Page 9 - Federation magazine: April / May 2017
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achieving a legitimate aim and were protection – by which officers could miss out judges’ ET ruling was against the transitional
therefore discriminatory in protecting some on being able to remain in the old schemes protections put in place, stating that those
members too well. by just one day of service or by being born given the protections had been treated
just one day later. This allows those officers better than could be justified based on the
The subsequent ET ruling in the Fire to benefit from continued membership of evidence.
Brigades Union (FBU) case ruled in their case their earlier scheme for longer. How many colleagues are protected/
that while the transitional arrangements in partially or not protected?
the firefighters’ pensions were More than half of members were able to In total, more than 67,000 of our 121,000
discriminatory they were justifiable as they either have full protection or tapered members had either full protection (more
represented a proportionate means of protection, while previously accrued rights than 49,000) or tapered protection ( just
achieving a legitimate aim. were also protected for all officers with over 18,000).
Did you influence the scheme at all? Police Pension Scheme (PPS) 1987 and/or How many members were affected, to a
Yes. We ensured that: New Police Pension Scheme (NPPS) 2006 detrimental effect, by the pension changes
l Officers have the ability to retire at 55 service. introduced by this Government?
It is not possible to pinpoint this as not all of
from the CARE scheme (with their Unprotected members and those with those officers in the new scheme will suffer
pension actuarially reduced from age tapered protection who transfer to, and an adverse effect to their future pension
60). remain members of, the new scheme also accrual. Some people in the new scheme
l There was an extension of those covered benefit from the application of ‘final final’ might actually be better off.
by full transitional protections and also salary in the calculation of their accrued What happens next?
those within four years of full protection pension and members who were in the PPS We will continue to monitor the situation
received tapered protection, therefore 1987 also benefit from weighted accrual. with public service pensions and await
avoiding a ‘cliff edge’ scenario. This If Federation legal advice is wrong, will you further information on both the appeals
enabled more members to be covered fund a legal challenge for all officers? which have been lodged. We have chosen
than was the case in the Home No. The legal advice is just that – advice not to challenge because we believe that
Secretary’s initial proposal. – and, while we have taken that on board, transitional protections are a good thing.
PFEW was in favour of transitional we do not believe that a challenge based on
protections. Part of these protections have transitional protections is in the best
ensured that there is tapered protection for interests of most members. The debate is
some of those officers in the previous not confined to a legal argument, with a
pension schemes, to avoid a ‘cliff edge’ of number of factors to be considered. The
2013 2014-15 2016-17
April 2013 – The Public Service October 2014 - February 2015 – The August 2016 – The PFEW issues FAQs
Pensions Act 2013 is enacted. Section draft Police Pensions Regulations 2015 on the purchase of additional bene?ts.
18 prevents further pension being are issued for consultation with the January 2017 – An Employment
earned in the Police Pension Scheme PABEW. PFEW continues to seek legal Tribunal brought by judges ruled that
1987 or the New Police Pension advice. the Government’s transitional pension
Scheme 2006 from 1 April 2015, other March 2015 – The Police Pensions arrangements for judges amount to
than in accordance with transitional Regulations 2015 are laid before unlawful age, sex and race
arrangements. It also bypasses the Parliament, 27 days before they were discrimination because they could not
‘no worsening’ provisions of the Police implemented. PFEW issues FAQs on be regarded as being a proportionate
Pensions Act 1976 by enabling the the new scheme. means of achieving a legitimate aim.
2015 CARE scheme to be created April 2015 – Of?cers without The PFEW details the possible
under new primary legislation, which transitional protections are of?cially implications for police pensions, and
the Government was entitled to do. moved over to the 2015 CARE Scheme. the differences between the judges’
September 2013 – PFEW continues to Of?cers with tapered protection are and police schemes.
receive legal advice around the moved over when their tapered February 2017 – The Fire Brigades
possibilities of challenging the protection ends. The PFEW continued Union’s (FBU) Employment Tribunal
proposals. to receive legal advice around any ruling is handed down and the ruling
November 2013 – Home Of?ce possible challenges. is in favour of the Government, stating
Circular 14/2013 gives further details August 2015 – FAQs are issued by the that the discrimination inherent in the
of the new scheme and the Federation on the 2015 CARE Scheme transitional arrangements used in this
transitional arrangements. The PFEW legal position. scheme was justi?able on the grounds
issues FAQs. October 2015 – General secretary that they were a proportionate means
Andy Fittes answers a range of of achieving a legitimate aim. The FBU
questions on the 2015 CARE Scheme announces it will appeal the ruling.
in a video FAQ. A group of of?cers March 2017 – The Ministry of Justice
instruct lawyers Leigh Day and form announces its intention to appeal
the Pensions Challenge Group. The against the ruling in the judges’
grounds for their challenge to the Employment Tribunal. The PFEW
transitional protections goes against issues further FAQs relating to police
the legal advice the PFEW has pensions. These are summarised
received. A response is issued above and published in full at
explaining why the PFEW is not westmidspolfed.com
backing this challenge.
www.westmidspolfed.com federation April/May 2017 09
