The Fire and Rescue Services Association (FRSA) welcomes the publication of the Ministerial Statement confirming that the Government will take further action to address outstanding pension inequalities affecting firefighters.

This latest development builds on the remedy introduced following the landmark McCloud and Sargeant judgments, which found that transitional protections in public service pension schemes amounted to unlawful age discrimination.

While the Public Service Pensions and Judicial Offices Act 2022 provided an important step forward giving affected members a choice between legacy and reformed pension schemes for the 2015–2022 remedy period it left a significant gap for some firefighters.

In particular, firefighters who opted out of their pension schemes as a result of that discrimination were not fully covered by the remedy. Due to technical limitations within the legislation, some members were unable to return to their original legacy schemes or buy back lost pensionable service.

The Ministerial Statement confirms that the Government now intends to correct this. By using powers within the Act, new regulations will allow eligible firefighters who opted out during the remedy period (01 April 2015 – 31 March 2022) to have that service treated as pensionable within their original legacy scheme.

What This Means for Firefighters

This is a significant and positive step for affected FRSA members:

• • • Firefighters who opted out due to discrimination will now have a route to restore lost pension benefits
    • Service between 01 April 2015 and 31 March 2022 can be reinstated as pensionable
    • Members will be able to make more informed decisions about their pension entitlements

This change moves closer to delivering a fair and complete remedy for those impacted by historic pension discrimination.

FRSA Response

The FRSA has consistently highlighted the need for a full and equitable resolution for all affected firefighters, including those who made the difficult decision to opt out of their pension schemes.

We therefore welcome this announcement as a necessary and long-overdue correction.

However, we will continue to engage with Government and stakeholders to ensure:

• • • The changes are implemented swiftly
    • Communication to affected members is clear and timely
    • No firefighter is left disadvantaged by technical or administrative barriers

Looking Ahead

The Government has confirmed that a Statutory Instrument will be brought forward as soon as parliamentary time allows. The FRSA will monitor progress closely and keep members informed of any developments.

We encourage all members who believe they may be affected to seek further information and consider their options once full details are published.

ENDS