Stakeholders will be aware of the category of members of the Firefighters’ Pension Scheme 2006 (FPS 2006) known as “special members” who were introduced in 2014, following Matthews v Kent and Medway Towns Fire Authority & others, which allowed retained firefighters employed between 1 July 2000 and 5 April 2006 to join the FPS 2006 with retrospective effect to 1 July 2000.

Following the introduction of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, a claim was made by a number of retained firefighters that they should receive equal treatment with full-time regular firefighters and thereby be able to access pension benefits under the Firefighters' Pension Scheme 1992 (FPS 1992). The claim proceeded through the Employment Tribunal and Court of Appeal before judgment was given in the House of Lords in favour of the retained firefighters.

Although, since 6 April 2006, retained firefighters have been eligible to join the FPS 2006, the House of Lords judgment allowed those who were serving during the period 1 July 2000 to the date on which they elected to join the FPS 2006, to have special provisions which generally reflect the rules of the FPS 1992. They could not be given backdated membership of FPS 1992 because that scheme is now closed. Consequently FPS 2006 was amended to introduce pension benefits for these "special" retained firefighters.

The relevant information relating to the two options exercise in 2014 and 2023 are shown on the relevant pages relating to each exercise.

The regulations for each exercise are within the drop down menu below:

 

The relevant regulations that amended the FPS 2006 in 2023 to allow retained firefighters access as special modified members as part of the 2023 second options exercise are listed below:

SI Title Date into Force
986/2023 Firefighters' Pension Schemes (England) (Amendment) Order 2023 1 October 2023

 

The relevant regulations that amended the FPS 2006 in 2014 to allow retained firefighters access as special modified members are listed below:

SI Title Date into force
2014/445

The Firefighters’ Pension Scheme (England) (Amendment) Order 2014

01/04/2014
2014/446

The Firefighters’ Pension Scheme (Amendment) (England) Order 2014

01/04/2014
2014/447

The Firefighters’ Compensation Scheme (England) (Amendment) Order 2014

01/04/2014
2015/590

The Firefighters’ Compensation Scheme and Pension Scheme (England) (Amendment) Order 2015

01/04/2015