e-Bulletin - National RDS News 24 September 2009

Changes to Commutation Rates
Changes to Commutation rates has been backdated even further to 22 August 2006 rather than the previously agreed date of 1 October 2007.

This decision follows a Judicial Review decision in England and Wales covering similar factors provided under the police pension scheme.

While Retained personnel were excluded from joining the Firefighters Pension Scheme (FPS) they were able to make an ill-health pension claim through the scheme if injured whilst on duty and unable to return to their previous role. This scheme provides that a firefighter can exchange up to 25 per cent of their pension for a tax free lump sum on retirement.

The scheme provides that the lump sum provided must be the actuarial equivalent of the pension being exchanged. The Government Actuary Department (GAD) provides the factors that meets this requirement.

The current factors were initially backdated to 1 October 2007. Following a judicial review of the police factors the judge determined that the factors should be applied from the date they are provided by GAD. In the case of the FPS this was 22 August 2006 which is the date the factors are being backdated to.

The RFU will therefore be advising our members who retired through an on-duty injury between 22 August 2006 and 30 September 2007 who will be entitled to arrears. The arrears will also include interest.

Have YOU got what it takes?
Every year the RFU receives a number of invitations to represent our members at national level by sitting on various project groups looking at ways the UK FRS can be improved. An example is the review of the BA Technical Bulletin 1/97. If you believe you have a contribution to make and have the ability to attend quarterly meetings in London and/or Moreton-in-Marsh (Fire Service College) please drop us a line at office@rfuonline.co.uk to express an interest and obtain further information.

It is vital that the RDS perspective is presented within these projects and you will have an opportunity to shape the future of the UK FRS!

RFU attend national memorial service to pay tribute to firefighters
RFU Vice-President, Anthony Morgan attended the annual memorial service held at St Bartholomew the Great on Sunday 13 September, the service was followed by a wreath laying ceremony at the National Firefighters Monument at Sermon Lane, near St Paul's Cathedral in the City of London. The service is organised by the Firefighters Memorial Charitable Trust and was established in 1990 by founder members of the then City of London Guild of Firefighters. For more information on the Trust, monument and memorial: www.firefightersmemorial.co.uk

New stamps showcase the work of Firefighters
Searching a collapsed building, offering fire safety advice, cutting a person out of a crashed car - these are just some of the incidents tackled every day by the men and women of the Fire and Rescue Service, as illustrated in a new set of postage stamps.

The new stamps, which went on sale on Tuesday 1 September, pay tribute to the Fire and Rescue Service. The stamps' release also coincides with the 300th anniversary of the opening of the UK's first fire station and the 70th anniversary of the Auxiliary Fire Service whose unpaid volunteers played a crucial part in Britain's civil and air raid defences during the Second World War.

Threats of RDS station closures
Warwickshire Fire & Rescue Service proposes to close seven Retained Duty System (RDS) fire stations and remove two additional RDS appliances on separate stations.

Retained Duty System (RDS) Fire Stations due for closure are Bedworth, Bidford, Brinklow, Fenny Compton, Kenilworth, Studley and Warwick. In addition crews based at Coleshill and Atherstone who also work the RDS will be removed.

The brigade mantra at present is, ‘Our intention is to provide a fitter, stronger Fire and Rescue Service for Warwickshire’ if only we could believe that were true?

‘The consultation process has already caused confusion, the very same documents which have informed this decision are presently unavailable, it beggars belief that on such an important issue vital information has been withheld or is not easily accessible by those asked to make comment. We would urge members of the public and the relevant district and parish councillors to request and read these documents, namely:

We are alarmed at these proposals, for the most part, the impact on fire cover provided by our members, the RDS in general and the communities which they all proud to serve.

Annual Leave Back Pay
On a more positive note in Warwickshire, the RFU has been successful in recovering annual leave back pay.

On the 8th October 2008, Warwickshire Fire and Rescue Service sent a letter to all RDS fire fighters advising them that since 2002, all RDS fire fighters had been underpaid in respect of their holiday pay, due to a miscalculation of their entitlement.

At the time of writing, Warwickshire said that they had taken legal advice and were informed, that as an employer,

‘ we would be acting ultra vires (i.e. beyond our statutory powers and therefore illegally) if we were to reimburse underpayments further back than one year.’

