Pay Policy Statement 2019-2020

WEST MIDLANDS FIRE AND RESCUE AUTHORITY

AUTHORITY

MEETING

8

APRIL

2019

1. PAY POLICY STATEMENT

2019/2020

R

eport of the Chief Fire Officer

RECOMMENDED

THAT the Authority approves the Pay Policy Statement for the

financial year 2019/2020.

2. PURPOSE OF REPORT

• To inform the Authority of the new 2% local government

employee pay rates (appendix 1D)

• To inform the Authority that there has been a restructure to the

pay spine to ensure that no local government employee earns

less than the Living Wage

• To inform the Authority that WMFS gender pay gap

information has been published on the government website

This report is submitted for the Authority to approve the Pay Policy

Statement for the financial year 2019/2020.

3. BACKGROUND

3.1 Section 38 (1) of The Localism Act 2011 requires Fire and Rescue

Authorities to produce a Pay Policy Statement for each financial

year. The proposed Pay Policy Statement 2019/2020 is set out at

Appendix 1 of this report.

3.2 A Pay Policy Statement is expected to comply with the following

elements:-

3.2.1 a relevant Authority must prepare a Pay Policy Statement

for each financial year.

3.2.2 a Pay Policy Statement for a financial year must set out

the Authority’s policies for the financial year relating to the

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remuneration of its Chief Officers.

3.2.3 the statement must include the Authority’s policies

relating to:-

(a) decisions on any pay, remuneration or severance

packages of Chief Officer roles and/or packages of

£100,000 or more being submitted to the Fire

Authority;

(b) remuneration of Chief Officers on recruitment;

(c) increases and additions to remuneration for each

Chief Officer;

(d) the use of performance related pay for Chief Officers;

(e) the use of bonuses for Chief Officers;

(f) the approach to the payment of Chief Officers on their

ceasing to hold office under or to be employed by the

authority;

(g) the publication of and access to information relating

to the remuneration of Chief Officers;

3.2.4 in addition it must detail:

(a) the remuneration of its Chief Officers;

(b) the remuneration of its lowest-paid employees;

and

(c) the relationship between the renumeration of its

Chief Officers and all other employees. Appendix 1D

3.2.5 a Pay Policy Statement for a financial year may also set out

the Authority’s policies for the financial year relating to the

other terms and conditions applying to the Authority’s Chief

Officers.

3.3 The term Chief Officer refers to those defined within the Localism

Act. For West Midlands Fire and Rescue Authority this covers the

posts of Chief Fire Officer, Deputy Chief Fire Officer and Assistant

Chief Fire Officer (Service Delivery).

3.4 The term ‘lowest paid employees’ is defined as a full time

employee on the bottom scale column point of the Green Book

pay scale and the lowest paid role for Grey Book employees.

These are the lowest paid employees other than apprenticeships

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which are paid less to reflect the nature of the training and

development role.

3.5 There are supplementary provisions relating to statements as

follows:-

3.5.1 a relevant Authority’s Pay Policy Statement must be

approved by a resolution of the Authority before it comes

into force.

3.5.2 the statement must be prepared and approved before

the end of 31

st

March 2019.

3.5.3 each subsequent statement must be prepared and

approved before the end of 31

st

March immediately

proceeding the financial year to which it relates.

3.5.4 a relevant Authority may by resolution amend its

Pay Policy Statement, including after the beginning of

the financial year to which it relates.

3.5.5 as soon as is reasonably practicable after approving or

amending a Pay Policy Statement, the Authority must

publish the statement or the amended statement in such

manner as it thinks fit, which must include publication on

the Authority’s website.

3.6 There is a two-track approach for determining levels of pay for

Chief Officer roles. At national level, the National Joint Council

(NJC) shall review annually the level of pay increase applicable

to all those covered by this agreement. In doing so, the NJC will

consider affordability, other relevant pay deals and the rate of

inflation at the appropriate date. Any increase agreed by the

NJC will be communicated to Fire Authorities by circular.

3.7 Other decisions about the level of pay and remuneration to be

awarded to individual Chief Officer roles will be taken by the

local Fire Authority. (Advice on the implementation of a local

salary structure is contained within the Pay Policy Statement.)

3.8 Authorities are also required to produce information on the

salaries of their Chief Officers and the names. This is included in

the Statement of Accounts and also on the internet site

www.wmfs.net.

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3.9 If readers are to understand the information being presented

to them, they need to have an appreciation of the wider context

affecting the organisation. To this end the guidance requires the

West Midlands Fire Service to include some contextual

information such as a description of what it does, total spend,

budget responsibility, job descriptions and person specifications.

3.10 The information referred to above, including the expenses paid to

Chief Officers, is also available on the West Midlands Fire

Service website at www.wmfs.net.

3.11 As part of this report the Authority are also publishing their

approach to the use of discretionary arrangements in relation to

the Local Government Pension Scheme. During the current year

evolving case law may see changes to these policies which will

be published.

4. GENDER PAY GAP COMPARISON

The mean gender pay gap is the difference between the average

hourly rate of pay for male and female employees.

When considering all employees, the mean gender pay gap as at

31

st

March 2018 is 10.4% or £1.57 per hour. This is a narrower

gap than the 14.2% reported for 2017.

The pay gap for operational employees (including Fire Control) is

4.7%. This has increased slightly from 2.8% due to the number of

female recruits employed in the reporting period. The gap for

support staff employees is 18.6% which has narrowed from 34.9%

reported for 2017.

The average hourly rate for female support staff has increased due

to 23 female staff increasing their grade, compared to 9 male staff.

More information is available on the government website.

https://gender-pay-gap.service.gov.uk/

5. EQUALITY IMPACT ASSESSMENT

In preparing this report an initial Equality Impact Assessment is not

required as there is no direct impact on individuals in setting out the

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Authority’s pay policy statements. Equality Impact Assessments will

be carried out on individual processes and decisions taken in the

application of the pay policy statement.

6. LEGAL IMPLICATIONS

6.1 The recommendations provided enable West Midlands Fire and

Rescue Authority to continue to comply with the relevant sections

of the Localism Act and demonstrate its support for the

Government’s Public Sector Pay Policy.

6.2 To comply with the Localism Act 2011, the West Midlands Fire

and Rescue Authority must approve the Authority’s Pay Policy

Statement before 31

st

March 2019. The Service will then

complete a review of the Pay Policy Statement each year which

must be approved by the Authority before 31

st

March each year.

7. TRADE UNION CONSULTATION

This is not a matter for consultation with the trade unions.

The Pay Policy Statement will be shared with the Trade Unions

for information following approval at the Authority meeting on

18 February 2019.

8. FINANCIAL IMPLICATIONS

There are no direct financial implications arising from this report.

BACKGROUND PAPERS

Localism Act 2011

The contact name for this report is Philip Hales, Deputy Chief Fire Officer,

0121 380 6907.

PHIL LOACH

CHIEF FIRE OFFICER

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APPENDIX 1

PAY POLICY STATEMENT 2019/2020

March 2019

People Support Services

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PAY POLICY STATEMENT 2018/2019

CONTENTS OF APPENDICES

Page

Pay Policy Statement 2019/2020 9-14

Appendix 1A Statement of Policy - LGPS 15-20

Appendix 1B Statement of Policy - Firefighters

Pension Scheme 1992 21-23

Appendix 1C Statement of Policy- Firefighters

Pension Scheme 2015 24-50

Appendix 1D Remuneration and relationship

between Chief Officer’s and Lowest 51-52

Paid Employees

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Pay Policy Statement 2019/2020

The level and elements of remuneration for each Chief Officer

The basic pay details of all Chief Officers is available on the West

Midlands Fire Service website www.wmfs.net . The levels of pay will be

determined by both national and local review following the guidance set

out in the ‘Gold Book’ Terms of Conditions. All other payments will be

contained within the Authority’s statement of accounts which is also

published on the West Midlands Fire Service website. The new pay

awards will be published post April 2019.

Remuneration of Chief Officers on recruitment

On recruitment the Executive Committee is authorised to consider and

make recommendations to the Fire Authority on the conditions of

employment and salary of the Chief Fire Officer, Deputy Chief Fire

Officer and Assistant Chief Fire Officer. Considerations will be given to

the guidance contained within the Pay Policy Statement for determining

the level of salary for each Principal Officer.

