The Local Government Association and the Fire Brigades Union have been in discussions to identify a framework to process Immediate Detriment cases prior to legislation being passed to remedy age discrimination following the Sargeant ruling. That framework has now been agreed and is known as the Immediate Detriment Framework ("IDF").
The IDF applies to a small number of members in the following two categories:
- Affected members who are approaching retirement (benefits not in payment)
- Affected members who have already retired and have benefits in payment
- Affected members who did not qualify for ill-health retirement under the 2015 Pension Scheme but would do under the 1992 Pension Scheme
The IDF states that members who believe they are Category 1 or Category 2 members may give written notice to their Fire and Rescue Authority ("FRA"), requiring them to investigate their case.
Where written notice is given, FRAs must acknowledge receipt within 14 days of receiving it, and either confirm that the member is entitled to a remedy under the IDF or give reasons why, in their view, the member is not entitled to a remedy under the IDF.
If the FRA accepts that the member is entitled to a remedy under the IDF, they must provide the member with calculations in accordance with the IDF together with an options form, within 62 days of receiving written notice.
Once the member has returned their completed options form, the FRA has 28 days following receipt of the options form to put the requested benefits into payment. If the member has submitted written notice as part of the retirement process, the benefits will be put into payment as part of the normal retirement process.
Members who wish to give written notice under the IDF should do so by email to: firstname.lastname@example.org