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Fire brigades union wins pension case
#21
notnarcissus, post: 420117, member: 8879 Wrote:The fire authorities settled out of court because they would have lost and the FBU allowed this because it believed that it would be precedent enough and that in itself led to the MOU. It seems those CFOs did not learn their lesson, I'm looking at LFB. It's only a matter of time before those fire authorities climb down or the FBU starts selecting who to sue next. The FBU cannot lose this legal action due to the transition arrangements implemented between 1st April 2015 til 31st March 2022 have already been deemed age discriminatory (20th Dec 2018) and are, therefore, illegal. Any Judge hearing these cases will not care about tax issues or whether the Government have legislated or not, the transition arrangements are illegal and must be remedied.
As usual NN I bow to your better knowledge on current matters. But having read through the MOU it looks weak in legal terms. Also I must apologise I thought that the fire brigades union had won this in court, I should have known it was settled out of court. I just hope that Spartacus, Chris and all the others get what they are due ASAP.
We all have opinions, thank god they are not all the same, or there would be no debate.
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#22
bill.advanced, post: 420118, member: 10308 Wrote:As usual NN I bow to your better knowledge on current matters. But having read through the MOU it looks weak in legal terms. Also I must apologise I thought that the fire brigades union had won this in court, I should have known it was settled out of court. I just hope that Spartacus, Chris and all the others get what they are due ASAP.

It’s not about the legal status of the MOU, it’s more to do with the willingness of authorities to settle out of court which then led to the MOU. Any further legal action will result in losses in court for the fire authorities.
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#23
As I understand it, the MOU in itself has no legal standing but it is an agreement between the Fire Authorities and the FBU on a way forward. However, the Government have continued to find ways to delay and confuse the issue but "legally" they don't pay the pensions.

A Fire Authority can still "choose" to process the remedy and cases of immediate detriment but the wrangling between the Home Office and Treasury regarding "particular complexities" has left them feeling reluctant to do so as any "risks" may not be underwritten by the Government.

Ironically, before all this nonsense, it was all relatively straightforward...you paid your contributions, the employer pretended to pay theirs and in the end, you got a final salary pension worth 40/60th's with the ability to commute 25% as a lump sum...nice and easy.

Now, this cluster£u(k, has led all manner of individual calculations to be made regarding contribution rates, the tax relief that was applied to contributions, unauthorised payments for tax and many more. A quick fag packet calculation, based on my own case and final salary shows, that between 2015, when I was placed in the "new" scheme, and when I retired I paid:
  • £4774 less in contributions than someone who was "fully protected."
  • £1001 more in tax.
  • have a nett liability to the Government of £3773.
This shortfall has cost me £30,000 in lump sum and almost £5000 per year less pension for the next 17/8 years until my deferred pension is payable.

The even bigger irony is that my "immediate detriment" results in paying less tax each month... increasing the burden of meeting these pension costs from general taxation and reducing my spending power and the resultant indirect taxation.

Of course, this calculation doesn't factor in the pay increases over this time, changes to contribution rates for protected members and so the actual amount "owed" should be less. However, I believe that Fire Authorities, through the Fire Pension Advisory Board, have collaborated to develop software that can provide more accurate calculations.
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#24
I have not said the MOU has any legal standing, I said that the out of court settlements led to the MOU. Any further court cases will be won, in court. It's ridiculous to suggest the FBU will do nothing for the 18 months between the 1st April 2022 and October 2023. It is highly probable that the FBU will make its next move before the end of March 2022.
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#25
It’s as if I’ve been paying attention.
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#26
Meanwhile, my neighbour who is a copper is about to get a cash payment for hurt feelings, 3.5k he said and it is on its way.
Fbu, been very quiet
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#27
Mr Godfrey, post: 420126, member: 13518 Wrote:Meanwhile, my neighbour who is a copper is about to get a cash payment for hurt feelings, 3.5k he said and it is on its way.
Fbu, been very quiet

Hearing to sort that is in October this year.

We fell behind the cops due to the death of a Judge involved in one of our ET hearings.

You're welcome.
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