Increases and additions to remuneration for each Chief Officer

There is a two-track approach for determining levels of pay for Principal

Officer roles. At national level, the NJC shall review annually the level of

pay increase applicable to all those covered by this agreement. In doing

so, the NJC will consider affordability, other relevant pay deals and the

rate of inflation at the appropriate date. Any increase agreed by the NJC

will be communicated to Fire Authorities by Circular.

Other decisions about the level of pay and remuneration to be awarded

to individual Principal Officer roles will be taken by the local Fire

Authority. This will be considered at the time of the Pay Policy

Statement Review. (Advice on the implementation of a local salary

structure is contained within the Pay Policy Statement).

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Remuneration of all other employees of the West Midlands Fire Service

Living Wage

The Fire Authority is an accredited Living Wage employer and is

committed to ensuring that all employees are paid, as a minimum, the

Living Wage. This is reviewed on a year on year basis and

amendments are made to ensure that are aligned to the Living Wage.

Green Book Employees

Salaries of ‘Green Book’ employees in the Service are set using locally

determined pay scales and utilising an Integrated Personal Development

System which is based around the nationally agreed Job Evaluation

Scheme.

Please see Appendix 1D for the salaries of Green Book Employees

including our lowest paid employees and the relationship between these

employees and our Chief Officers. For this purpose the relationship has

been made to the Chief Fire Officer’s salary. Any new changes to Green

Book salaries will be reflected in the Pay Policy Statement post April

2019.

Grey Book Employees

Salaries of ‘Grey Book’ employees in the Service are set using nationally

agreed pay levels.

National Pay Awards are also made to pay scales on an annual basis

and these pay awards are applied to all employees. This annual award

is applicable in April for Green Book Employees and July for Grey Book

Employees.

Please see Appendix 1D for the salaries of Grey and Green Book

Employees including our lowest paid employees and the relationship

between these employees and our Chief Officers. For this purpose the

relationship has been made to the Chief Fire Officer’s salary.

The use of performance related pay for Chief Officers

The West Midlands Fire Service does not use performance related pay

for its Chief Officers.

The use of bonuses for Chief Officers

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The West Midlands Fire Service does not award bonuses to Chief Officers.

The approach to the payment of Chief Officers on their ceasing to hold

office or to be employed by the Authority

The payment to Chief Officers on the ceasing of their employment will

be in line with the benefits accrued through meeting the qualifying

requirements of the relevant Pension Scheme.

In the case of any redundancy payments to be made to Chief Officers

these payments will be set using the existing regulations for ‘Gold

Book’ employees and their appropriate pension scheme.

Redundancy payments for Chief Officers eligible to join the

Firefighters’ Pension Schemes will be calculated based on the

statutory maximum weekly pay. Gold book employees eligible to join

the Local Government Pension Scheme will receive a redundancy

payment in line with authority agreement under Regulation 7 of the

Local Government (Early Termination of Employment) (Discretionary

Compensation) (England and Wales) Regulations 2006. See

Appendix 1A.

Any settlement of £100,000 or more or any other payments will be

subject to the approval of the Authority on a case by case basis.

The approach to the payment of all other Employees on their ceasing

to hold office or to be employed by the Authority

• Green Book Employees

The payment of Green Book Employees on the ceasing of their

employment will be in line with the benefits accrued through meeting

the qualifying requirements of the relevant Pension Scheme.

In the case of redundancy the guidance contained within the pension

policy statement will apply under the existing conditions of the Local

Government Pension Scheme.

• Grey Book Employees

The payment of Grey Book Employees on the ceasing of their

employment will be in line with the benefits accrued through

meeting the qualifying requirements of the relevant pension

scheme.

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In the case of any redundancy payments to be made to Grey Book

Employees eligible to join the firefighter’s pension scheme, these

payments will be set using the existing regulations for Grey Book

employees. Redundancy payments will be calculated based on

the statutory maximum weekly pay.

• Employees in Fire Control

In the case of redundancy the guidance contained within the pension

policy statement will apply under the existing conditions of the Local

Government Pension Scheme.

The publication of and access to information relating to the

remuneration of Chief Officers

Details of the Chief Officer’s salary and remuneration including any

expenses will be made available on the West Midlands Fire Service

website. This information is contained within the Annual Report and

Statement of Accounts.

Discretions available to the Authority under the Local Government

and Firefighters Pension Schemes

In line with the regulations of the Local Government and Firefighters

Pension Schemes West Midlands Fire Service must formulate, keep

under review and publish their policies on certain discretions

contained within the Regulations. These regulations are included as

appendices to this policy.

Definitions used within the Pay Policy Statement

The term Chief Officer refers to those defined within the Localism Act.

In simple terms the policy covers the Chief Fire Officer and those

posts which report directly to him/her and also the next management

tier below (excluding any secretarial or clerical roles).

The term ‘lowest paid employees’ is defined as a full time employee on

the lowest paid role/rank for Grey Book employees and the bottom scale

column point of the Green book pay scale or employee subject to the

living wage if higher. These are the lowest paid employees other than

apprenticeships which are paid less to reflect the nature of the training

and development role.

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IMPLEMENTATION OF A LOCAL SALARY STRUCTURE

GUIDANCE

Introduction

1. Both the Employers and Brigade Managers recognise the

importance of applying the appropriate skills and developing the

competencies necessary to support and embed the cultural

change inherent within these new terms and conditions.

Local Salary Structures

2. When determining the appropriate level of salaries for all Brigade

managers, the Fire and Rescue Authority should refer to the

relevant minimum salary of the Chief Fire Officer and the most

relevant benchmark data.

3. Normally the fire and rescue authority will wish to begin by

determining appropriate salary for their most senior manager.

4. When deciding how these posts should be remunerated the

following factors are to be considered:

a. the Chief Fire Officer’s salary and that of any senior staff not

covered by the Scheme of Conditions of Service (Gold

Book);

b. the relationship of current salary to the appropriate

illustrative national benchmark;

c. any special market considerations;

d. any substantial local factors not common to fire and rescue

authorities of similar type and size e.g. London weighting;

complex local, regional or national responsibilities which

bring added value;

e. comparative information to be supplied on request by the

Joint Secretaries on salaries in other similar authorities;

f. top management structures and size of management team

compared to those of other fire and rescue authorities of

similar type and size;

g. the relative job size of each post, as objectively assessed

through an appropriate job evaluation process or otherwise;

and

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h. incident command responsibility and the requirement to

provide operational cover within the employing authority and

beyond

The process for setting salary levels should include consideration

of the following criteria:

• minimum salary levels for Chief Officers in relevant sized

local authorities;

• market rates of pay for senior managers in a range of private

and public sector organisations; and

• evidence of recruitment and/or retention difficulties with

existing minimum rates.

There are a range of schemes and approaches available for

authorities to use in assessing job size. To assist authorities,

advice can be obtained from the Employers’ Side Secretary of the

NJC.

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APPENDIX 1A

STATEMENT OF POLICY

Under Regulation 7 of the Local Government (Early Termination of

Employment) (Discretionary Compensation) (England and Wales)

Regulations 2006, operative from 29 November 2006, each employer

must formulate, keep under review and publish their policies on certain

discretions contained within the Regulations.

This statement is applicable to all employees of the West Midlands Fire

and Rescue Authority who are eligible to be members of the Local

Government Pension Scheme (LGPS).

Regulation 5 - Power to increase statutory Redundancy payments

Explanation

Employers have the discretion to resolve to use the employee’s

actual pay instead of the statutory maximum pay permitted under the

Employments Rights Act 1996, in the calculation of redundancy

payments.

Policy

The Fire Authority will always use the employees’ actual pay when

calculating redundancy payments.

Regulation 6 –Discretionary Compensation

Explanation

The Authority has the discretion to resolve to increase the lump sum

compensation payable under the Employments Rights Act 1996 to an

employee who loses their employment with the Authority, up to a

maximum of 104 weeks’ pay.

Policy

The Fire Authority will not exercise this discretion and therefore will not

increase the maximum payable beyond the statutory limit of 30 weeks’

pay.

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STATEMENT OF POLICY

Under Regulation 60 (1) of the Local Government Pension Scheme

(LGPS) Regulations 2013, each employer must formulate, keep under

review and publish their policies on certain discretions contained within

the LGPS Regulations.