The RFU, as soon as they heard of this from one of their members, took steps to take their own legal advice. That advice was that Warwickshire were wrong and that steps should be taken to recover the monies owed to our members.

On behalf of our members, the RFU has made funds available to its lawyers to strenuously argue for the recovery of the underpayments to its members. It was as a direct consequence of this that Warwickshire sent out a further letter, dated 20th August 2009, stating that the underpayments would in fact be made in the best way possible to recompense those affected.

As a result of protracted negotiations, funded by the RFU, we have now been able to ensure:

That all of our members who were underpaid have now received offers to compensate them for their losses;
That all retired members who were affected by the miscalculations will be given adequate recompense;
That all members who wished to have their offers individually assessed by our lawyers, have been able to do so. This has resulted in approximately one fifth of our members having their offers increased.

If it was not for the RFU questioning the lawfulness of Warwickshire’s stance in October 2008, it is unlikely that RDS fire fighters at Warwickshire would have received the money they were due, and had earned, for the 5 year period between 2002 and 2006.

"This is wonderful news for RFU members and their families, it clearly shows commitment to members be they presently in post or retired members. The RFU can make a difference, we have demonstrated to those who doubt us that there are advantages to membership of the Retained Firefighters Union."

Co-Responder Station - Are you covered?
With the gradual expansion of Co-Responder Schemes, we are taking calls regarding representation for those members who are carrying out CR duties. The answer is EMPHATICALLY YES! We actively encourage RDS to undertake this additional paid role and should there be any occasions whereby a member needs support legal or otherwise, we will provide it.

‘Rule 17.1 The Union will arrange legal representation for fully paid up Members through its solicitors in relation to claims or matters arising during the course of their employment within the FRS and those covered by rule 6.3, including official drill and training and will indemnify Members against any liability to pay legal costs in relation to this legal support.’


