This page lists court judgments and TPO determinations which have direct or consequential impacts on the Firefighters' Pension Schemes, as well as any resources that have been developed in response to the relevant case law.
Scheme | Title | Summary | Related resources | Court/ Body | Date |
FPS | DSFRA v HMRC and Howell (PDF, 31 pages, 287kb) | A case concerning the application of the transitional provisions in FA04 to discretionary early retirement rights. | High Court | 13/02/2023 | |
LGPS (Scotland) | PO-22730 Mr N - Police Scotland (PDF, 4 pages, 564kb) | Duty for employer to inform member of scheme changes which may affect their retirement benefits. Upheld. | TPO | 29/01/2020 | |
PPS 1987 | PO-23014 Mr N - Metropolitan Police Service (MPS) (PDF, 5 pages, 680kb) | Complaint relates to option to uprate a widow’s pension in respect of pre 01 04 1972 service; similar provisions applied to firefighters. Not upheld. | TPO | 14/08/2019 | |
FPS - Wales | Booth v MWWFRA (PDF, 20 pages, 178kb) | Appeal of TPO determination PO-14863 concerning the treatment of four specific elements of pay as pensionable or otherwise. | Pensionable pay factsheet (PDF, 9 pages, 611kb) | High Court | 29/03/2019 |
Private sector occupational scheme | Walker v Innospec Ltd (PDF, 28 pages, 508kb) | Equalisation of same sex survivor benefits. |
SI 2019/378 (HTML) FPS technical note 4 (PDF, 4 pages, 362kb) |
Supreme Court | 12/07/2017 |
PPS 1987 | PO-7096 Mr John Cherry - 1) The PCC of South Wales 2) Capita | The complaint against the Commissioner and Capita relates to their failure to inform the member of the tax penalties on his retirement benefits when taking subsequent re-employment. Upheld. | Eversheds UK Pensions Speedbrief: Protected pension ages – employer duty to provide information (HTML) | TPO | 22/12/2015 |
NILGOSC | Brewster v NILGOSC (PDF, 63 pages, 579kb) | Removal of requirement to complete a nomination form for a cohabiting partner survivor benefit. |
SI 2018/997 (HTML) FPS technical note 3 (PDF, 6 pages, 272kb) |
Court of Appeal (Northern Ireland) | 01/10/2013 |
FPS | Norman v Cheshire FRS (PDF, 30 pages, 224kb) | Whether certain sums received are pensionable pay under the FPS: retaining fee, disturbance fee, public holiday pay. |
Norman v Cheshire: a case summary [Weightmans] (PDF, 14 pages, 289kb) |
High Court | 14/12/2011 |
FPS | Marrion & Ors, R v Board of Medical Referees & Ors (HTML) | That permanent incapacity should include duties appropriate to the role, in addition to engaging in firefighting. |
FPSC 8/2009 (PDF, 4 pages, 46kb) |
Court of Appeal | 06/04/2009 |
FPS | Kent and Medway Towns Fire Authority v Pensions Ombudsman and Hopper (PDF, 12 pages, 1,095kb) | Pay in lieu of annual leave not to be treated as pensionable pay. | High Court | 02/10/2001 |