DCLG and the FBU. We shall provide further advice regarding the situation in Scotland, Wales and Northern Ireland but we expect the same process to be followed.
The first thing that will happen is that FRAs will need to identify those people who are eligible to join retrospectively. At the same time the FBU will be distributing literature in an attempt to identify people who may be eligible to join this scheme.
The first question FBU RDS members will ask will be, "Am I eligible?"
In simple terms if you were employed as an RDS firefighter between 1 July 2000 and 5 April 2006 (wholetime retained service does not count) you are eligible and should receive information from your FRA to this effect. (You do not have to currently be a serving firefighter to be eligible to join.)
Once you have been identified you will be given the opportunity to express your interest in joining the scheme and will then be notified of the costs and benefits involved. The FBU has successfully negotiated a range of payment opportunities to maximise the number of RDS members who can join.
FRAs have been given a strict timescale for identifying eligible individuals and performing the whole options exercise prior to an individual joining the scheme (detailed below). DCLG expect that all Authorities will have concluded the process by 1 April 2015.
It is important that you read the information about the scheme carefully because there are several specific anomalies associated with the fact that it is being applied retrospectively.
For example:
• An RDS firefighter who may have left but did not qualify for an ill-health award may now be eligible for one if they join the scheme retrospectively.
• As part of the terms of the modified scheme, a time limited death grant will be available to widow(er) of those individuals employed as retained firefighters that died between 1 July 2000 and 5 April 2006 inclusive.
There are several other areas that the FBU can provide support and advice on in relation to the modified scheme.
The first step in the process involves the Authority notifying an individual that they are eligible to join.
DCLG have outlined that the options exercise timetable will be as follows:
• The enabling legislation will come into force on 1 April 2014.
• FRAs will be required to use reasonable endeavours to notify all persons eligible to join the modified scheme within 2 months of the enabling legislation coming into force.
• Eligible persons will then be required to indicate their interest in joining the scheme within 2 months of receiving notification from the FRA.
• Eligible members who have not been notified of their entitlement to join the modified scheme by the relevant FRA will have 4 months from the date that the legislation comes into force to declare their initial interest in joining the scheme.
• FRAs will be required to write to each eligible person who indicated an initial interest in joining the modified scheme, within 6 months of the date of receiving their notification.
• The eligible person will then be required to confirm to the appropriate FRA, within 6 months of receiving this information that they wish to take up membership of the scheme.
If you are eligible you should receive this notification shortly. If you believe you are eligible to join but have not received the paperwork informing you that you are eligible you should contact your Fire Authority and inform them.
The FBU will be able to provide further support and advice and will be updating members regularly on any developments.
Further details will be made available to FBU members and local officials will be provided with support to enable them to advise local RDS members about these developments.
Please make sure that you keep up-to-date with any information which may be distributed read all the information carefully.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