This statement is applicable to all employees of the West Midlands Fire

and Rescue Authority who are eligible to be members of the LGPS.

1. Regulation 30 (8) – Waiving of actuarial reduction

Explanation

From age 55, members who have left local government

employment receive early payment of their retirement benefits and

do not need their employer’s consent. The pension benefits must

be reduced in accordance with guidance provided by the

Government actuary. Employers may determine on

compassionate grounds that the benefits are not reduced.

For a member who joined the scheme prior to 1 October 2006

where the member’s age and membership (in whole years)

satisfies the “rule of 85” then the benefits would be reduced,

unless the employer chooses to exercise the discretion within the

regulations. For a member who joined the Scheme on or after 1

October 2006, then reduced benefits would be payable if taken

before age 65.

Policy

Each specific case will be judged equally and fairly on its own

merits and would need to be funded by a lump sum contribution

into the Pensions Fund by the Fire Authority. This discretion will

only be exercised by the Fire Authority in cases where it can be

demonstrated that the Fire Authority can fund the cost of the

release within a 3-year period.

This discretion will be exercised by the Deputy Chief Fire Officer

as delegated by Chief Fire Officer in conjunction with the

Treasurer and Chairman to approve existing severance packages

and members will be notified where discretion is exercised.

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2. Regulation 31 - Power of the Employing Authority to award

Additional Pension

Explanation

An employer may resolve to award a member additional pension

of not more than £6,500 a year, payable from the same date as

their pension is payable under any other provision of these

regulations. An additional pension may be paid in addition to any

increase to total membership resolved under Regulation16 so long

as the overall total does not breach the limits laid down within

these regulations.

Policy

Each specific case will be judged equally and fairly on its own

merits, having fully considered service delivery and financial costs.

3. Regulation 30 (6) - Flexible Retirement

Explanation

A member who is aged 55 or over and with their employer’s

consent reduces their hours or grade can then, but only with the

agreement of the employer, make an election to the administering

authority for payment of their accrued benefits without having

retired from that employment.

Policy

Each specific case will be judged equally and fairly on its own merits

having fully considered service delivery and financial costs. This

discretion will only be exercised by the Fire Authority in cases where

it can be demonstrated that the Fire Authority can fund the cost of the

release within a 3-year period.

4. Regulations 16(2)(e) and 16(4)(d) - Funding of Additional

Pension

Explanation

Where an active member opts to make Additional Pension

Contributions (APC) under Rule 16(2)(e) these may be funded in

whole or in part by the Employer. Under Rule 16(4)(d) the

employee may opt to pay APC as a Lump Sum and this may also

be funded in full or part by the employer.

Policy

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The Fire Authority will fund in whole or in part any APC operated

by themselves under a salary sacrifice arrangement.

The Fire Authority will, however, not fund in whole or in part any

other APC purchased either by periodical payments or Lump Sum

direct from a members Net Pay.

The Fire Authority is not obliged by the Regulations to publish a

statement on the following discretions contained within the LGPS

2013 Regulations but has chosen to do so.

5. Regulation 22(8)(b) - Re-employed and Rejoining Deferred

Members

Explanation

Where a deferred member becomes an active member again

before becoming entitled to the immediate payment of retirement

benefits in respect of their former membership, their former

membership will be aggregated with their current active

membership unless within 12 months from the date of the active

member’s pension account being opened they make an election in

writing to the member’s appropriate administering authority. The

period of 12 months may be extended at the discretion of the

employing authority.

Policy

The Fire Authority will extend the period of 12 months beginning

with the date that the active member’s pension account is opened

again to allow a member to choose not to aggregate his/her former

membership in exceptional circumstances or where it was beyond

the member’s control.

6. Regulation 100 (6) – Inward Transfer of Pension Rights

Explanation

A person who becomes an active member who has relevant

pension rights may request his fund authority to accept a transfer

value for some, or all, of his former rights. An election must be

made in writing before the expiry of the period of 12 months

beginning with the date that he became an active member or any

such longer period as his employer may allow.

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Policy

The Fire Authority will extend the period of 12 months beginning

with the date that he/she became an active member – thereby,

allowing a member to transfer some or all of his/her rights from the

relevant transferor in exceptional circumstances or in

circumstances beyond the member’s control.

7. Choice of early payment of Deferred Pension

Explanation

Where a member became a deferred member between

31 March 2008 and 1 April 2014, they can apply for early release

of benefits, and the Fire Authority can fund the costs of the release.

Policy

Each specific case will be judged equally and fairly on its own

merits and would need to be funded by a lump sum contribution

into the Pensions Fund by the Fire Authority. This discretion will

only be exercised by the Fire Authority in cases where it can be

demonstrated that the Fire Authority can fund the cost of the

release within a 3-year period.

This discretion will be exercised by the Deputy Chief Fire Officer

as delegated by Chief Fire Officer in conjunction with the

Treasurer and Chairman to approve existing severance packages

and members will be notified where discretion is exercised.

From 1 June 2004, an amended Internal disputes resolution

procedure applies to active members of the LGPS and to others

such as deferred and pensioner members, whose position may

be affected by decisions taken by their former employer or

LGPS administering authority.

8. The Internal Dispute Resolution Procedure

Explanation

Responsibility for determinations under the first stage of the

procedure now rests with a ‘specified person’ appointed by your

(former) employer. The Fire Authority must specify the job title

and address of the person to whom applications should be

directed.

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Policy

The specified person for the West Midlands Fire and Rescue

Authority is:-

Phil Hales

Deputy Chief Fire Officer

West Midlands Fire Service HQ

99 Vauxhall Road

Birmingham

B7 4HW

The discretions within this Policy Statement will be reviewed at the

point of regulation change but no less than yearly in line with the

Authoritiy’s Pay Policy Statement.

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Appendix 1B

STATEMENT OF POLICY

Under Rule B7 of the 1992 Firefighters’ Pension Scheme Paragraph 5

(A) a fire and rescue authority may, having regard to—

(a) the economical, effective and efficient management of their

functions, and

(b) the costs likely to be incurred in the particular case

- pay a lump sum in excess of two and a quarter times the full amount of

the pension.

West Midlands Fire Service will formulate, keep under review and

publish their policy on the discretion contained within this rule.

Due to the rate of the commutation factors laid down within the 1992

Firefighters’ Pension Scheme it is possible for an unauthorised payment

to occur if a member commutes the maximum allowable portion of their

gross pension. In cases where this happens the Fire Authority will

become liable to a further charge. When using this discretion the

amount to which the lump sum will be increased will be limited to the

maximum authorised payment allowed by HMRC regulations.

This statement is applicable to all employees of the West Midlands Fire

and Rescue Authority who are eligible to be members of the 1992

Firefighters’ Pension Scheme.

Policy

Each specific case will be judged equally and fairly on its own merits and

would need to be funded by a lump sum contribution into the Pensions

Fund by the Fire Authority. It is the Line Manager’s responsibility to

ensure that the recommendation is made and submitted to their SET

managers for consideration. The value of the Lump Sum payment into

the Pension account will be provided by the Pensions section on request

and the remaining cost figures should be obtained from the Finance

Liaison Officer.

This discretion will only be exercised by the Fire Authority in cases

where it can be demonstrated that the Fire Authority can fund the cost of

the release within a 3-year period.

This discretion will be exercised by the Strategic Enabler of People

Support Services and Strategic Enabler of Finance & Resources.

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STATEMENT OF POLICY

Under Rule K4 of the 1992 Firefighters' Pension Scheme:

A fire and rescue authority may, in their discretion, withdraw the

whole or any part of the pension, except a pension under Part C

(awards on death–spouses and civil partners), for any period

during which the person entitled to it is employed by any fire and

rescue authority in whatever capacity.

Part LA Section 9 of the scheme rules states that:

Where an authority exercises its discretion not to withdraw the

payment in whole or in part of any pension under rule K4

(withdrawal of pension whilst employed by a fire and rescue

authority), the authority shall in the financial year in which payment

is not withdrawn, transfer into the Firefighters Pension Fund an

amount equal to the amount of pension paid during that financial

year to that person which could have been abated or withdrawn.

West Midlands Fire Service will formulate, keep under review and

publish their policy on the discretion contained within this rule.

This statement is applicable to all employees of the West Midlands Fire

and Rescue Authority who are eligible to be members of the 1992

Firefighters Pension Scheme.