	24 September 2009

Changes to Commutation Rates Changes to Commutation rates has been backdated even further to 22 August 2006 rather than the previously agreed date of 1 October 2007. This decision follows a Judicial Review decision in England and Wales covering similar factors provided under the police pension scheme. While Retained personnel were excluded from joining the Firefighters Pension Scheme (FPS) they were able to make an ill-health pension claim through the scheme if injured whilst on duty and unable to return to their previous role. This scheme provides that a firefighter can exchange up to 25 per cent of their pension for a tax free lump sum on retirement. The scheme provides that the lump sum provided must be the actuarial equivalent of the pension being exchanged. The Government Actuary Department (GAD) provides the factors that meets this requirement. The current factors were initially backdated to 1 October 2007. Following a judicial review of the police factors the judge determined that the factors should be applied from the date they are provided by GAD. In the case of the FPS this was 22 August 2006 which is the date the factors are being backdated to. The RFU will therefore be advising our members who retired through an on-duty injury between 22 August 2006 and 30 September 2007 who will be entitled to arrears. The arrears will also include interest. Have YOU got what it takes? Every year the RFU receives a number of invitations to represent our members at national level by sitting on various project groups looking at ways the UK FRS can be improved. An example is the review of the BA Technical Bulletin 1/97. If you believe you have a contribution to make and have the ability to attend quarterly meetings in London and/or Moreton-in-Marsh (Fire Service College) please drop us a line at office@rfuonline.co.uk to express an interest and obtain further information. It is vital that the RDS perspective is presented within these projects and you will have an opportunity to shape the future of the UK FRS! RFU attend national memorial service to pay tribute to firefighters RFU Vice-President, Anthony Morgan attended the annual memorial service held at St Bartholomew the Great on Sunday 13 September, the service was followed by a wreath laying ceremony at the National Firefighters Monument at Sermon Lane, near St Paul's Cathedral in the City of London. The service is organised by the Firefighters Memorial Charitable Trust and was established in 1990 by founder members of the then City of London Guild of Firefighters. For more information on the Trust, monument and memorial: www.firefightersmemorial.co.uk New stamps showcase the work of Firefighters Searching a collapsed building, offering fire safety advice, cutting a person out of a crashed car - these are just some of the incidents tackled every day by the men and women of the Fire and Rescue Service, as illustrated in a new set of postage stamps. The new stamps, which went on sale on Tuesday 1 September, pay tribute to the Fire and Rescue Service. The stamps' release also coincides with the 300th anniversary of the opening of the UK's first fire station and the 70th anniversary of the Auxiliary Fire Service whose unpaid volunteers played a crucial part in Britain's civil and air raid defences during the Second World War. Threats of RDS station closures Warwickshire Fire & Rescue Service proposes to close seven Retained Duty System (RDS) fire stations and remove two additional RDS appliances on separate stations. Retained Duty System (RDS) Fire Stations due for closure are Bedworth, Bidford, Brinklow, Fenny Compton, Kenilworth, Studley and Warwick. In addition crews based at Coleshill and Atherstone who also work the RDS will be removed. Approximately 60 employees working the RDS would be made redundant under the plans. The proposals are included within the Service’s aptly named, ‘Service Improvement Plan’. http://www.warwickshire.gov.uk/Web/corporate/pages.nsf/Links/D1E446EF0A01396C8025762E00409F82 The brigade mantra at present is, ‘*Our intention is to provide a fitter, stronger Fire and Rescue Service for Warwickshire’ if only we could believe that were true? Tony Morgan, RFU Vice-President and Warwickshire RDS Crew Manager said: ‘The consultation process has already caused confusion, the very same documents which have informed this decision are presently unavailable, it beggars belief that on such an important issue vital information has been withheld or is not easily accessible by those asked to make comment. We would urge members of the public and the relevant district and parish councillors to request and read these documents, namely: Rising to the Challenge WFRS Business Case 2006/7 Morphew Report We are alarmed at these proposals, for the most part, the impact on fire cover provided by our members, the RDS in general and the communities which they all proud to serve.* Annual Leave Back Pay On a more positive note in Warwickshire, the RFU has been successful in recovering annual leave back pay. On the 8th October 2008, Warwickshire Fire and Rescue Service sent a letter to all RDS fire fighters advising them that since 2002, all RDS fire fighters had been underpaid in respect of their holiday pay, due to a miscalculation of their entitlement. At the time of writing, Warwickshire said that they had taken legal advice and were informed, that as an employer, ‘ we would be acting ultra vires (i.e. beyond our statutory powers and therefore illegally) if we were to reimburse underpayments further back than one year.’ The RFU, as soon as they heard of this from one of their members, took steps to take their own legal advice. That advice was that Warwickshire were wrong and that steps should be taken to recover the monies owed to our members. On behalf of our members, the RFU has made funds available to its lawyers to strenuously argue for the recovery of the underpayments to its members. It was as a direct consequence of this that Warwickshire sent out a further letter, dated 20th August 2009, stating that the underpayments would in fact be made in the best way possible to recompense those affected. As a result of protracted negotiations, funded by the RFU, we have now been able to ensure: That all of our members who were underpaid have now received offers to compensate them for their losses; That all retired members who were affected by the miscalculations will be given adequate recompense; That all members who wished to have their offers individually assessed by our lawyers, have been able to do so. This has resulted in approximately one fifth of our members having their offers increased. If it was not for the RFU questioning the lawfulness of Warwickshire’s stance in October 2008, it is unlikely that RDS fire fighters at Warwickshire would have received the money they were due, and had earned, for the 5 year period between 2002 and 2006. AJJ Morgan WRFU Chair said, "This is wonderful news for RFU members and their families, it clearly shows commitment to members be they presently in post or retired members. The RFU can make a difference, we have demonstrated to those who doubt us that there are advantages to membership of the Retained Firefighters Union." Membership of the RFU can make a difference! Co-Responder Station - Are you covered? With the gradual expansion of Co-Responder Schemes, we are taking calls regarding representation for those members who are carrying out CR duties. The answer is EMPHATICALLY YES! We actively encourage RDS to undertake this additional paid role and should there be any occasions whereby a member needs support legal or otherwise, we will provide it. ‘Rule 17.1 The Union will arrange legal representation for fully paid up Members through its solicitors in relation to claims or matters arising during the course of their employment within the FRS and those covered by rule 6.3, including official drill and training and will indemnify Members against any liability to pay legal costs in relation to this legal support.’ Yours sincerely John Barton National General Secretary