Firefighter pension delays: Fire Brigades Union calls for government intervention

Delays in processing pensions affecting retired UK firefighters

The Fire Brigades Union has urged the UK government to intervene after delays in issuing pension statements have left some retired firefighters receiving less than they are entitled to.

According to the Fire Brigades Union, the delivery of Remediable Service Statements (RSSs) is falling behind schedule.

These documents are essential for processing changes linked to a 2018 court ruling which found that pension reforms introduced in 2015 were discriminatory.

The union said the delay means thousands of retired firefighters are being underpaid by several hundred pounds a month.

Legal background to pension changes and the McCloud ruling

In 2015, the government implemented changes to the Firefighters’ Pension Scheme, replacing it with a less generous version.

This was challenged by the Fire Brigades Union and led to a landmark Court of Appeal ruling in 2018.

The court found that the transitional arrangements were discriminatory based on age.

As a result, approximately 10,500 firefighters are eligible to transfer up to seven years of pension contributions into their original scheme.

The Fire Brigades Union stated that the process for making this change depends on the provision of a Remediable Service Statement, which outlines how the decision would affect each individual’s pension.

This statement is a prerequisite before any changes can be made.

Missed RSS deadline raises concern among retirees

The regulatory deadline for issuing the RSSs was 31 March 2025.

However, some firefighters have been informed that their scheme managers will not meet this deadline due to the complexity of some cases.

In a letter to Deputy Prime Minister Angela Rayner, Fire Brigades Union general secretary Steve Wright wrote: “Members who have already retired […] are likely currently in receipt of a pension that is far lower than the amount they are entitled to.”

Wright added: “It is disgraceful that some fire authorities are still failing to give retired firefighters what they are legally entitled to.”

Union calls for government to ensure compliance with legal obligations

The union said the government must ensure fire authorities comply with their legal obligations following the court judgment.

Mark Rowe, national officer at the Fire Brigades Union, said: “Fire authorities have a duty to act quickly, but have failed to do so. The government must now intervene.”

The union’s letter called for urgent clarification on when affected members will receive their RSSs and what actions are being taken to enforce the deadline.

The union also reminded the government that while limited extensions can be granted in individual cases, no general delay is permitted under the Public Service Pensions and Judicial Offices Act 2022.

Firefighter pension delays: Fire Brigades Union calls for government intervention: Summary

The Fire Brigades Union has called on the UK government to intervene following delays in delivering Remediable Service Statements to retired firefighters.

These documents are required for pension adjustments related to a 2018 court ruling that found earlier pension reforms were discriminatory.

The deadline for delivery of these statements was 31 March 2025.

Some firefighters have been informed that this deadline will not be met.

The union said this delay means retirees are receiving reduced pension payments.

General secretary Steve Wright and national officer Mark Rowe said fire authorities have failed in their obligations.

They urged the government to ensure that fire authorities issue the required documentation within the legal timeframe.

The union’s letter to Deputy Prime Minister Angela Rayner asked for a clear timetable and stressed the impact on members already experiencing financial loss.

The Fire Brigades Union represents around 10,500 affected firefighters eligible to adjust their pension contributions.

Firefighter pension funding: Welsh Government issues top-up grant forms for 2025-26

Welsh Government requests pension estimates from FRAs

The Welsh Government has issued a circular requesting Fire and Rescue Authorities (FRAs) in Wales to submit completed pension forms for the 2025-26 financial year.

Authorities are required to confirm or amend the pension estimates already provided and submit unaudited and audited pension fund information. The deadline for submission is 17 March 2025.

The information collected will be used to determine the final top-up grant payments for firefighter pensions. These grants cover any shortfalls between contributions made by employees and employers and the actual pension payments required.

Breakdown of top-up grant payments

The top-up grant funding is based on pension income and expenditure estimates submitted by FRAs.

For the 2025-26 financial year, FRAs will receive 80% of the estimated top-up grant requirement. The final amount will be adjusted based on actual expenditure.

The funding also includes any remaining top-up payments for the 2024-25 financial year and an adjustment for differences in unaudited and audited pension fund data from 2023-24.

If an FRA has a surplus from 2024-25, this will be deducted from its 2025-26 top-up grant.

Guidance on completing pension returns

FRAs are required to submit financial returns detailing final unaudited pension fund data for 2024-25, final audited data for 2023-24, and estimates for 2025-26 onwards.

