LNB News: Home Office publishes updated guidance to progress immediate detriment cases

The updated technical note for the Police Pension Schemes provides guidance on processing certain immediate detriment cases ahead of legislation in order to address the age discrimination identified by the Court of Appeal in the McCloud/Sargeant judgment. Immediate detriment refers to those members who have already retired or will do so before the remedy to the discrimination is implemented. The update relates to existing informal and non-statutory guidance, originally issued in August 2020, and is intended to support police force pension managers and practitioners to administer certain immediate detriment cases (as defined). While the guidance is intended to provide informal advice, the Home Office warns that the overall responsibility for interpreting and applying the pension scheme regulations remains with each chief constable as the relevant scheme manager.

Fire Pension Schemes

A corresponding update has been prepared at the request of the Fire Brigades Union and the Firefighters’ Pensions (England) Scheme Advisory Board to assist employers with immediate detriment cases specific to members of the Fire Pension Schemes in relation to the Firefighters’ Pension Scheme. This notes that the guidance is informal and does not place any legal obligations on Fire and Rescue Authorities (FRAs). The guidance also notes that it should not be seen as providing a definitive resolution, but a tool used by FRAs to progress any immediate detriment cases. The guidance outlines that it should not be seen as providing a definitive resolution to all of the consequences arising from the discrimination, rather as a way to progress certain immediate detriment cases. The guidance is also to be kept under review as all the cases processed using the guidance will need to be revisited once the full detail of the government’s approach is finalised, and legislation is in place. Legislation is expected to be in place by October 2023.

Sources:

• Police pension schemes: Home Office informal immediate detriment guidance

• Firefighters’ Pension Schemes: Home Office Guidance on treatment of ‘Immediate Detriment’ cases