Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Communities and Local Government, whether firefighters aged 55 who fail a fitness test will receive an unreduced pension; and whether he plans to bring in legislative proposals to make this a statutory right.

It is not possible to introduce fitness regulations as part of the pension regulations in the absence of an agreed and universally applied national firefighter fitness standard in England. The statutory principles that we put in the Fire and Rescue National Framework for England came into force on 12 January 2015. To underpin these the National Employers have sought further discussion with the Fire Brigades Union in respect of additional guidance relating to the position already agreed in principle within the National Joint Council for Local Authority Fire and Rescue Services about the role fire authorities will take in supporting operational employees to maintain their fitness. In addition, the National Employers are looking to discuss with the unions, guidance on application of the factors set out in Pension Regulations for fire authority consideration in relation to Authority Initiated Early Retirement. Both approaches are expected to provide reassurance to operational employees that fire authorities will continue to treat their employees in a fair and consistent manner.

We will review the implementation of the National Framework principles in three years time and consider then whether further action is needed. In the meantime no firefighter will have to work beyond their current expected retirement date until 2022 at the earliest. Our expectation is that a firefighter of 55 or over who finds themselves in the situation of losing their fitness through no fault of their own, is unable to regain their fitness, and for whom there are no redeployment opportunities, should be offered an unreduced pension.

Where underlying medical reasons have been identified that restrict or prevent an individual from achieving the necessary fitness standards for undertaking their role as a firefighter, the individual should be referred to occupational health, and must receive the necessary support to facilitate a return to operational duties. The fire and rescue authority should also fully explore opportunities to enable the individual to remain in employment, including through reasonable adjustments and appropriate redeployment within the role, where it appears the medical condition prevents a return to operational duties. In those circumstances, where there are no such opportunities or suitable alternative employment is unavailable, then the fire and rescue authority will commence the formal assessment for ill-health retirement by referring the case to the Independent Qualified Medical Practitioner. Where it is determined that a firefighter is permanently unable to continue in their role as a firefighter they would become entitled to the immediate payment of a lower tier ill-health pension. In addition to this, they would also receive a higher tier ill-health enhancement if it was also determined that they could not undertake any regular employment. The definition of ill-health is wide, and includes both physical and mental conditions, including arthritis and post-traumatic stress syndrome. It is important to note that, where a firefighter is deemed eligible for medical retirement, the authority must pay the ill-health pension - there is no discretion.

Any firefighter will continue to be free to choose to retire from 55 onwards should they wish to, regardless of their fitness. In such circumstances, any benefits accrued in the 1992 and 2006 firefighters' pension schemes would be paid in full, while benefits earned in the 2015 scheme would be actuarially reduced by 21.8 per cent for a firefighter retiring on their birthday at 55, and reduced on a daily basis thereafter. The actuarial reduction of 21.8 per cent at age 55 compares very favourably with a reduction of over 40 per cent applied to firefighters at the same age in the 2006 scheme. The 2006 scheme also introduced a normal pension age of 60. Overall, our measures give firefighters one of the most generous pensions in the public sector and the strongest protections available for any public sector workforce on fitness and ageing.