Authorities must consider local workforce planning when estimating retirements, new entrants, and other staff movements.

The Office for Budget Responsibility (OBR) has provided planning assumptions for pensionable pay increases, with an expected rise of 2.4% in 2025-26.

Estimates must use an assumed employer contribution rate of 31%, based on the final 2020 valuation report.

Deadline and submission requirements

FRAs must submit completed pension forms (FPF1, FPF2, and FPF3) by 17 March 2025.

Forms should be returned electronically to fire@gov.wales with a signed copy included. The Welsh Government will contact FRAs separately to confirm grant calculations and proposed payments.

The circular was issued by Steffan Herdman of the Fire Services Branch at the Welsh Government.

Firefighter pension funding: Welsh Government issues top-up grant forms for 2025-26 – Summary

The Welsh Government has requested Fire and Rescue Authorities in Wales to submit pension estimates for the 2025-26 financial year. The data collected will inform the allocation of firefighter pension top-up grants.

The funding process ensures that shortfalls between pension contributions and payments are covered. FRAs will receive 80% of their estimated requirement for 2025-26, with adjustments made based on actual expenditure.

Authorities must submit unaudited and audited pension fund data for previous years and confirm or amend their estimates for the coming financial year.

The deadline for submission is 17 March 2025. Forms must be sent electronically to the Welsh Government, with signed copies included.

Fire Brigades Union appeals against pension changes in court

Fire Brigades Union takes legal action over pension scheme alterations

The Fire Brigades Union (FBU) is currently challenging alterations to public sector pensions initiated by HM Treasury in 2019.

The legal action, set against the backdrop of a three-day hearing in the Court of Appeal starting on 20 February 2024, addresses the government’s decision to pass the costs of remedying its own discrimination, as established by court rulings, onto members of public service pension schemes.

Background to the pension changes

Following the 2011 Hutton Report on public service pensions, the Public Service Pensions Act 2013 introduced a Costs Control Mechanism (CCM) to manage the expenses of public sector pensions.

This mechanism allowed for certain cost increases related to pension scheme members’ personal circumstances to be transferred to them through higher contributions or reduced benefits.

However, it excluded “employer costs” such as actuarial valuations from this calculation.

Subsequent reforms in 2015 shifted pensions to be based on career average earnings and introduced transitional protections, which were later deemed as age discriminatory by the Court of Appeal in the Sargeant and McCloud cases of 2019.

The FBU’s stance and legal challenge

The FBU’s appeal, supported by legal representation from Thompsons Solicitors LLP, contests a 2021 Treasury Direction that allows the costs of rectifying the age discrimination identified in these cases, known as the McCloud/Sargeant Remedy Cost (MSRC), to be borne by members of the new public sector pension schemes.

The union argues that this constitutes a further instance of age discrimination and misapplies the CCM and the powers of the 2013 Act.

Matt Wrack, General Secretary of the FBU, expressed his disbelief and frustration: “The FBU has shown that the 2015 pension scheme changes were age discriminatory.

“It beggars belief that the government should be able to change the rules so that the costs of remedying its own discrimination are passed onto firefighters who have already seen their pensions cut.

“Firefighters dedicate their lives to serving the public, and their work is highly demanding.

“Like all workers, they deserve pensions which reflect their commitment without being eroded by unfair cost adjustments. This appeal is a stand for justice.

“We are resolute in our fight for what is right for our members, and we will not rest until everyone has access to a decent pension.”

Richard Arthur, Head of Trade Union Law at Thompsons Solicitors LLP, further commented on the government’s actions: “It’s a well-established principle that the government can’t use its power under statute to thwart the objective of the Act – in this case, the Public Service Pensions Act 2013.

“That’s what’s happening here, as well as a second round of discrimination against firefighters.”

Implications for public sector pensions

The outcome of this legal challenge has broad implications for all public sector pension schemes and the millions of workers who are part of them.

It raises critical questions about the fairness of pension adjustments and the government’s accountability in rectifying past discriminations.

IFSJ Comment

The Fire Brigades Union’s appeal against the government’s pension scheme changes highlights a significant legal and ethical battle over public sector pensions.

This challenge underscores the complexities of rectifying past injustices while ensuring that the costs do not unfairly burden the very individuals affected by previous discriminations.

As this case progresses through the Court of Appeal, it underscores the ongoing struggle for equitable pension rights and the broader implications for public sector workers across the UK.