Immediate Detriment Framework - HIWFRA only
On 8 October 2021, the FBU and LGA published a joint statement to announce the agreement of a Memorandum of Understanding and framework for managing Immediate Detriment cases arising from the McCloud/Sargeant age discrimination judgement. As a result of this announcement each Fire Authority is required to make a formal decision about whether to adopt the framework or not.
On 16 November 2021, the Hampshire and Isle of Wight Fire and Rescue Authority (HIWFRA) made their formal decision to adopt the Immediate Detriment Framework.
Only cases that meet the specified criteria can be accepted under the Immediate Detriment Framework.
Criteria
- You must have pensionable service within the 2015 Fire Pension Scheme (FPS) in the period beginning 1 April 2015 and ending 31 March 2022 (the remedy period); and
- you must have been on 31 March 2012 or any earlier day, in service in any employment or office that is pensionable service under a Public Sector legacy Scheme; and
- you must not have a gap in pensionable service of more than 5 years; and
- you must be either a Category One or a Category Two member as defined below
Category One: Members who at the date of adoption of the framework, were employed by HIWFRA and;
a) Become eligible to retire (for any reason, including ill health) and draw any pension and/or lump sum benefit and want to have all their benefits paid from their legacy Scheme (not the 2015 Scheme); or
b) Do not qualify for a lower tier or higher tier ill health pension under the 2015 Scheme and therefore left without an immediately payable pension, but would be entitled to such a pension under their legacy Scheme.
Category Two: Members who at the date of adoption of the framework;
a) Have already retired (for any reason, including ill health) and who are receiving a pension under the 2015 Scheme, and who wish to be treated as having retired as a member of their legacy Scheme; or
b) Have left the HIWFRA and did not qualify for a lower tier or higher tier ill health pension under the 2015 Scheme, and are therefore left without a pension in payment but would be entitled to such a pension under the legacy Scheme.
How do I apply?
If you believe that you meet the criteria, then you will need to complete the HIWFRA application form and send it to HIWFRA. Details of where to email your completed form are on the application form.
Please do not send your form to Hampshire Pension Services as we are not dealing with the applications.
What happens next?
HIWFRA will send you an acknowledgement and confirmation of whether your case has been accepted under the Immediate Detriment Framework or not within 14 days of receipt of your application.
If your application is accepted then your case details will be passed to Hampshire Pension Services and within 62 days of receipt of your application form, we will provide you with your Immediate Detriment pack which will contain details of pension benefits, employee pension contributions and Annual Allowance information for both your legacy Scheme and the 2015 Scheme. There will also be a record of agreed compensation which you will be required to sign and return to make your irrevocable election.
You should be aware that by choosing to have benefits paid from your legacy Scheme under the Immediate Detriment Framework that this will not be the final position and that there will be outstanding issues (e.g., tax relief and interest on pension contributions) which will not be fully resolved until the appropriate remedying legislation is in place, this will be no later than 1 October 2023.