We are pleased to confirm that we are opening the Contingent Decisions process relating to Pension Remedy for West Midlands Firefighter Pension Scheme Members.
A Contingent Decision (CD) is a decision taken by a Firefighter Pension Scheme (FPS) member, relating to their membership of the FPS, that would have been different had it not been for the discrimination identified by the courts. CD falls into one of two categories:
- Opted Out Service – A member who would not have opted out if they had been allowed to remain in the legacy scheme beyond their transition date or, if for a protected member, they had been allowed to join the 2015 reformed scheme from 1 April 2015
- Additional Service – A member who believes they would have purchased (more) additional service if they were in the legacy scheme.
If you fall into one of these categories and meet eligibility criteria, you can apply to have a contingent decision made by the Scheme Manager.
To be eligible for a contingent decision for opted-out service you must;
- not have opted out before 12 March 2012 or after 28 February 2022
- be able to evidence that your decision would have been different had it not been for the discrimination found by the courts.
If you opted out within six months of your transition date to the FPS 2015, you do not need to provide further evidence.
To be eligible for contingent decision for additional service you must;
- immediately before 1st April 2022, not have been a full protection member of FPS 1992 or FPS 2006 i.e. you should be either an unprotected or tapered member
- be able to evidence that were it not for the discrimination, you would have been more likely than not to have entered a similar arrangement.
We will be writing directly to all those scheme members who we believe opted out in the relevant period by the end of May 2024, or who may be eligible to purchase additional service. However, if you feel you have not been included but are eligible, you can complete the member claim form (link/button below) and submit it to the Scheme Manager at schememanager@wmfs.net.
CD claim forms must be submitted by 30 September 2024 to be considered. Once submitted, you will receive an acknowledgement within 10 days confirming that the Scheme Manager will consider your application. You will then receive a response from the Scheme Manager within two months as to whether your claim has been accepted. If you do not agree with the Scheme Manager’s decision, you can appeal it through the IDRP process.
Anyone who has their CD agreed can then expect to receive a Contingent Decision Remedial Service Statement (CD-RSS) by March 2025 at the latest. This will contain information on your options, including the amount you may be required to pay to buy back into the scheme. You will then have 12 months to make your choice as to what option you wish to take based on the information provided to you within your CD-RSS.
For more information on Contingent Decisions, we would recommend the FPS Member Webpages.
You can apply using the form linked below. We’ve also linked to a flow chart which explains the process.