Age discrimination remedy
In this section
Remedy affect people who built up benefits between 1 April 2015 to 31 March 2022.
Background
An explanation
When the firefighters' pension scheme 2015 was introduced, some members of the existing schemes (firefighters' pension scheme 1992 and firefighters' pension scheme 2006 (standard and special)) were given protections so that they didn’t have to join firefighters' pension scheme 2015 straight away or at all. These protections were given to members based on their age.
Since then, it has been determined that these protections weren’t fair on all members as they were age discriminatory. ‘Remedy’ is the term used to put right these decisions and ensure that pension benefits are fair to all members.
Not everyone is affected by remedy.
Other terms you might hear
There are a few terms which you might hear about when referring to remedy:
- McCloud – this is the name of the legal case which helped determine the age discrimination. The term is used across all public sector schemes what are also affected, such as NHS, Teachers and Local Government.
- Sargeant – this is the name of the legal case that identified the age discrimination, specifically relating to the firefighters’ pension scheme.
- Age discrimination remedy – this is a general reference to the age discrimination and how this would be remedied (i.e. put right).
Am I eligible?
The criteria
Not all members are eligible for remedy.
Members that are eligible for remedy must:
- Have been in pensionable service on or before 31 March 2012; and
- Had pensionable service between 1 April 2015 to 31 March 2022; and
- Not have a gap in service of five years or more.
Pensionable service does not have to have been in the firefighters’ pension scheme, it could also have been in another public service pension scheme.
Full details about eligibility can be found in section 1 of the PSPJOA.
What is remedy?
Selecting the right beneftis
If you are affected by remedy, you will be able to select which benefits are best for you for the ‘remedy period’.
This decision can be made when you receive your annual benefit statement, remediable service statement or at retirement and will be either:
- Firefighters' pension scheme 2015 (the reformed scheme)
- Firefighters' pension scheme 2006 (standard or special) or firefighters' pension scheme 1992 (the legacy scheme)
Affected members will be automatically ‘rolled back’ into their legacy scheme, but will still have a choice of benefits when they retire.
What is the remedy period?
The remedy period is the period of time where you can select the benefits which are best for you.
It covers 1 April 2015 to 31 March 2022.
The remedy only applies to this 7-year period as this is the period where the discriminatory protections were applied. Therefore, any benefits built up before 1 April 2015 or after 1 April 2022 are not affected.
What do I need to do?
Steps to take
Your remediable service statement will include instructions about what actions you need to take.
This may include when you need to make a decision and any options relating to contingent decisions and contribution adjustments if you are affected by these.
Watch out for scams
Be cautious
If you are contacted by an organisation offering to help you claim your remedy benefits, you should be careful and check the help is genuine.
These organisations often ask for a fee for their services. Your pensions administrator will not request a fee for providing information about remedy. You do not need to go through a third party to claim your benefits and you will be given all the information you need to make your remedy option.
If you are still unsure if an offer is genuine or have any concerns over a potential scam, please contact your administrator for clarification.