Policy

West Midlands Fire Service will withdraw the whole or part of the

pension, except a pension under Part C (awards on death–spouses and

civil partners), for any period during which the person entitled to it is

employed by any fire and rescue authority in whatever capacity.

The amount of Pension withdrawn will be calculated by reference to the

Aggregate Annual Pensionable Pay received in the twelve months prior

to retirement increased on the same basis as the pension in payment.

This figure will be known as the reference pay and will be increased

annually in line with the annual pension increase order.

The pension will be reduced by an amount equal to the amount required

so that the total income from the pension plus re-employment does not

exceed the reference pay calculated above.

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Pay in re-employment is the pay receivable under the contract of

employment for the hours worked and excludes any payments made for

non-contractual overtime. Where the pay in re-employment changes the

amount of pension to be withdrawn will be recalculated.

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APPENDIX 1C

STATEMENT OF POLICY

The Firefighters’ Pension Scheme (England) Regulations 2014 contain

various regulations where the opportunity for alternative courses of

action arises. In these circumstances West Midlands Fire Service will

exercise discretion in line with this statement of policy.

This statement is applicable to all employees of the West Midlands Fire

and Rescue Authority who are eligible to be members of the Firefighters

Pension Scheme 2015.

Power to Delegate

1. Delegation (Regulation 5)

The scheme manager must ensure that delegated powers are

appropriate and current. [Regulation 5(2)]

Statement of Policy

The Fire Authority have recently confirmed that the Audit

Committee will function as the Scheme Manager.

Opting Out

2. Opting into this scheme (Regulation 12)

An optant-in will become an active member of the scheme with

effect from the beginning of the first pay period following the date

on which the option is exercised. There is an option for the

scheme manager to vary the date on which the person becomes

an active member, to such other time as the scheme manager

considers appropriate. [Regulation 12(5)]

Statement of Policy

The Organisation will not vary the date on which a member

becomes an active member.

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3. Opting out after the first three months (Regulation 16)

An optant-out ceases to be in pensionable service with effect from

the first day of the first pay period following the date on which the

option is exercised. If the scheme manager considers that day to

be inappropriate, it may vary the date to the first day of any later

pay period as the scheme manager does consider appropriate.

[Regulation 16(2)(b)]

Statement of Policy

The Scheme Manager will not vary the date on which an optant

out ceases to be a member.

Pensionable Pay

4. Pensionable Pay (Regulation 17)

The Scheme Manager has discretion if continual professional

development payments are to be treated as pensionable pay.

[Regulation 17(1)(d)]

Statement of Policy

Continual Professional development payments will be

pensionable.

Retirement Benefits

5. Active Membership (Regulation 19)

A person who is on unpaid authorised absence can count the

period as active membership if the Scheme Manager permits them

to be treated as an active member during that period.

(Presumably this would be linked to Regulation 111(4) and subject

to the member paying the appropriate contributions.) [Regulation

19(d)]

Statement of Policy

The Scheme Manager will permit a member on unpaid absence to

count the period as active membership subject to contributions

being paid.

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Pensions Accounts

6. Establishment of pension accounts: general (Regulation 28)

The Scheme Manager must establish and maintain pension

accounts for scheme members, but they may be kept in such form

as the scheme manager considers appropriate.

Statement of Policy

The Scheme Manager will maintain pension accounts within an

electronic Pension Administration System. The security and

operation of these accounts will be reviewed regularly by the Local

Pension Board.

7. Closure and re-establishment of active member's account

(Regulation 37)

If a member has more than two active members account and

ceases pensionable service with less than three months' qualifying

service in respect of one account, that account must be closed

and benefits aggregated with one of the others; the member may

select which one.

Statement of Policy

The Scheme Manager will use their discretion on a case by case

basis in the best interests of the member.

Retirement Benefits

8. Closure of deferred member's account after gap in

pensionable service not exceeding five year. (Regulation 49)

If a deferred member re-enters pensionable employment after a

gap of five years or less, the Scheme Manager must close the

deferred member's account and re-establish the active member's

account, transferring entries from the deferred account. If the

person had more than one relevant deferred member's account,

they must selection – within three months of re-entering scheme

employment – which one should close. If they fail to make a

selection, the Scheme Manager must make the choice for them.

[Regulation 49(3) and (4)]

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Statement of Policy

The Scheme Manager will use their discretion on a case by case

basis in the best interests of the member.

9. Employer initiated retirement (Regulation 62)

An employer can determine that an active member aged 55 or

over but under age 60 who on the grounds of business efficiency

is dismissed or has their employment terminated by mutual

consent, can receive immediate payment of retirement pension

without the early payment reduction. An employer may only use

this discretion if the employer determines that a retirement pension

awarded on this basis would assist the economical, effective and

efficient management of its function having taken account of the

costs likely to be incurred in the particular case. [Regulation 62(1)

and (2)]

Statement of Policy

The employer will use their discretion on a case by case basis with

the overriding control that any costs incurred in using this

discretion will be recoverable within a three year period.

10. Exercise of partial retirement option (Regulation 63)

An active member aged at least 55 who would be entitled to

immediate payment of pension if they leave pensionable service

and who claims payment of the pension, may opt to claim the

whole of their accrued pension but continue in pensionable

service. The person concerned must give appropriate notice to

the scheme manager and the partial retirement option is taken to

be exercised on a date agreed between the member and the

Scheme Manager. [Regulation 63(5)]

Statement of Policy

Where a member wishes to make an application for partial

retirement under Regulation 63 they must provide written notice to

the Scheme Manager. On a case by case basis the Scheme

Manager will agree a date with the member on which the option

shall be exercised.

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Ill-Health Benefits

11. Review of ill-health awarded or early payment of retirement

pension (Regulation 68)

The Scheme Manager must have a policy for reviewing, at such

intervals as it considers appropriate, the award of ill-health

pensions where the recipient is under deferred pension age and

has been receiving the award for less than 10 years, and for

reviewing the early payment of deferred pensions on ill-health

grounds for so long as the recipient is below deferred pension age.

[Regulation 68(1) and (2)]

Statement of Policy

The Scheme Manager will review the award of ill-health pensions,

where the recipient is under deferred pension age and has been

receiving the awarded for less than 10 years, and deferred

pensions in payment early on ill-health grounds and where the

recipient is below deferred pension age on a three yearly basis.

12. Consequences of review (Regulation 69)

If, following the review of a lower tier ill-health pension under

Regulation 68, the Scheme Manager determines that the recipient

is capable of performing the duties appropriate to the role from

which the person retired on grounds of ill-health, the employer

must consider whether or not to make an offer of re-employment.

[Regulation 69(3)]

Statement of Policy

The Scheme Manager will consider whether or not to make an

offer on a case by case basis.

13. Commencement of pensions (Regulation 70)

If a deferred member requests, and is entitled to, the early

payment of retirement pension on grounds of ill-health, the

scheme manager must determine the date of payment as being

the date on which the person became incapable of undertaking

regular employment because of infirmity of mind or body or, if that

date cannot be ascertained, the date of the member's request for

early payment. [Regulation 70(7)]

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If a deferred member requests deferral of payment of a deferred

pension beyond deferred pension age, or requests early payment

with an early payment reduction before deferred pension age, the

Scheme Manager will decide the payment date after the claim for

payment has been made.

Statement of Policy

The Scheme Manager will determine the date from which a

deferred pension will become payable in the situations described

in Regulation 70(7) and (8) on a case by case basis using

information provided by the claimant, any appropriate medical

professional, and with guidance from the Payroll and Pensions

Manager.

Allocation

14. Allocation election (Regulation 72)

The Scheme Manager must give consent for the allocation of a

portion of pension to a dependant, who is not the spouse, civil

partner or cohabiting partner of an active or deferred member.

(Consent can be withheld if the Scheme Manager is not satisfied

that the person nominated is not substantially dependent of the

active member.) [Regulation 72(3)(b) and (4)]

Statement of Policy

The Scheme Manager will give consent for the allocation of a

portion of pension to a dependent where acceptable evidence of

dependency is provided by the Scheme Member. At the time of

application the Scheme Manager will confirm to the member what

evidence is to be provided.

15. Adjustment of allocated benefit (Regulation 75)

If a member who has made an allocation election dies after

reaching age 75, and the amount of allocated pension does not

qualify as a dependant's scheme pension under section 167 of the

Finance Act 2004 (pension death benefit rules), the amount may

be adjusted in a manner determined by the Scheme Manager.

