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Compensation

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The changes introduced by remedy are complicated and as a result, some members might feel as they have suffered a loss which they would like compensation for. 

Types of compensationAdded pension compensationMaking a claimAppealsExclusions

Types of compensation

If something hasn't gone right

There are two types of compensation claim:

  • Automatic
  • Non-automatic.

Automatic claims
Automatic compensation claims will be paid without the need for completing a compensation claim form. These claims can be paid at the earliest opportunity when all the relevant information is available.

Non-automatic claims
There is no definitive list for non-automatic claims. All claims must be directly related to the non-discrimination rule; the application of remedy; or a part 4 tax loss. 

Added pension compensation

If you had added pension

If you made added pension contributions to the firefighters’ pension scheme 2015 during the remedy period, and then make a choice to receive benefits from one of the legacy schemes instead (firefighters’ pension scheme  2006 (standard or special) or firefighters' pension scheme 1992), your contributions would be returned to you. 

When will you receive your added pension contributions?
Your added pension contributions will be automatically returned to you in the form of a compensation payment. Your fire and rescue authority will give you all the details including a breakdown of the calculations.

When you receive this information, you will need to complete and return the enclosed form. 

How much will you receive?
The payment would be made from three elements: 

  • The amount of added pension contributions you made
  • The tax relief you received when you initially paid the contributions
  • Interest 

What happens to the added pension?
The added pension that you were building up would be cancelled.

Making a claim

How to claim

Appeals

If something doesn't go right

If your compensation claim is not approved, you will be provided with details of how to raise a dispute through the Internal Dispute Resolution Procedure (IDRP).

This is a formal process to appeal the decision. If you aren’t happy with the result you also have the right to appeal to the Pensions Ombudsman.

Exclusions

What's not included?

The following cannot be claimed for:

  • Professional advice or services that could have been provided by the scheme manager.
  • Where compensation has already been paid for the loss in question (e.g. pursuant to a court order).
  • Where compensation has been used to reduce an amount owed by the member.
  • An unauthorised payment tax charge on interest for arrears of pension or arrears of lump sum for an immediate choice member.
  • An unauthorised payment tax charge on the arrears of lump sum due for an immediate choice member.
  • Indirect or hypothetical financial loss because of an employment decision (e.g. taken retirement earlier).
  • An immediate choice member who is a taper protected member where either of their choices for remedy benefits results in a lower set of benefits than those in payment.
  • Legal services fees incurred by a member in the case of litigation.


There may be other cases where the scheme manager will not accept the compensation claim, but the reasons for this will be explained to you and you will be able to raise an appeal if you disagree with the decision.