Fairer Commutation campaign

[bill.advanced]

Hi can someone please inform me why I have had the result of the judicial review GAD versus the pensions ombudsmen for several days now, yet there is still no mention of this on the FBU website. Also can anyone who has read this give their perspective as to the outcome, and to the prospects of us winning this case in the long term.

[harry]

And what is the result, Bill,?

[Nightstaffer]

As I know it Harry and advanced.bill

GAD have challenged whether the pension ombudsman had jurisdiction over the matter
It was ruled that the PO had jurisdiction
GAD appealed and that appeal was turned down, this is the latest judgement
Case was dismissed
So they might (again) Appeal to a higher court or accept the decision

So as each obstacle is met it is found in our favour
And we can be a bit more optimistic although there is no light at the end of the tunnel yet.
At the outset I thought there was no chance , now I tend towards 50/50 but with the proviso it is going ake take a long while yet

I think The decision on the pension ombudsman site is just the detail being added following on from the announcement of 13/7/12"

http://www.pensions-ombudsman.org.uk/News/

[pablo]

Youre right nightstaffer on all of your points but reading through the judgement the justice clearly states that GAD had 14days +7days to appeal to a higher court and that was from the 14th june.I cant find any info on whether they have appealed or not.

[Nightstaffer]

Thanks Pablo
Lets hope that they haven't appealed
Which could shorten the process.
I have read and reread the decision, and tried to make sense of it
Our friend Andre summarised it well on another thred.
my impression of reading the text, is that we have a good case and that it is being shown tht there hs been some negligence that meant that the figures used to calculate commutation factors were not implemented in a timely manner.
Fingers crossed , might hear some good news soon.

[1973]

I've searched the internet and can find nothing. I'm disappointed that the FBU have not given an update on this issue, either on their website, in Firefighter magazine, via letter or email, or any other way. They have just said nothing at all of late.

[pablo]

I am sure Sean said that the FBU site would be updated after the decision of the GAD v ombudsman case,well that case was decided on the 13/7/12 so why no update. Surely the FBU know if GAD has appealed or not.

[1973]

I am sure Sean said that the FBU site would be updated after the decision of the GAD v ombudsman case,well that case was decided on the 13/7/12 so why no update. Surely the FBU know if GAD has appealed or not.

What he said to me was

"I am aware of this and have put an email to officials letting them know.
What I haven’t done yet is put out a circ to all oot members as I am still waiting for the written judgement so that I can cover all the issues."

Sean

[pablo]

Thanks for that 1973.

[bill.advanced]

Thanks for the replies

Well it seems to me that the treasury had their last throw of the dice on this one, and quite honestly as a tax payer I would expect nothing less from them. But to question the remit of the pension ombudsmen in some ways shows an immense lack of respect for their neutral position, and a degree of desperation on the part of GAD. Reading between the lines it would now appear difficult for the ombudsmen not to side with us and uphold the claim, based on previous decisions made by them. But I am not counting any chickens yet. Also if GAD don't appeal, then I don't think the decision will be delayed past next year.

With regards to the FBU I am most dissapointed that they have failed to keep their members informed on this one, but I would like to qualify this by saying that as a retired firefighter I am most impressed and thankfull for their pursuance on this matter.

Anyway time will tell and at 5% intrest per annum being added to any possible payout that's better than I can get now, fingers crossed.