Age Discrimination Remedy - Contingent Decisions

A Contingent Decision (CD) is a decision taken by a member, relating to their membership of the Firefighters’ Pension Scheme (FPS), that would have been different had it not been for the discrimination identified by the courts.

The decision will relate to a member's membership of the Firefighters’ Pension Scheme (FPS) during the Remedy Period (1 April 2015 to 31 March 2022).

There are three categories of Contingent Decision in the FPS for which specific provision has been made:

1. Opt-Outs: A Member who would not have opted-out if they had been allowed to remain in the Legacy Scheme (FPS 1992/FPS 2006) beyond their transition date or if protected Members had been allowed to join the 2015 Reformed Scheme from 1 April 2015.
2. Additional Service: Members argue they would have purchased (more) additional service if they were in the Legacy Scheme.
3. Transfers: Members chose to transfer (in or out) and now wish to revisit the decision, or they chose not to transfer and now wish to do so – Guidance on this topic will be provided in due course.

Where a member makes a contingent decision, there will need to be an adjustment to your benefits, which may involve you paying extra contributions.

The member guidance document sets out the general position about the process for Contingent Decisions including high level timeframes, evidence requirements, scheme manager decisions, the Contingent Decision Remediable Service Statement (CD-RSS), and elections.


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