[Regulation 75(1) and (2)]

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Statement of Policy

The Scheme Manager will make any adjustments allowed under

Regulation 75(1) and (2) on a case by case basis.

Death Benefits

16. Meaning of "surviving partner" Regulation 76)

A cohabiting partner may be considered a "surviving partner" and

potentially qualify for a pension provided by meeting certain

conditions, one of which is that they must have been in a "long-

term relationship" – a continuous period of at least two years – at

the date at which entitlement needs to be considered. The

Scheme Manager has discretion to allow the person to qualify

where the period is less than two years. [Regulation 76(1)(b)(v)

and (2)]

Statement of Policy

The Scheme Manager will not use their discretion to allow a

person to qualify as a "Surviving Partner" where the relationship

has been in place for a period of at least two years.

17. Person to whom lump sum death benefit payable (Regulation

95)

The Scheme Manager has absolute discretion as to the recipient

of any lump sum death benefit payable. [Regulation 95]

Statement of Policy

The lump sum death benefit will be paid to whosoever the Scheme

Manager decides it should be. The discretion will be operated by

the Payroll and Pensions Manager in consultation with the

Strategic Enabler for People Support Services.

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18. Payment of pensions under Part 6 "Death Benefits"

(Regulation 100)

If a child's pension is due in respect of an eligible child under age

18, the Scheme Manager will determine to whom it should be paid

and will give directions to that person as to how the payment

should be applied for the eligible child's benefit. [Regulation

100(2)]

Statement of Policy

The child's pension in respect of an eligible child over the age of 7

will be paid to that child. A child's pension for a child over the age

of 7 will be paid to that child's surviving parent with instruction that

it should be applied for that eligible child's benefit.

19. Surviving partner's pensions and eligible child's pensions:

suspension and recovery (Regulation 101)

A Scheme Manager has the right to cease paying a surviving

partner's pension and/or eligible child's pension and recover any

payment made in respect of a pension where it appears to the

Scheme Manager that the recipient made a false declaration, or

deliberately suppressed a material fact in connection with the

award. (This does affect the Scheme Manager's right to recover a

payment or overpayment under any other provision where the

Scheme Manager considers it appropriate to do so.) [Regulation

101(2) and (3)]

Statement of Policy

The Scheme Manager will cease paying a surviving partner's

pension and/or eligible child's pension and recover any payment

made in respect of a pension where it appears to the scheme

manager that the recipient made a false declaration, or

deliberately suppressed a material fact in connection with the

awarded except in cases where the Strategic Enabler for Finance

and Resources deems it to be financially counter productive to do

so.

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20. Provisional awards of eligible child's pensions: later

adjustments (Regulation 102)

If children's pensions have been made to certain persons on the

basis that they were eligible children and there were no others,

and subsequently it appears that any of those children were not

eligible, or there was a further eligible child to whom no payment

has been made, or that a child born after the member's death is an

eligible child, the scheme manager has discretion to adjust the

amount of pensions as required in view of the facts as they

subsequently appear. The adjustments may be made

retrospectively. (This does not affect the scheme manager's right

to recover a payment or overpayment under any other provision

where the scheme manager considers it appropriate to do so.)

[Regulation 102(2) and (3)]

Statement of Policy

If children's pensions have been made to certain persons on the

basis that they were eligible children and there were no others,

and subsequently it appears that any of those children were not

eligible, or there was a further eligible child to whom no payment

has been made, or that a child born after the member's death is

an eligible child the scheme manager will adjust the amount of

pensions as required in view of the facts as they subsequently

appear. These adjustments will be made retrospectively where

required.

21. Adjustment of benefits to comply with fA2004 where members

die over 75 (Regulation 104)

If a member dies after reaching age 75 and any part of a pension

to which a person becomes entitled on the death would not qualify

as a dependant's scheme pension for the purposes of section 167

of the Finance Act 2004 (the pension death benefit rules), the

scheme manager has discretion to adjust the benefit payable to

the person so that it would qualify under that section of the Act.

[Regulation 104(1)(a) and (2)]

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Statement of Policy

If a member dies after reaching age 75 and any part of a pension

to which a person becomes entitled on the death would not qualify

as a dependant's scheme pension for the purposes of section 167

of the Finance Act 2004 (the pension death benefit rules), the

scheme manager will adjust the benefit payable to the person so

that it would qualify under that section of the Act.

Contributions

22. Member contributions (Regulation 110)

Where there is a change in scheme employment or a material

change which affects the member's pensionable pay in the course

of a financial year and the revised amount falls into a different

contribution rate band, the scheme manager must determine that

this rate should be applied and inform the member of the new

contribution rate and the date from which it is to be applied.

[Regulation 110(5)]

When identifying the appropriate contribution rate, a reduction in

pay in certain circumstances as listed in Regulation 110 are to

be disregarded. In addition, the Scheme Manager can specify

the circumstances in a particular case where a reduction in

pensionable pay will be disregarded. [Regulation 110(7) (h)]

Statement of Policy

Where there is a change in scheme employment or a material

change which affects the member's pensionable pay in the course

of a financial year and the revised amount falls into a different

contribution rate band, this rate will be applied from the first day

of the pay period following the date on which the material

change took effect. The member will be informed of the new

contribution rate and the date from which it is to be applied within

three months of the date when the new rate is first applied to their

pay.

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23. Contributions during absence from work due to illness, injury,

trade dispute or authorised absence (Regulation 111)

Where an active member is absent from scheme employment

because of illness or injury and not entitled to receive pensionable

pay, or because of trade dispute or authorised unpaid absence,

they may pay member contributions; if they do, the scheme

employer may require that they should also pay employer

contributions. [Regulation 111(2), (3) and (4)]

Statement of Policy

Where an active member is absent from scheme employment

because of illness or injury and not entitled to receive pensionable

pay, or because of trade dispute or authorised unpaid absence,

they will be allowed to pay contributions. The contribution payable

will be the total of both the member and employer contribution.

24. Deduction and payment of contributions (Regulation 114)

Member contributions due under Regulation 110 may be deducted

by the scheme employer from each instalment of pensionable pay

as it becomes due, unless another method of payment has been

agreed between the scheme manager and the member.

[Regulation 114(1)]

Contributions due in respect of absence from work on reserve

forces service leave may be deducted from any payment made

under Part 5 of the Reserve and Auxiliary Forces (Protection of

Civil Interests) Act 1951. [Regulations 114(2)]

Contributions which the member is required to pay, or has elected

to pay under Regulations 111 and 113 may be paid by a lump sum

or by deduction from instalments of pensionable pay as agreed

between the member and the scheme manager. [Regulation

114(3)]

Statement of Policy

Member contributions due under Regulation 110 will be deducted

from each instalment of pensionable pay as it becomes due.

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Contributions due in respect of absence from work on reserve

forces service leave will be deducted from any payment made

under Part 5 of the Reserve and Auxiliary Forces (Protection of

Civil Interests) Act 1951.

Contributions which the member is required to pay, or has elected

to pay under Regulations 111 and 113 may be paid by a lump

sum or by deduction from instalments of pensionable pay as

agreed between the member and Payroll and Pensions

Manager on behalf of the scheme manager.

Transfers

25. Statement of entitlement (Regulation 135)

The scheme manager must specify in a statement of entitlement

the "guarantee date" date by reference to which the cash

equivalent or club transfer value is calculated; this date must fall

within the three months beginning with the date of the member's

application for the statement of entitlement and within ten days

ending with the date on which the member is provided with the

statement. The scheme manager has discretion, if it believes

reasonable, to extend this date to within six months of the date of

the member's application if, for reasons beyond the scheme

manager's control, the information needed to calculate the transfer

value cannot be obtained before the end of the three-month

period. [Regulation 135(4)]

Statement of Policy

The Scheme Manager will extend the “guarantee date” to within 6

months of the date of the member’s application if, for reasons

beyond the scheme manager's control, the information needed to

calculate the transfer value cannot be obtained before the end of

the three-month period.

26. Request for acceptance of a transfer payment (Regulation

141)

There is a time limit of one year from becoming an active member

in which a person can request a transfer payment from a non-

occupational pension scheme. The scheme manager has the

discretion to extend this period. [Regulation 141(3)]

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Statement of Policy

The Scheme Manager will not extend the time limit in which a

person can request a transfer payment from a non-occupational

pension scheme.

