TO: BRIGADE SECRETARIES
LATEST UPDATE RE THE FBU FAIRER COMMUTATION CAMPAIGN
Previous FBU updates on this topic have outlined that the Government Actuary’s Department (GAD) had been given permission to appeal the decision of the High Court last year in relation to the jurisdiction of the Pension Ombudsman.
GAD had appealed about several areas surrounding the authority of the Pension Ombudsman in relation to the ongoing the FBU Fairer Commutation Campaign.
We were informed that the case had been listed for the 10 or 11 July 2013. It was heard by the Court of Appeal on 10 July 2013. Judgment has been reserved and we have been given no indication of when it will be issued. We have been informed that in the meantime, the Pension Ombudsman will not be taking any steps to progress the case.
The latest update from the Pension Ombudsman’s office is available on their website and explains the background to this latest appeal.
It outlines that the judicial review instigated by GAD was heard in June 2012. At that time the Judge decided that GAD is fully within the Pension Ombudsman’s jurisdiction in relation to this complaint. GAD subsequently applied for permission to appeal to the Court of Appeal and on 31 October the Judge refused to grant permission. GAD then applied to the Court of Appeal appealing against the Judge’s decision refusing permission. It is the ruling from this latest appeal that has not been handed down yet.
FBU members should note that there is still no need for them to take any further action at this point and the Pension Ombudsman clarified that they plan to use complaints from the ones we have already received as “lead” complaints.
Please feel free to distribute this note which will be placed on the FBU website.
Yours in Unity,