On the go: The Fire Brigades Union has received more than 750 ‘immediate detriment’ claims since June 6, despite being told by the Fire Chiefs’ Council that it should hold off applying immediate detriment until legislation is introduced next year.
Per an FBU circular sent on August 11, immediate detriment cases refer to members “who have already retired and who have been paid their pensions and lump sums under the terms of the 2015 Firefighters’ Pension Scheme when they should have been paid under the 1992 Scheme terms".
“It also applies to members who will retire in the near future and who are likely to find themselves in the same position,” the circular explained.
The FBU had struck an agreement with the Local Government Association that would enable it to process immediate detriment claims, which often arise in relation to the McCloud remedy, before legislation is introduced in October 2023.
The government itself opposed that decision, and it was revealed in June that it had pressured the Staffordshire Fire and Rescue Service into pausing its McCloud payments.
The FBU announced it would take legal action against the government after an anonymous letter was received from the FCC, which the FBU characterised as an attempt “to block firefighters receiving the pensions they are legally entitled to”.
The union said it will be registering immediate detriment claims with the courts on behalf of an estimated 1,400 people it said had been denied their full pension.
Meanwhile, the Pensions Ombudsman confirmed in July that schemes were free to consider making immediate detriment payments to members affected by McCloud, though advised that schemes should contact the Ombudsman where they receive a large number of similar or grouped complaints that have a reasonable chance of being referred to the Ombudsman’s office.
In its August 11 circular, the FBU confirmed 750 cases had been registered in little over a month since its prior circular informing members how to go about it.
The claims are being drafted by a legal team attached to the FBU, and “the work is well advanced,” the circular said.
“Members will appreciate that logistically this is a large task which requires the drafting of separate and individual pleadings for each claim,” it explained.
It added that a number of claims related to members who had retired under the ‘rule of 75’ in the 1992 scheme, which stipulated that an ordinary pension is payable to an active firefighter once they reach the age of 50 and have at least 25 years’ service.
“These claims are a lot easier to issue and are being issued,” it said.
“Discussions with the [LGA] on a revised Immediate Detriment Memorandum of Understanding have reopened and an agreement is likely; the issue will then become getting each [Fire and Rescue Authority] to follow it,” it continued, adding: “we will continue to issue claims against those that don’t”.