27. Transfer statement (Regulation 142)

The Scheme Manager can require an active member to ask the

scheme manager of a previous non- club pension scheme to

provide a statement of the amount of transferred pension that

the member would be entitled to count provided that the transfer

date falls within two months of the date of the statement.

[Regulation 142(2)]

Statement of Policy

The Scheme Manager will require an active member to ask the

scheme manager of a previous non-club pension scheme to

provide a statement of the amount of transferred pension that the

member would be entitled to count where the transfer date falls

within two months of the date of the statement

28. Club transfer value statement (Regulation 144)

The Scheme Manager can require an active member to ask the

scheme manager of a previous club pension scheme to provide a

statement of the amount of transferred pension that the member

would be entitled to count provided that the transfer date falls

within two months of the date of the statement. [Regulation

144(2)]

Statement of Policy

The scheme manager will require an active member to ask the

scheme manager of a previous club pension scheme to provide a

statement of the amount of transferred pension that the member

would be entitled to count where the transfer date falls within two

months of the date of the statement

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Appeals and Determinations

29. Appeal concerning entries on the certificate (Regulation 148)

If a member is not satisfied with a certificate setting out the

details in their pension account(s) as required under Regulation

146, they can require the Scheme Manager to deal with their

disagreement under arrangements implemented by the Scheme

Manager in accordance with the requirements of section 50 of

the Pensions Act 1995 (resolution of disputes) and the

Occupational Pension Schemes (Internal Dispute Resolution

Procedures Consequential and Miscellaneous Amendments)

Regulations 2008. The Scheme Manager must have these

arrangements in place. [Regulation 148(1)]

Statement of Policy

If a member is not satisfied with a certificate setting out the details

in their pension account(s) as required under Regulation 146, the

scheme manager will deal with their disagreement under

arrangements implemented by the scheme manager in

accordance with the requirements of Section 50 of the Pensions

Act 1995 (resolution of disputes) and the Occupational Pension

Schemes (Internal Dispute Resolution Procedures Consequential

and Miscellaneous Amendments) Regulations 2008.

The process for dealing with such disagreements will be published

via the Intranet.

30. Determination by the Scheme Manager (Regulation 151)

It is the Scheme Manager that must determine whether a

person is entitled to an award or to retain an award.

[Regulation 151]

Statement of Policy

On a case by case basis the scheme manager will determine

whether a person is entitled to an award or to retain an award.

This determination will be made by the Payroll and Pensions

Manager in conjunction with the Strategic Enabler for People

Support Services.

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31. Role of IQMP in determinations by the Scheme Manager

(Regulation 152)

The Scheme Manager must select an Independent Qualified

Medical Practitioner to provide a written opinion in respect of

medical matters which may only be decided by having regard to

such an opinion. [Regulation 152(1)]

If a person wilfully or negligently fails to submit to medical

examination by the selected IQMP and the IQMP is unable to

give an opinion on the basis of the medical evidence available,

the Scheme Manager can make the determination based on

such medical evidence as the Scheme Manager thinks fit, or

without medical evidence. [Regulation 152(7)]

Statement of Policy

The Scheme Manager will select an Independent Qualified

Medical Practitioner to provide a written opinion in respect of

medical matters which may only be decided by having regard to

such an opinion.

Where a person wilfully or negligently fails to submit to medical

examination by the selected IQMP and the IQMP is unable to give

an opinion on the basis of the medical evidence available, the

scheme manager will make the determination based on such

medical evidence as the scheme manager thinks fit, or without

medical evidence. This discretion will be exercised by the

Strategic Enabler for People Support Services.

32. Review of medical opinion (Regulation 153)

Where a member requests a review of an IQMP's opinion in the

light of new evidence received by the scheme manager within 28

days of the member having received the opinion, the Scheme

Manager may agree to giving the IQMP the opportunity of

reviewing the opinion. [Regulation 153(1)]

Upon receiving the IQMP's response the Scheme Manager must

confirm or revise its original determination and advise the member

accordingly. [Regulation 153(4) and (5)]

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Statement of Policy

On a case by case basis, where a member requests a review of

an IQMP's opinion in the light of new evidence received by the

scheme manager within 28 days of the member having received

the opinion, the scheme manager may agree to giving the IQMP

the opportunity of reviewing the opinion.

Upon receiving the IQMP's response the Scheme Manager will

confirm or revise its original determination and advise the member

accordingly. The discretion will be exercised by the Strategic

Enabler for People Support Services.

33. Notice of appeal (Regulation 155)

If a member wishes to appeal against a determination made by the

scheme manager and their grievance lies in the medical opinion

upon which the determination was based, they can appeal to a

board of medical referees. The appeal must be made within 28

days of the date on which the member receives the relevant

documents under Regulation 154(4). If the appeal is not made

within this time limit and the scheme manager is of the opinion that

the person's failure to give notice within the required period was

not due to the person's own default, the scheme manager has a

discretion to extend the time limit for such period as the scheme

manager considers appropriate, not exceeding six months from

the date the Regulation 154(4) documents were supplied.

[Regulation 155(2)]

Statement of Policy

On a case by case basis the scheme manager will consider

extending the time limit during which a member can appeal to a

board of medical referees to a maximum of six months from the

date the Regulation 154(4) documents were supplied.

34. Reference of appeal to the board (Regulation 156 – See also

Regulation 161)

Where a member has given notice of appeal to a board of medical

referees, before the board arranges a time and place for the

interview and medical examination a member of the board will

review the documents supplied to the board in accordance with

Regulation 156.

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If the board member is of the opinion that the board may regard

the appeal as frivolous, vexatious or manifestly ill-founded the

board member will notify the Secretary of State accordingly. This

will be copied to the scheme manager who must, in turn, send a

copy of it to the scheme member advising that if their appeal is

unsuccessful, the member may be required to pay the scheme

manager's costs and requesting notification from the member as to

whether, in the circumstances, they wish to continue with, or

withdraw, the appeal. [Regulation 156(8) to (12)]

Statement of Policy

If a member of a board of medical referees, who has reviewed

appeal documents provided by the member, is of the opinion that

the board may regard the appeal as frivolous, vexatious or

manifestly ill-founded the board member will notify the Secretary

of State accordingly. The Scheme Manager will send a copy of

this notification to the scheme member advising that if their

appeal is unsuccessful, they will be required to pay the Scheme

Manager's costs and requesting notification from the member as

to whether, in the circumstances, they wish to continue with, or

withdraw, the appeal.

35. Procedure where appeal to be pursued (Regulation 157)

The Scheme Manager must decide which persons will attend the

interview as its representatives. The Scheme Manager must also

decide whether or not to submit written evidence or a written

statement (and must decide a response to any written evidence or

written statement from the appellant). [Regulation 157(6) to (9)]

Statement of Policy

On a case by case basis where an appeal is pursued the scheme

manager will decide;

1. Which persons will attend the interview as its

representatives.

2. Whether or not to submit written evidence or a written

statement.

3. How to respond to any written evidence of written statement

from the appellant.

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This decision will be made by the Strategic Enabler for People

Support Services.

36. Expenses of each party (Regulation 161)

If the medical appeal board determines in favour of the scheme

manager and states that in its opinion the appeal was frivolous,

vexatious or manifestly ill-founded, the scheme manager can

require the appellant to pay it such sum not exceeding the total

amount of the fees and allowances payable to the board under

Regulation 160(1) as the scheme manager considers appropriate.

[Regulation 161(2)]

If the appellant withdraws the appeal requesting cancellation,

postponement or adjournment of the date appointed for interview

and/or medical examination less than 22 working days before the

date appointed, the scheme manager can require the member to

pay it such sum not exceeding the total amount of the fees and

allowances payable to the board under Regulation 160(1) as the

scheme manager considers appropriate. [Regulation 161(3)(a)]

If the appellant's acts or omissions cause the board to cancel,

postpone or otherwise adjourn the date appointed or interview

and/or medical examination less than 22 days before the date

appointed, the scheme manager can require the member to pay it

such sum not exceeding the total amount of the fees and

allowances payable to the board under Regulation 160(1) as the

scheme manager considers appropriate. [Regulation 161(3)(b)]

Statement of Policy

If the medical appeal board determines in favour of the scheme

manager and states that in its opinion the appeal was frivolous,

vexatious or manifestly ill-founded, the scheme manager will

require the appellant to pay it a sum equal to the total amount of

the fees and allowances payable to the board under Regulation

160(1).

