Agenda item

Paper attached.

RECEIVED paper summarising current pension matters both locally and nationally which required input from the Service. In particular, the paper addressed:

Pension Surveys and Annual Returns

WYPF had submitted the annual return to the Pension Regulator by the deadline of 15 December 2020.

Pension Communications

A communication on the government consultation on the proposed response to the discrimination issues identified in the McCloud/Sargeant case had been issued to staff on 4 February 2021. The LGA was in the process of creating a central repository for Frequently Asked Questions (FAQs) on this issue.

Pension Projects (Transition Protection Judgement; O’Brien v Ministry of Justice; Fixed-term contracts and eligibility to join the Firefighters’ Pensions Schemes; Public Sector Exit Payments Regulations)

The paper set out key points from the Government response to the consultation on proposals to remove the discrimination identified in the McCloud/Sargeant case. The LGA would be working with the relevant government departments to review the implications of the response and to support fire and rescue authorities with this issue (including with training and Member communications). While the Home Office had issued informal guidance on treatment of immediate detriment cases, this was far from definitive and the LGA was seeking additional input from the Treasury and the Home Office. Additionally, fire and rescue authorities would be seeking, collectively, legal advice on addressing immediate detriment cases. It was noted that the FBU had commenced legal action with a view to effecting immediate payments for retired members. The outcomes of these could impact progression of the immediate detriment remedy.

MP commented that this Authority was keen to implement the remedy as soon as possible but required assurance that it would be doing so in a legally compliant way, avoiding any unauthorised payment ramifications. There were a number of significant issues to be addressed (including accurate comparisons of benefits between the two schemes; and personal taxation implications). The Authority was supportive of lobbying to secure the most expeditious resolution to these issues.

O’Brien v Ministry of Justice was now referred to by the Scheme Advisory Board (SAB) as the Special Members of the FPS 2006 second options exercise. Further information, together with an information note, had been provided by the LGA.

Following attendance at an SAB meeting on 10 December 2020, it had been confirmed that temporary appointments (including fixed term contracts) were not pensionable. SAB was intending to issue an advice note, setting out the legal position, for use by fire and rescue authorities but no timeline had been indicated for this.

The Public Sector Exit Cap Regulations had been revoked by the Government after a review found implementation could have “unintended consequences”.

Reporting Breaches of Law

There had been no breaches to report since last meeting

Internal Dispute Resolution Procedure (IDRP)

There had been no new complaints under the Procedure since the last Board meeting.

Pension Administrator Quality of Service

The Service continued to have an excellent working relationship with WYPF, with both parties seeking to improve the arrangements in place.

(SEE ALSO NOTE LPB/21/3 ABOVE)