Volume 14 – 22nd December 2015. |
This Volume at a Glance : • The Pensions Regulator; • Disabled FSV~RRB a Challenges TPR to Engage; • Commutation Saga ; • Loss of Amenity and Interest Rates; • Statute to Steal or the so called ‘18-20 Club’; • Further media comment; • The FBU Representation- OOT Members; |
The Pensions Regulator |
Disabled FSV~RRB challenges TPR to Engage |
Disabled FSV~RRB has now placed his formal Complaint before TPR and other government agencies and TPR have confirmed that they will investigate his Complaint and one hopes their findings and the punitive action they intend to take against the LFRS/LCC~YPS is reported back to him both promptly and in transparent detail because transparency will be expected in this public matter affecting a public pension scheme. A deplorable issue which will be the subject of much scrutiny by Firefighters both present and past if confidence is to be created and inspired by the appropriate actions of TPR using this as a test case and an indicator for all FSVs/Firefighters. The FSVs/Firefighters will expect and accept nothing less than the Justice they have long been deliberately denied. To see Disabled FSV~RRB response to the Clerk to the Lancashire CFA Go Here. |
Commutation Saga |
This Commutation saga stumbles to a conclusion and the following correspondence(amended slightly for readability purposes) will surely give some idea of how ‘enthusiastic’ this government, its departments, and its agents the Fire Authorities are to bring it to a prompt and decent conclusion. Appended are typical responses to FSVs enquiries… “Thank you for your recent enquiry regarding the revised Commutation Factors for those who retired in receipt of a pension from the 1992 scheme between 1st December 2001 and 21st August 2006 inclusive. The final version of the calculator has been released by GAD. We are currently working through the Guidance that have been issued in order for us to calculate the payments due to members who’s pension became payable between the above dates. We have been instructed by GAD that completed calculation results should be sent to them before any payments are made so they can check that different computer systems do not alter the calculations functionality. Also they have informed us that there will be a need for individuals to sign a discharge before payment can be made which GAD will be providing further advice on in due course. Unfortunately we are still not in a position to supply you with any figures or any time frame when payments will be made. We are sorry we cannot be of any further assistance at present. +++++++++++++++ This at the 1st December 2015: +++++++++++++++ “Bit of a long post this but I have copied in full, the e-mails I have had with LPEFA and Government Actuaries Department (GAD) ref the pension entitlement that some of us are still waiting for following the Pensions Ombudsman’s determination on persons pensions who retired in the early 2000's. I, along with others, have been waiting patiently for a cheque to come in the post.
Getting a bit fed up with waiting for what is our entitlement I contacted London Pensions Fund Authority on 11 November 2015 (11 years to the day after my retirement – how time fly's!).”.
“I retired in 2004 and understand that following the test case against the Government Actuary’s Department (GAD) I should be entitled to an enhanced payment on top of the lump sum that I received.
I received a reply from LPFA a few days later
“Dear Mr XXXX,
I therefore sent an immediate e-mail to GAD, as follows:
“I understand from the London Fire Brigade Pensions Department (see e-mail below) that they are unable to pay the underpaid pension amounts as they are “still waiting for GAD to send us the discharge form they require members to complete and they have instructed us not to pay any Lump Sums until they have supplied the Fire Authorities with the relevant funds”.
“Dear Mr XXXXX,
It's all right appreciating my patience, thought I, but life is cracking on and I fancy receiving this entitlement before I'm too old to enjoy it! So a further e-mail to LPEFA as follows:
“Following my e-mail to you dated 11 November 2015 and your reply of the 16 November 2015 (both below) I wrote to GAD and have now received their reply (also below). +++++++++++++++ Progress for one individual perhaps? +++++++++++++++
Just returned home from work where an ex-Sub O from Herts Brigade works. Merry Christmas to all around this mess table….XXXX. MB Thanks to original authors… |
Loss of Amenity and Interest Rates |
It seems that the interest on this overdue commutation is being calculated per year on the Bank base rate. If this is confirmed then of course once more this government will be short changing these individuals because it has failed to address their ‘loss of amenity’. In other words what they would/could have done with their commutation if had been paid at the correct rate at the time it was due or requested. If their ‘loss of amentity’ was addressed by the government and H.M.Treasury paying compound interest, as they should on a self enrichment debt, then this correct method of calculation would have had a major impact on the potential amounts going to be paid out to individuals. In other words hypothetically because it is compound interest the actual monies due may well be three fold or more in actual value. This will only ever be illuminated by one recipient working out and publishing their own figures of what they ought to have been paid out by applying compound interest to their ‘loss of amenity’ commutation. If the FBU have agreed to this application of annual base Bank rate of interest being applied in restitution then they have substantially short changed their members and those affected. If they have not agreed to this type of interest being applied then they must seek both legal and accountancy advice and return to the negotiating table without further delay and seek the application of the correct interest rate for the benefit of their membership and especially for those directly affected… |
Statute to Steal – So called ‘18-20 Club’ |
“PENSIONS: FBU VICTORY FOR FIREFIGHTERS WHO JOINED FPS AGED 18-20 |
Media comment |
“Many firefighters are set to receive thousands of pounds in compensation as the government admits members of the '18-20 club’ were short changed and missing two years’ worth of pension contributions, following a successful legal challenge by the FBU. The '18-20 club' describes a number of members who joined the 1992 Firefighters Pensions Scheme between the ages of 18-20 and ended up paying into the scheme for up to 32 years, only to receive a 30 year pension on retirement. This was because, unlike many other pension plans, the scheme had an accrual cap of 30 years. Now those firefighters affected are set to be compensated after the Department for Communities and Local Government conceded defeat before the start of a test case hearing, which was due to begin 7 December 2015. The concession means that serving firefighters who have accrued 30 years’ service will not have to pay any further pension contributions until they reach the age of 50 – a ‘contributions holiday’ if you will. It also means that firefighters who paid these additional contributions since 1 December 2006 and who have since retired will be paid back the contributions they made to their pension at age 48 and 49, plus interest. Matt Wrack, FBU general secretary, said: “This is a huge victory for the union and for those firefighters who were denied up to two years’ worth of a pension they had made contributions on. As we approach Christmas I know this will be welcome news for many throughout the UK. None of this would have been possible without a strong trade union that fights for its members, this was a case brought solely by the FBU on behalf of its members.” |
The FBU Representation- OOT Members |
Regrettably the FBU continue to only represent those in service consistently failing to represent those Out of Trade Members whose subscriptions they take but regularly fail to represent. Shortly the Bugler will carry an esposé on the FBU and its major failure of representation in Lancashire and nationally for OOT members in an affair involving Thompsons Solicitors and its failure of Duty of Care in a case which became known as the ‘Zumba Dancer’ directly involving Mr. Starbuck the National Pension ‘officer’. Thompsons Solicitors are also not as omnipotent as both they and the FBU would have us all believe. Let the records and correspondence speak for themselves… |