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37. Appeals on other issues (Regulation 163)

If a member disagrees with a scheme manager's determination

of award under Regulation 151 and the disagreement does not

involve an issue of a medical nature, the member can require the

scheme manager to deal with the disagreement under

requirements which the scheme manager must have in place in

accordance with section 50 of the Pensions Act 1995

(requirement for dispute resolution arrangements) and the

Occupational Pension Schemes (Internal Dispute Resolution

Procedures Consequential and Miscellaneous Amendments)

Regulations 2008. [Regulation 163]

Statement of Policy

If a member disagrees with a scheme manager's determination of

award under Regulation 151 and the disagreement does not

involve an issue of a medical nature, the scheme manager will

deal with their disagreement under arrangements implemented by

the scheme manager in accordance with the requirements of

section 50 of the Pensions Act 1995 (resolution of disputes) and

the Occupational Pension Schemes (Internal Dispute Resolution

Procedures Consequential and Miscellaneous Amendments)

Regulations 2008.

The process for dealing with such disagreements will be published

via the Intranet.

Payment of Pensions

38. Commutation of small pensions (Regulation 167)

If the pension entitlement of a member of the scheme, or the

pension entitlement of a member's beneficiary, does not exceed

the small pensions commutation maximum the scheme manager

may pay the entitlement as a lump sum. This would, however, be

subject to the consent of the recipient and must comply with the

commutation provisions that apply in the circumstances.

[Regulation 167(3)]

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Statement of Policy

If the pension entitlement of a member of the scheme, or the

pension entitlement of a member's beneficiary, does not exceed

the small pensions commutation maximum the scheme manager

will pay the entitlement as a lump sum, subject to the consent of

the recipient and will comply with the commutation provisions that

apply in the circumstances.

39. Payments for persons incapable of managing their affairs

(Regulation 168)

If it appears to the scheme manager that a person other than an

eligible child who is entitled to benefits under the scheme, is by

reason of mental incapacity or otherwise, incapable of managing

his or her affairs, the scheme manager may pay the benefits or

any part of them to a person having the care of the person entitled,

or such other person as the scheme manager may determine, to

be applied for the benefit of the person entitled. If the scheme

manager does not pay the benefits in this way, the scheme

manager may apply them in such manner as it may determine for

the benefit of the person entitled, or any beneficiaries of that

person. [Regulation 168]

Statement of Policy

Where it appears to the scheme manager that a person other than

an eligible child who is entitled to benefits under the scheme, is by

reason of mental incapacity or otherwise, incapable of managing

his or her affairs, the scheme manager will pay the benefits or any

part of them to a person having the care of the person entitled, or

such other person as the scheme manager may determine, to be

applied for the benefit of the person entitled.

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40. Payments due in respect of deceased persons (Regulation

169)

If, when a person dies, the total amount due to that person's

personal representatives under the scheme (including anything

due at the person's death) does not exceed the limit specified in

the Administration of Estates (Small Payments) Act 1965, the

scheme manager can pay the whole or part of the amount due to

the personal representatives or any person or persons appearing

to the scheme manager to be beneficially entitled to the estate,

without requiring the production of grant of probate or letters of

administration. [Regulation 169]

Statement of Policy

If, when a person dies, the total amount due to that person's

personal representatives under the scheme (including anything

due at the person's death) does not exceed the limit specified in

the Administration of Estates (Small Payments) Act 1965, the

scheme manager will pay the whole or part of the amount due to

the personal representatives or any person or persons appearing

to the scheme manager to be beneficially entitled to the estate,

without requiring the production of grant of probate or letters of

administration.

Forfeiture

41. Forfeiture: offences committed by members, surviving

partners or eligible children (Regulation 171)

If a member, surviving partner or eligible child is convicted of a

relevant offence, the scheme manager can withhold pensions

payable under the scheme to a member, any person in respect of

the member, a surviving partner or an eligible child, to such extent

and for such duration as it considers appropriate. "Relevant

offence" is defined in this Regulation.

The definition includes offences injurious to the State (including

treason) or likely to lead to a serious loss of confidence in the

public service. There are certain conditions set out in the

Regulation, e.g. it is only the part of the pension that exceeds any

guaranteed minimum pension that can be withheld. [Regulation

171(1), (2), (3) and (5).]

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Where a pension is withheld, the scheme manager can at any

time, and to such extent and for such duration as the manager

thinks fit, apply the pension for the benefit of any dependant of the

member or restore it to the member. [Regulation 171(4)]

Statement of Policy

If a member, surviving partner or eligible child is convicted of a

relevant offence, the scheme manager will withhold pensions

payable under the scheme to a member, any person in respect of

the member, a surviving partner or an eligible child, to such extent

and for such duration as it considers appropriate, subject to a

maximum of the amount by which the pension exceeds any

guaranteed minimum pension.

On a case by case basis where a pension is withheld, the scheme

manager will consider at three monthly intervals, to any extent

and for such duration as the manager thinks fit, applying the

pension for the benefit of any dependant of the member or

restoring it to the member.

42. Forfeiture of pensions: offences committed by other persons

(Regulation 172)

If a surviving partner or eligible child is convicted of the murder of

a scheme member from whose benefits their pension would be

derived the scheme manager must withhold all of the survivor's or

child's pension otherwise payable. However, if a surviving partner

or eligible child is convicted of the manslaughter of the member or

any other offence, apart from murder, of which the unlawful killing

of the member is an element, the scheme manager has discretion

as to whether or not to withhold the pension to which they would

otherwise be entitled. The amount withheld must only be that part

of the pension which exceeds any guaranteed minimum pension.

If the conviction is subsequently quashed, the pension must be

restored with effect from the day after the date on which the

member died. If, after the conviction has been quashed, the

person is again convicted of murder, manslaughter or an

associated offence as outlined above, any restoration is cancelled.

[Regulation 172(1) to (5)]

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Statement of Policy

The discretion to withhold part of a pension under Regulation 172

(1) to (5) will be exercised on a case by case basis by the

Strategic Enabler for People Support Services.

43. Forfeiture of lump sum death benefit: offences committed by

other persons (Regulation 173)

If a person is convicted of a relevant offence, i.e. the murder or

manslaughter of the member, or any other offence of which the

unlawful killing of the member is an element, the scheme manager

must withhold all of any lump sum death benefit payable to that

person.

If, however, the conviction is subsequently quashed on appeal, the

scheme manager may, to such extent and for such duration as it

thinks fit, restore to the person the amount of benefit withheld. If,

after the conviction has been quashed, the person is again

convicted of murder, manslaughter or an associated offence as

outlined above, any restoration is cancelled. [Regulation 173]

Statement of Policy

The discretion to restore part of a pension withheld under

Regulation 173 will be exercised on a case by case basis by the

Strategic Enabler for People Support Services.

44. Forfeiture: relevant monetary obligations and relevant

monetary losses (Regulation 174)

If a member has a relevant monetary obligation or has caused a

relevant monetary loss, the scheme manager may, to such extent

and for such duration as it considers appropriate, withhold

benefits payable to that person under the scheme. "Relevant

monetary obligation" and "relevant monetary loss" are defined in

the Regulation. There are certain limits, e.g. the amount withheld

may only be that which exceeds the person's guaranteed

minimum pension and the scheme manager may only withhold it

if there is no dispute about the amount or, if there is, there is a

court order or the award of an arbitrator.

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The monetary obligation must have been incurred to the

employer after the person became an active member and arising

out of or connected with the scheme employment in respect of

which the person became a member of the scheme, and arising

out of the person's criminal, negligent or fraudulent act or

omission. The procedure is set out in Regulation 176.

[Regulation 174]

Statement of Policy

The discretion to withhold part of a pension under Regulation 174

will be exercised on a case by case basis by the Strategic Enabler

for People Support Services.

45. Set-off (Regulation 175)

A scheme manager has a discretion to set off a "relevant

monetary obligation" against a member's entitlement to

benefits under the scheme, subject to certain conditions which

are similar to those contained in Regulation 174 (Forfeiture).

