TA Pensions - Test Case???

#1
Take a look at the June 2003 edition of Soldier Mag page fifty something - advert for TA & Reservists Pensions.

Looks like a group are going to go for it. And the best of luck to you.

I believe the solicitors involved are "Heald & Co".

Think the add is to get enough together to go for a test case.

"Fire for effect"

:? :? :?
 
#2
surely to be in the TA and qualify for an army pension theyd have to do about 450 years to get the time in.
 
#3
Check firing.

My understanding is that the Armed Forces have a specific exemption under the Treaty of Rome ( article 117? ) that gives pensions rights to part time workers. This does seem patently discriminatory but there we are.

Also note that, as far as I am aware, the reason for FTRS etc as against joing the Regular Army for a limited period is precisely so that TA dudes cannot claim pension rights.

Perhaps a grown up can correct me.

BB
 
#5
I think the case is being taken using the "pro-rata" system to establish any entitlement to a TA pension.

However I think it will fail under the Reserve Forces Act which is specifically mentioned in the Part Time Workers legislation as being excluded.

So 490 years may be accurate...
 
#6
that would be 59p a month for a WO2
 
#7
So the Govt organises an opt out of legislation to make sure it doesn't have to pay a few million out to the TA but doesn't opt out of legislation that allows some low rent foreign lawyer citing any Tom as a war criminal anytime.

Good job we've got a Govt that looks after our interests.
 
#8
they started a Pension of sorts for Reservists in the Canadian Forces, but I'm not familiar with how it works.
Then again knowing them it's probably been canceled now
 
#9
when i signed up i assumed the bounty was instead of a pension
 
#10
Hi I have been in contact with a firm in Leeds who are working on this if anyone wants information (copy of all emails sent and recieved) let me know I will send them on to You.
 
E

error_unknown

Guest
#11
If I remember rightly:
http://www.army.mod.uk/linked_files/apc/tares/drfc_rb.doc

At the end of this document there is a section on test pensions for reservists.

20. Reserve Forces Pension Scheme (RFPS). RFPS introduction has been delayed because of time needed to negotiate agreement with the Treasury and Inland Revenue. Work on the new rules and regulations for the RFPS is underway by the RFPS working group. This will mirror closely the work being done on the new AFPS. Work is expected to be completed later this year to meet implementation date of Apr 05.
 
#12
There is a TA pension of sorts now, but it only applies to those who regularly deploy in spt of the Regs, & fill in when there isn't enough of them. Its called the FTRS pension which is due to change somewhat from 6 April 05.

Or am I wrong?
 
#13
As I understand it, EU law gives pension rights to any worker exceeding 16 hours a week over a 17 week period. I would asume that a lot of TA soldiers will exceed this given that on excercise you work 24 hours a day as it were! You would only need 12 days training in a 17 week period to qualify, so annual camp etc would get you pension entitlement.

However this is probably the very reason it is avoided by the Govt/MOD as the paperwork and recording of hours worked etc would be a nightmare as for the costs, well when does a TA soldier retire? 40, 50? That said, does mobilised service count towards pension?
 
#14
What really spoils it for us STABs is that the grownups have a fabulously generous non-contributary scheme - something that not many civvies will get, while the mod classes us as casual so that no provision is required.

Not so casual when the envelope comes through the door... During my last period of mobilised service the army very kindly paid the employers contribution of my civvy pension and made a deduction from my wage so I didn't have a contribution gap, and I kept my "death in service" benefits. I thought this was the norm.

All power to the group action
 
#15
WhiteHorse said:
As I understand it, EU law gives pension rights to any worker exceeding 16 hours a week over a 17 week period. I would asume that a lot of TA soldiers will exceed this given that on excercise you work 24 hours a day as it were! You would only need 12 days training in a 17 week period to qualify, so annual camp etc would get you pension entitlement.

However this is probably the very reason it is avoided by the Govt/MOD as the paperwork and recording of hours worked etc would be a nightmare as for the costs, well when does a TA soldier retire? 40, 50? That said, does mobilised service count towards pension?
As I mentioned earlier, I gather Article 117 (?) of the Treaty of Rome specifically excludes Reserve Forces.
 
#16
I thought the Treaty of Amsterdam replaced Article 117 with Article 136,( I don't know if the excusion is still there) but I gather the "The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000" has some bearing and that it implies that part time workers can include the Reserve Armed Forces, so the local barrrack room laywer tells me :wink:
 
#17
Part_Timer said:
while the mod classes us as casual so that no provision is required.
 
#18
Part_Timer said:
Part_Timer said:
while the mod classes us as casual so that no provision is required.
Yes but if you have to reach a standard of professional ability (ie FFR) how can you be classed as casual? I think this is where any legal challenge may be headed, as if there are agreed commitments and your Period of employment passes a cetain period of time you are protected by the regulations, after all how can someone be FFR for 20 years and still be classed as casual?
 
#20
There is another dimension to this; anyone who has served on an S Type engagement does accumulate pension credits.

However if you are below the two-year period, they say you get an additional payment to your state pension.

Just got to wait thirty years to find out!
 

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