On this page you’ll find Remedy Information for both the Firefighters’ Pensions Schemes and the Local Government Pension Scheme.
Firefighters’ Pension Scheme
Introduction
In April 2015, a new pension scheme (called FPS 2015) was introduced. As part of the roll out of the new scheme, some members were given ‘protection’ and remained in their legacy scheme for a set period of time after April 2015.
After a legal challenge by the Fire Brigades Union (FBU) on behalf of FPS members, the courts determined that these protections were age discriminatory and not fair to all members of the pension scheme i.e. younger members in the scheme were missing out on additional years of benefits from the original pension schemes.
In order to remedy age discriminatory treatment across public sector schemes by removing the discriminatory treatment while protecting members who may have been better off in the reformed schemes, the changes were introduced from 1 October 2023 aim to give all members the same choice of benefits for the remedy period (1 April 2015 to 31 March 2022). The process to remove the age discrimination is called McCloud/Sargeant Remedy. In Fire we use the term Sargeant Remedy.
Not all members are affected by remedy. Members that are eligible to make choices for the remedy period 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 5 years or more (known as a disqualifying break).
Pensionable service does not have to have been in the firefighters’ pension scheme, it could also have been in another relevant public service pension scheme i.e. NHS, Teachers or Local Government.
Active and deferred members
If you are in scope for Remedy, you will be able to choose whether you want to receive your former legacy scheme pension (FPS 1992/FPS 2006 Modified/FPS 2006 Standard) or new reformed scheme (FPS 2015) pension for the period 1 April 2015 to 31 March 2022 at the point you retire. This is called Deferred Choice Underpin.
Remediable Service Statement (a supplement to Annual Benefit Statement) will include a comparison of the two sets of benefits for the period from 1 April 2015 to 31 March 2022 (known as the remedy period).
You do not need to make a choice straight away, you will only make a choice at retirement, but you will need to receive an RSS statement on an annual basis to remind you what your benefits will look like at retirement.
As a deferred member the ABS-RSS will provide you with details of your benefits calculated under your legacy scheme (FPS 1992, FPS 2006 or FPS 2006 Modified) as at your date of leaving.
Pensioner members
If you are in scope for Remedy i.e. retired any time between 1 April 2015 and 31 March 2022 and any period prior to 1 October 2023 you are in Immediate Choice category and will be issued Immediate Choice Remediable Service Statements (IC-RSS) where you will be given two sets of calculations for your legacy scheme (FPS 1992, FPS 2006) and reformed scheme (FPS 2015) for the remedy period 1 April 2015 to 31 March 2022.
The Firefighters’ Pension Schemes Member website has been developed to give scheme members information about the benefits and options available to them.
The website contains a lot of Frequently Asked Questions as well as specific member remedy section and other useful information. The content to help explain remedy to members is being updated in line with those changes when they happen. You can find out more about these changes in the News section.
2024 Annual Benefit Statements and Remediable Service Statements (ABS-RSS)
The production of the statements has been delayed because WYPF’s administration system has needed significant reprogramming to comply with the legislative changes. Due to unforeseen technical difficulties with this upgrade, it has not been possible to produce the annual and remediable statements by the deadline of 31 March 2025.
The revised relevant date by which you can expect to be in receipt of your RSS is 30/06/2025.
NYFRS fully acknowledges the importance of adhering to this deadline and the potential disruption this delay may cause to members. Please be assured that this matter is being treated with the highest priority, and every effort is being made to ensure that the statements are completed accurately and in compliance with all requirements and issued as promptly as possible. Updates will be provided as soon as the statements are ready for release. West Yorkshire Pension Fund administrators are aiming to issue all statements by 30 June 2025.
Current retirements are unaffected and continue to be processed as normal.
We wrote to all remedy members about the RSS delay.
NYFRS fully acknowledges the importance of adhering to this deadline and the potential disruption this delay may cause to members. Please be assured that this matter is being treated with the highest priority, and every effort is being made to ensure that the statements are completed accurately and in compliance with all requirements and issued as promptly as possible. Updates will be provided as soon as the statements are ready for release. West Yorkshire Pension Fund administrators are aiming to issue all statements by 30 June 2025.
We understand that this will be disappointing news, therefore please accept our sincere apologies for this delay. We will continue to work closely with WYPF to issue all outstanding ABS-RSS as swiftly as possible.
Please check your pension account with West Yorkshire Pension Fund for any address changes as well as informing the payroll team of any changes made either directly or on My View payslips platform if you are an active employee. It is important we have the correct details if we need to contact you in the near future.
Communication
To aid members with understanding of remedy and their individual Remediable Service Statement (RSS), some specific communications were published on Latest news & announcements | Firefighters’ Pension Scheme.
- Factsheet on Contributions Adjustment released on 5 April 2024
- Remedy Frequently Asked Questions factsheet
- Factsheets are going to be added for Age Discrimination Remedy Annual Benefit Statement Remediable Service Statement available on FPS website.
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:
- 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.
- Additional Service: Members argue they would have purchased (more) additional service if they were in the Legacy Scheme.
- 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 more information including the claim form can be found on the FPS website
Local Government Pension Scheme Information (For the attention of Control Room Staff and Support Staff)
When the Government reformed public service pension schemes in 2014 and 2015, they introduced protections for older members. In December 2018, the Court of Appeal ruled that younger members of the judges’ and firefighters’ pension schemes had been discriminated against because the protections did not apply to them.
This ruling is called the McCloud judgment, after a member of the Judicial Pension Scheme involved in the case. Because of the ruling, all public service pension schemes that provided protection, including the LGPS, have been changed.
The changes are called the McCloud remedy. They remove the age discrimination found in the McCloud court case.
Will it change anything?
In 2014, the LGPS changed from a final salary scheme (a pension based on your pay when you leave) to a career average scheme (a pension which builds up based on what you earn each year). Older members who were closer to retirement were protected from the changes. When a protected member took their pension, the pension from the career average scheme was compared with the pension that would have built up in the final salary scheme. The member received the higher amount. This protection is called the underpin.
To remove the McCloud age discrimination, qualifying younger members will now receive underpin protection too. Underpin protection only applies to pensions built up in the remedy period, between 1 April 2014 and 31 March 2022. Underpin protection stopped earlier if you left the Scheme or reached your final salary normal retirement age (usually 65) before 31 March 2022.
From 1 April 2022, there is no underpin protection. Pensions built up after this date are based on the career average scheme only.
Further Information is contained within the LGPS McCloud Factsheet (003)
Useful Links
The Firefighters’ Pension Schemes Member website
Local Government Association Bulletins
West Yorkshire Pension Fund Pension Account
If you are/were employed in a support role or fire control, then you will be a member of the Local Government Pension Scheme. Further information on this pension scheme can be found on the Local Government Pension Fund Website
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