The procedure is set out in Regulation 176.] [Regulation 175]

Statement of Policy

The scheme manager will set off any “relevant monetary

obligation” against a member’s entitlement to benefits.

Payment and Deduction of Tax

46. Payment on behalf of members of lifetime allowance charge

(Regulation 178)

At a scheme member's request, the scheme manager may pay on

the member's behalf any amount that is payable by way of the

lifetime allowance charge under section 214 of the Finance Act

2004. The scheme manager may only comply with the request if

the member pays it the amount in question on or before the date

on which the event occurs or the member authorises the deduction

of the amount from a lump sum becoming payable to the member

under the scheme at the same time as the event occurs.

[Regulation 178]

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Statement of Policy

At a scheme member's request, the scheme manager will pay on

the member's behalf any amount that is payable by way of the

lifetime allowance charge under section 214 of the Finance Act

2004. The scheme manager will only comply with the request if

the member pays it the amount in question on or before the date

on which the event occurs or the member authorises the

deduction of the amount from a lump sum becoming payable to

the member under the scheme at the same time as the event

occurs.

47. Evidence of Entitlement (Regulation 184)

The scheme manager can require any person who is in receipt of

a pension or may have entitlement to a pension or lump sum

under the scheme to provide such supporting evidence as the

scheme manager may reasonably require so as to establish the

person's identity and their continuing or future entitlement to the

payment of any amount under the scheme. [Regulation 184(1)

and (2)]

If a person fails to comply with the scheme manager's

requirements in this respect, the scheme manager can withhold

the whole or part of any amount that it otherwise considers to be

payable under the scheme. [Regulation 184(3)]

Statement of Policy

The scheme manager will require any person who is in receipt of a

pension or may have entitlement to a pension or lump sum under

the scheme to provide appropriate evidence to establish the

person's identity and their continuing or future entitlement to the

payment of any amount under the scheme.

If a person fails to comply with the scheme manager's

requirements in this respect, the scheme manager will withhold

the whole or part of any amount that it otherwise considers to be

payable under the scheme.

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48. Amount of accrued added pension may not exceed overall

limit of extra pension (Schedule 1, Part 1, Paragraph 4)

The total amount of accrued added pension must not exceed a

certain limit. If it appears to the scheme manager that a member

who has elected to make periodical contributions will exceed the

limit the scheme manager may cancel the election (by written

notice to the member). [Schedule 1 Part 1, Paragraph 4]

Statement of Policy

If it appears to the scheme manager that a member who has

elected to make periodical contributions will exceed the limit

prescribed in the regulations the scheme manager will, having

provided written notice to the member, cancel the election.

49. Member's Election to make periodical contributions for added

pension (Schedule 1, Part 1, Paragraph 7)

If a scheme member wishes to make periodical payments for

added pension, the scheme manager can set a minimum amount

which must be paid. [Schedule 1, Part 1, Paragraph 7(3)]

Statement of Policy

The scheme manager will not allow a member to make periodic

payments for added pension of less than £10 per month.

50. Periodical payments (Schedule 1, Part 2, Paragraph 8)

If a scheme member wants to make periodical payments for added

pension, but does not want them to be deducted from pensionable

pay, the scheme manager may agree another method of payment.

[Schedule 1 Part 2, Paragraph 8 (3)]

Statement of Policy

The scheme manager will not allow a member to make periodical

payments for added pension except by deduction from

pensionable pay.

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51. Periodical payments during periods of assumed pensionable

pay (Schedule 1, Part 2, Paragraph 10)

After a period of assumed pensionable pay or a period of

reduced pay, the member may give written notice to the scheme

manager authorising the employer to deduct the aggregate of

payments – which would have been made but for the leave –

from the member's pay during the period of six months from the

end of the period of reduced pay. The scheme manager can

extend this period of six months. [Schedule 1 Part 2, Paragraph

10(4)]

Statement of Policy

Where a member gives written notice authorising the deduction of

aggregate payments from their pay the scheme manager will

extend the period of repayment to a maximum of two years. This

discretion will be exercised by the Payroll and Pensions Manager.

52. Meaning of "tapered protection closing date" (Schedule 2,

Part 1, Paragraph 3)

The tapered protection closing dates for tapered protection

members are given in the 1992 scheme tables in Schedule 2

Part 4. In most cases the appropriate closing date can be

ascertained by reference to the band of dates in which the

firefighter's birthday falls. The tapered protection date for a

tapered protection member of FPS 2006 to whom paragraph 9(5)

or 21 applies (members returning to pensionable service) is

determined by the scheme manager. [Schedule 2 Part 1,

Paragraph 3(3); Schedule 2 Part 2, Paragraph 9(5); and Schedule

2 Part 3, Paragraph 21]

Statement of Policy

The tapered protection date for a tapered protection member of

FPS 2006 to whom paragraph 9(5) or 21 applies (members

returning to pensionable service) is determined by the scheme

manager. This determination will be exercised by the Payroll and

Pensions Manager.

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Pay Policy Statement 2019-2020 - Remuneration and relationship between Chief Officer's and Lowest Paid Employees Appendix 1D

Job

Remuneration

(including

allowances)

Base Salary Range

(excluding

allowances)

Pay Relationship to CFO

Min

Max

BRIGADE MANAGERS

Chief Fire Officer **

£170,878

N/A

Set by Appointments Committee

Deputy Chief Fire Officer **

£136,912

N/A

Set by Appointments Committee

Assistant Chief Fire Officer (Service Delivery) **

£128,421

N/A

Set by Appointments Committee

Lowest Paid Employees (Grey Book)

Firefighter (Control)

£29,006

£22,669

£29,006

0.16

Lowest Paid Employees (Green Book)

Cleaner

£17,364*

0.09

GREY BOOK EMPLOYEES (Operational)

Firefighter

N/A

£23,862

£30,533

0.14-0.18

Crew Manager

N/A

£32,452

£33,851

0.19-0.20

Watch Manager

N/A

£34,583

£37,854

0.20-0.22

Station Manager ***

£52,114

£39,374

£43,428

0.23-0.25

Group Manager ***

£60,324

£45,347

£50,270

0.27-0.29

Area Manager ***

£70,076

£53,238

£58,397

0.31-0.34

GREY BOOK EMPLOYEES (Fire Control)

Firefighter (Control)

N/A

£22,669

£29,006

0.13-0.17

Crew Manager (Control)

N/A

£30,829

£32,158

0.18-0.19

Watch Manager (Control)

N/A

£32,854

£35,961

0.19-0.21

Station Manager (Control)***

£49,508

£37,405

£41,257

0.22-0.24

Group Manager (Control)***

£57,308

£43,080

£47,757

0.25-0.28

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GREEN BOOK EMPLOYEES

Pay Point 102

Pay Point 101

Pay Point 100

N/A

£104,581

£65,527

£59,435

N/A

0.61

0.38

0.35

Pay Band Manager 1 – SCP 51-59

Pay Band Manager 2 and Professional 1 - SCP 36-50

Pay Band Manager 3, Professional 2 and Technical 1 - SCP 27-35

Pay Band Professional 3, Technical 2 and Administrative 1 - SCP 15-26

Pay Band Technical 3 and Administrative 2 - SCP 5-14

Pay Band Administrative 3 and Operative 1 - SCP 2-5

Pay Band Administrative 4 and Operative 2 - SCP 1

N/A

£47,600

£38,813

£30,507

£22,911

£18,795

£17,711

£17,364

£57,177

£46,464

£37,849

£29,636

£22,462

£18,795

£17,364

0.28-0.33

0.23-0.27

0.18-0.22

0.13-0.17

0.11-0.13

0.10-0.11

0.10-0.10

NOTES:

*WMFS is committed to ensuring all employees are paid no less than the

National Living Wage which on 5 November 2018 increased to £9 per

hour, equivalent to £17,364 per annum. Lowest paid employees salary

was increased in November to the Living Wage and they will continue to

benefit from this increase but will not be entitled to any increase applied

to NJC rates unless this results in their existing spine point exceeding

the National Living Wage.

All these figures are subject to change if/when pay

awards are determined. The NJC Pay award from 1

st

April 2019 has now made

the lowest pay point payable equal to the Living Wage. The lowest paid

employees will however to continue from increases to the living wage as these

become payable and exceed the NJC rates.

**Salaries incorporates on-call/continuous cover

*** Salaries inclusive of 20% Flexi Duty Allowance

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