Select Committee on Defence First Report


7 Conclusion

135. An Armed Forces (Pensions and Compensation) Bill has begun its passage through Parliament. There seem to be two basic assumptions behind the new pension and compensation schemes which the Government intends to implement under this legislation.

A special case

136. The first assumption is that Armed Forces personnel are like other public servants, and should be treated like other public servants. This would explain why the Government considers that a balance of probabilities standard of proof is appropriate for Armed Forces compensation claims, and why the Government thinks it reasonable to raise the preserved pension age to 65, before being pushed to do so by the Treasury. We regard this first assumption as unsound.

Opportunity to work

137. The second assumption is that personnel do not usually serve a full-length career in the Armed Forces, and that it is therefore reasonable to expect them to continue to work to the normal retirement age once they leave the forces. There is of course much truth in this assumption, and many former Armed Forces personnel do go on to rewarding careers elsewhere. But the belief in the MoD that personnel leave the Armed Forces today better equipped for other employment than in the past may be true for many personnel, but it is not true for all. The cushion of the new early departure scheme will be much less soft than that of the current immediate pension. The most vulnerable personnel will feel the impact. Also, we do not think it unreasonable, given the intense commitment and sheer energy of work that the Armed Forces devote to protecting their country, that they should expect to be able to retire on a full pension a little earlier than those who work elsewhere, often for much more money. The police and fire service, the nearest comparable occupations, have far more generous benefit entitlements than the Armed Forces. The Armed Forces perform tasks often more dangerous than, but otherwise similar (and occasionally identical) to those performed by the police and fire services, yet only a small minority will receive their pension at 55, the majority at 65.

A few winners, but many losers

138. For personnel who die or are injured in the service of their country, for personnel who choose not to marry, but have a registered unmarried partnership, and for personnel whose actual salaries are greater than the representative salaries for their rank, there are undoubted advantages to the new schemes over those currently in operation. There are also advantages to the dependants of personnel, to those personnel who enlist before the age of 21, and to the few who are allowed to serve to the age of 55. But there are also those who will lose out under the new scheme: those who leave the forces unharmed before the age of 55 (the vast majority), and those who are unable to prove on a balance of probabilities that an illness or injury was caused by service, perhaps because it cannot be determined how it was caused.

Parliament's role

139. The overall annual value of the new schemes has been diminished to account for new estimates of increased longevity, in a way which seems to us to be arbitrary and unfair. The MoD refuses to increase the value of the schemes because it is supposedly committed to cost neutrality. This decrease in the cost of the schemes should also have been resisted on the same grounds.

140. In 2002, we stated our belief that the proposed pension scheme needed to take best practice as its starting point, rather than 'cost neutrality'; and our conviction that the proposed compensation scheme sacrificed fairness and justice for simplicity. At the same time neither scheme did justice to Armed Forces personnel.

141. The schemes remain hamstrung by 'cost neutrality', and therefore fail to recognise the unique commitment that the Armed Forces make to their country. There have been some welcome changes to elements of the schemes, but these are, and can be, little more than tinkering in the absence of a broader outlook. We are also unhappy that important aspects of the schemes have yet to be finalised.

142. When it comes to negotiating pension and compensation entitlements, it seems to us that the Armed Forces are disadvantaged, because they have no-one to negotiate on their behalf as employees. Parliament therefore has a vital role to play in ensuring that the Armed Forces get the pension and compensation schemes that they deserve.


 
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Prepared 16 December 2003