All Members Circular - Executive Council Meeting 12 February : Discussion on Pensions

TO:    ALL MEMBERS

Dear Brother/Sister

EXECUTIVE COUNCIL MEETING - 12 FEBRUARY : DISCUSSIONS ON PENSIONS

The Executive Council met on 12 February to hear a report of the latest discussions in relation to pensions. This week, there have been several important meetings. There are also further regular meetings taking place addressing specific aspects of pensions’ matters. These include:

1.    A Case Conference with our legal advisors and senior counsel.
 
2.    A further meeting with Employers regarding fitness and capability (No Job No Pension).

3.    A meeting with Brandon Lewis and Team.

1.    Case Conference with our legal advisors and senior counsel (Anthony White QC)

    The union has made clear that we will challenge any aspect of the Government attack on pensions by legal means, if we are advised that there is a realistic possibility of a challenge. Throughout the past three years we have taken advice on various aspects of the attack on pensions.

    The Executive Council agreed to a thorough review of all aspects of the pension attacks, with additional legal support and advice.  The Case Conference was set up as a result.  This reviewed all the various areas of concern, including the points and arguments raised by members at local meetings.  As a result, this was a wide ranging discussion.  Members will appreciate that it is not good practice to publish details of legal advice received.  Executive Council members will therefore report back on these issues, as appropriate, to regional and sectional committees.

    The Case Conference also addressed the issue of No Job No Pension and the DCLG suggestion that this can be addressed through the National Framework.  Advice was received on this which is now under discussion with the DCLG Minister and his advisors.

2.    A further meeting with Employers regarding fitness and capability (No Job No Pension)

No Job No Pension is a key aspect of our campaign and is an area where the DCLG – including the DCLG Minister – have said they wish to address our concerns.  The Employers have a role in this area since it would be individual employers who would potentially dismiss members (i.e. not Government).  Discussions have been underway on 11 points of principle, similar to those discussed in Scotland.  There are now some very specific areas of discussion which each side has agreed to take away and consider.  We are conscious in regard to these issues that a key aim is to provide robust protection for members and we continue to take detailed legal advice on various aspects of this discussion.

Most importantly, one key principle has not been resolved since it is largely reliant on other discussions with Government, about how the No Job No Pension matter should be addressed centrally.

Further meetings are being arranged to try to conclude this area of discussion as soon as possible.

3.    A meeting with Brandon Lewis and Team

In this discussion, the FBU responded to suggestion that National Framework and related DCLG guidance could provide adequate protection for a firefighter facing dismissal under capability should they suffer an age-related decline in fitness – taking them below minimum fitness standards.  You will be aware of the stance the union has taken on this and the need for robust protection and a clear mechanism setting out how members would be protected.

It was agreed that two teams, including legal advisors should meet to discuss the implications of this area of discussion.  The next meeting on this is already scheduled for this week.

Discussion continues on pension design for the proposed 2015 scheme. In a welcome step, the DCLG have invested time and money into examining various options.  However, there is currently no alternative proposal.

The issue of protection was discussed.   The DCLG have responded to our position by arguing that same/similar pension changes have taken place in all public sector schemes and that proportionally more firefighters are covered by protection than workers in any other scheme – including the police.

The FBU raised concerns regarding contributions.  The FBU’s response to the consultation has been submitted.  The union also highlighted perverse positions in Scotland and Wales where increases will not remotely raise the money claimed and may lose money very quickly should scheme members choose to opt out.

Discussion also took place around the public consultation on the rules for the 2015 scheme.

The union explained to the Minister the frustrations of FBU members and of the Executive Council at the current failure to provide any alternative proposals.

The Executive Council has agreed that negotiators should continue to explore every possibility of seeking improvements to the current position.  This may mean that revised proposals emerge from Central Government.   The Executive Council expects these to be clear and in writing and presented as quickly as possible.

The Executive Council is due to meet again on Thursday 27 February.

Best wishes.

Yours fraternally

 

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