"Matthews" case and second options exercise

History

Following the "Matthews" Court case, a special category of members of the Firefighters Pension Scheme 2006 was introduced in 2014. This allowed retained firefighters employed between 1 July 2000 and 5 April 2006 to join the FPS 2006 retrospectively from 1 July 2000. This was the first option exercise, which took place in 2014-2015.

Recently work has again taken place on this following the European Court of Justice's decision concerning judges. This judgement held that remedy could extend back before 7 April 2000. The UK government recognised that this judgement applied to all similar cases including retained firefighters. Consequently, all Fire and Rescue authorities are required to undertake a second options exercise.

Who is eligible?

To be eligible for the second option exercise you must have been employed as a retained firefighter on:

  • Any date between 7 April 2000 to 30 June 2000 inclusive OR
  • Any date between 7 April 2000 to 30 June 2000 inclusive plus any date between 1 July 2000 to 5 April 2006 inclusive OR
  • Any date between 1 July 2000 to 5 April 2006 inclusive and were eligible to take part of the first options exercise but were not given the opportunity to do so.

You can be a current firefighter, a firefighter who has left the service, or a firefighter who is receiving a pension.

What happens next? 

Hampshire and Isle of Wight Fire and Rescue Authority (HIWFRA) has written to all eligible members, providing details and a form to allow members who are interested in joining the Modified Fire Scheme, to request further details. This expression of interest form must be returned by 31 July 2024.

If you believe that you are eligible for the second options exercise and have not received a letter, please contact HIWFRA by email at: [email protected] or by telephone 02380 644 000

West Sussex Fire and Rescue Authority (WSFRA) has written to those individuals who it considers to be eligible providing details and a form to allow members who are interested in joining the Modified Fire Scheme to request further details. This expression of interest form should be returned by 30 June 2024.

If you believe that you are eligible for the second options exercise and have not received a letter, please contact WSFRA by email at: [email protected]

Where can I find more information?

The Local Government Association (LGA) Firefighters' website has information on the second options exercise: The second options exercise | Firefighters' Pension Scheme (fpsmember.org) (November 2023)

The Firefighters' Pension Schemes website has details of the regulations involved: Special members of FPS 2006 (fpsregs.org)

And the LGA published a Summary of the "Matthews" Memorandum of understanding and second options exercise: Summary of Matthews MoU and second options exercise (fbu.org.uk) (March 2022)