The Government has now launched a consultation process that proposes to make changes to the relevant legislation (England) to make necessary amendments that overcome some unintended consequences to the Firefighters’ Pension Scheme (England) Order 2006. This legislation provided the ability for the second options exercise to commence and allow the opportunity for eligible individuals to join/extend membership of the Firefighters Pension Scheme 2006 (referred to as ‘the modified scheme’) as Special Members/Pensioners.

The proposals, if agreed, would allow for the following to take place:

• • the payment of a missed pension lump sum / survivor’s missed pension payment in respect of a deceased individual who would have been entitled to a pension (or a higher pension) under Matthews remedy
  • the extension of the eligibility criteria for an ‘additional death grant’ payment, so that it is also payable in respect of those individuals who did not join (or did not get an opportunity to join) the modified scheme during the 2014 Options exercise
  • individuals who joined the modified scheme as special deferred members the option to convert relevant standard service in the 2006 Scheme to special service in the modified scheme
  • for a minor clarification to be made to an existing reference to ‘additional death grant’
  • eligible individuals with periods of ‘opted out’ service in the standard 2006 Scheme to count this towards their special service
  • the closure deadline of the 2023 Options exercise to be extended by 12 months to 31 March 2026
  • flexibility to apply new provisions beyond 31 March 2026
  • members who joined the modified scheme as special pensioner members, and who are in receipt of a ‘member initiated early payment of pension’, the ability to convert their standard service to special service

We welcome the proposals, some of which have been due to cases raised by the FRSA. The primary objective of the second options exercise must be to allow equity across all of the in-scope firefighters taking into account the passing of time and the numerous different scenarios in place when a choice is provided to join/extend membership of the scheme.

One of the key proposals is for the exercise to be extended for a further 12 months which should ensure individuals are given the opportunity to take part and exercise their right and not be unfairly disadvantaged by a deadline not of their own making and which doesn’t consider the resource and capacity issues faced by a number of FRSs across the country.

We expect the devolved administrations to follow suit and will provide a further update accordingly.