Dear Scheme Members,
I am pleased to say that the pause in the contingent decision process necessitated by the withdrawal of LGA guidance has been brief, as the LGA has now reissued their guidance. This means we can restart our process of considering contingent decisions, and we will be working hard to address the backlog of submissions we were not able to consider while the guidance was withdrawn.
Because of the delay caused by this withdrawal, we will take longer than the two months initially promised to consider some applications but are moving as quickly as possible to address the backlog created by the pause.
There is only one change to the guidance as a result of the legal advice sought by the LGA, but it is significant. For members applying for an opt-out decision, it has been clarified that regardless of the scheme you were in when you opted out, you will only be eligible for reinstatement to the 2006 FPS scheme, and not to the 1992 scheme. This is because the rules in place do not allow any members to rejoin the 1992 scheme.
We realise this will not be the outcome that members expected or wanted. Unfortunately, this is not a matter on which the scheme manager has any discretion, as they can only act within the rules set out in legislation.
We would still encourage members who may be eligible for an opt-out decision to apply, as at this point you are only applying to receive the calculations as part of your Remedial Service Statement and will still be able to decide whether you think opting back in is in your best interests when you receive your statement.
You can read the LGA’s updated guidance for members on the FPS webpages at the link to the right (https://fpsmember.org/sites/default/files/documents/Age-discrimination-remedy-Contingent-Decision-guidance-for-members-v1.3.pdf). I have also included a link to the FBU’s member circular on this issue (https://www.fbu.org.uk/circulars/2024hoc0322mr/pensions-update-contingent-decisions).
I want to be clear that the change to the guidance in no way changes the eligibility criteria for contingent decisions, so there is no need to change or resubmit any existing applications.
Thank you for your patience on this matter.
Kind regards
Kelly Harding