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Contingent decisions

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Members affected by the remedy may have made choices about their pension which they would have made differently had it not been for the pension reforms. They may submit a contingent decision claim in certain circumstances to rectify this.

 

What is a contingent decision?What types of decisions can be changed?What do you need to do?Important things to knowFirefighters’ Pension Scheme 1992 members

What is a contingent decision?

A Contingent Decision 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 discrimination occurred during the period 1 April 2015 to 31 March 2022 (known as the remedy period). 

You can find more information about the age discrimination case as Age Discrimination Remedy.

If accepted, there will need to be an adjustment to your benefits, which will involve you paying extra contributions.

What types of decisions can be changed?

There are two main types:

1. Opting out of the pension

You may be able to reverse your decision to opt-out of the pension scheme if:

  • You opted out between 12 March 2012 and 28 February 2022, and
  • You opted out because of the pension reforms introduced in April 2015, including the move to a career average scheme and the protections that applied to certain members of the Legacy schemes (FPS 1992 and FPS 2006).  

Please note:

  • Only opted-out service in the remedy period can be reinstated.

2. Buying additional service

You may be able to make a claim if:

  • You would have chosen to buy additional pension service (for example, added years),
  • You did not do so because of the pension reforms

Whether you are eligible will depend on the rules of your pension scheme. You must also have met the scheme's requirements for buying additional pension service at the time.

What do you need to do?

To make a contingent decision claim, you will need to complete a contingent decision claim form.

You can download the from from the Resources section and return your completed form to your Fire and Rescue Authority. 

You may also need to provide supporting evidence to help your FRA assess your claim.

For more information about the claims process, including any important deadlines, please read the Contingent Decision Factsheet. 

 

Important things to know

  • You can submit a claim before or after you receive your Remediable Service Statement.
  • We recommend submitting your claim at least 6 months before you retire.
  • If your claim is accepted, you will need to pay the pension contributions that would have been due for the reinstated service.
  • Interest will be added to these contributions.
  • Your Fire and Rescue Authority will explain the payment options available to you.

Firefighters’ Pension Scheme 1992 members

Some members who opted out during the remedy period and were originally members of the FPS 1992 may be affected by an issue in the current regulations.

This means that some members cannot currently have their opted-out service reinstated in the FPS 1992. As a result, they may not receive the full remedy they are entitled to.

The government has confirmed that it plans to change the regulations to address this issue. Once the regulations are updated, eligible members will be able to treat opted-out service during the remedy period as pensionable service in the FPS 1992.

The government intends to consult on these changes shortly and introduce new regulations as soon as possible.

If you think you may be affected, please contact your Fire and Rescue Authority for information about the next steps.