The Firefighters’ Pension Scheme 1992 (the 1992 Scheme); The New
Firefighters’ Pension Scheme (Wales) (the 2007 Scheme); and The
Firefighters’ Pension Scheme (Wales) 2015 (PO-14863)

Ombudsman’s Determination

Complaint Summary

Mr W et al complain that the Authority is not treating certain elements of their pay as pensionable. They believe this is contrary to the 1992, 2007, and 2015, Scheme rules.

The relevant rules are set out in The Firemen’s Pension Scheme Order 1992 (as amended) (the 1992 Regulations), The Firefighters‘ Pension Scheme(Wales) Order 2007 (the 2007 Order), and The Firefighters’ Pension Scheme (Wales) Regulations 2015 (the 2015 Regulations), respectively (see the Appendix).

The pay elements in dispute are Training allowance, Day crewing allowance, Self-rostered crewing (SRC) allowance and Urban Search and Rescue (USAR) allowance.

Summary of the Ombudsman’s Determination and reasons

The complaint is partly upheld against the Authority because it has wrongly interpreted the Scheme rules and relevant case law in relation to some of the pay elements in dispute. In particular, Mr W’s Training allowance and Mr E’s USAR allowance payments should be considered pensionable pay.

I do not uphold Mr H’s complaint, as the Authority is treating his Day Crewing allowance as pensionable and, in any event, I find it is not required to do so under the relevant Regulations and case law.