Pensions

Members will have seen our circular dated 19th October regarding the current concern over pensions. We reported on our meeting with the Minister on the 17th October but this concern began early this year and led to a number of meetings taking place between ourselves and CLG which continue at the present time. Recent Fire Pension Committee (FPC) meetings have been taken over by discussions on this issue. From every perspective it is acknowledged that the new regulations are fundamentally flawed, we’ve yet to meet anyone outside of the FPC who actually agrees with the new arrangements. However this is an issue not just relating to RDS, 3 retired firefighters in London lost their pensions and their case is being progressed by the FBU.

The Sunday Telegraph published an article covering a number of other workers whose activities could be seen as emergency duties following the Warwickshire tragedy. Having seen our circular they then turned their attention to pensions and started to ask questions as to why this is happening.

Attacks on firefighters are on the increase and if the injuries sustained are of a permanent nature then the full impact of the changes in pensions regulations really starts to hit home especially for retained. We have one member who was attacked over 18 months ago, he’s still unable to return to duty and the chances of him doing so are slim. He was invited to speak to the Telegraph but turned down the opportunity because he didn’t want to prejudice any chance that he might yet receive an ill-health award.

Are we asking too much?

“The RFU believes that if society has an expectation that community-focused men and woman will volunteer to step forward to protect their friends and neighbours as firefighters then society through the taxpayer should not see it as unreasonable for these brave and committed men and woman to be compensated if something goes wrong.

The Fireman’s Pension Scheme (FPS) up until it was superseded by the National Firefighters Pension Scheme (NFPS) in April 2006 recognised this and in its original form offered this protection. However, amendments made to it have removed protection for retained personnel within the FPS and the NFPS is currently structured solely as a pension scheme without any form of compensation.”

Injured on duty, left unable to carry on with their primary employment and then sacked from the retained, we ask is this fair and equitable? And what effect is this likely to have on a service with a shortfall of personnel such as the RDS?

Memorandum of Understanding – Co Responding

For some months we have been jointly developing with CFOA means of working together on the issue of Co-Responding which would provide a single document covering all the issues. Given that Ian Hayton and our president Adrian Hughes are the respective leads for CFOA and the RFU, we’ve now produced a Memorandum of Understanding (MoU) which formalises the arrangements, signed by the CFOA president Steve McGuirk and RFU General Secretary John Barton, a copy is on our website.

In Devon recently the FBU is on record promoting the withdrawal of Co-Responders to use the money saved (£400,000) elsewhere. Not wishing to labour the point, we believe that CR schemes add value to the FRS. These schemes provide early intervention prior to the arrival of a paramedic and lives are being saved every year. Where is the benefit to society if this service is now withdrawn? RDS personnel want to do it, are doing it and in some cases hoping they don’t have a problem.

It is important to point out that for our members there has never been a problem in providing representation, legal cover etc should the need arise but we are aware that some personnel currently not in the RFU are at risk if something goes wrong. They would be on their own because it is a fact that for some carrying out co-responder duties are at odds with other union policy and therefore outside of the rules which provide legal support if needed.

EU Driving Regs

CFOA have released a Circular covering the possible affect of new Drivers’ Hours Rules on Fire and Rescue Services brought about by the new EC Regulations.

The EC Drivers’ Hours and Tachograph Rules for Goods Vehicles (Regulation 561/2006) came into effect on 11th April 2007. It replaces Community Drivers’ Hours Regulation (3820/85) on drivers’ hours and aims to clarify the rules on Drivers’ hours. The purpose of the rules is to limit driving time and ensure that proper break and rest periods are taken.

The main change in the Rules is that drivers are required to record all other work. The EC Drivers’ Hours Rules 2006 apply to certain categories of mobile workers (the most common being drivers of LGV’s with an overall weight over 3.5 tonnes and PSV’s with more than 9 seats, or travelling more than 50 kilometres). Vehicles used by the Fire Service are automatically exempted from these rules (provided the vehicle is owned by the Fire Service or hired without a driver and is driven as a consequence of tasks assigned to the Fire Service). Therefore the rules do not apply to whole-time firefighters employed to drive fire brigade vehicles. However, this exemption would not necessarily apply to retained firefighters, who must abide by the strict rest and break requirements, imposed through their primary employment.

The following key provisions apply:

• There is a maximum daily driving limit of 9 hours (extendable to 10 hours twice a week)

• There is a maximum weekly driving limit of 56 hours (and 90 hours during any two consecutive weeks)

• A driver must have 11 hours uninterrupted daily rest. This may be reduced to a minimum of 9 hours no more than three times between any two weekly rest periods. The daily rest can be taken before the end of the third week following the week in which the reduction occurred.

European legislation is relentless and it’s hard to see where the RDS can escape from this latest edict! Given the fact that there are a number of LGV and PSV drivers employed as RDS firefighters will we see RDS being dismissed?

As you would expect we are actively seeking a solution to this problem and will keep you informed.

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CPD – We do not believe it is fair that RDS personnel will receive a minimum payment of 25%, what happened to ‘a firefighter is a firefighter’, how can a service ‘pro-rata’ commitment. We have to question whether there is an ulterior motive for this discrimination between duty systems? One glimmer of light is that one FRS has decided to pay their RDS personnel the full amount, which we applaud. We a would welcome your views on cpd@rfuonline.co.uk.

And finally…… we would like to wish everyone a Merry Christmas, let’s hope it is a safe one for all!