I'm in the Firefighters' Pension Scheme (FPS). I've been told that one day more people will be members of the New Firefighters Pensions Scheme than the FPS and when this happens the old scheme will be closed. Is that legal?

There are now two Firefighters' Pension Schemes both set up under Statutory instruments: the original Firefighters' Pension Scheme (FPS) which is outlined in The Firefighters' Pension Scheme Order 1992 and The New firefighters' Pension Scheme (NFPS) which is outlined in the Firefighters' Pension Scheme Order 2007.

Additional benefits are also provided via the Firefighters' Compensation Scheme Order 2006.

As these schemes are set up under statute, they can only be amended or closed by due process, including consultation.

The term "closed" can mean one of two things: 1. closed to new members or 2. a scheme where no further benefits can build up within the scheme.

The original Firefighters' Scheme was closed to new members in 2006. However, those in the scheme prior to this date continue to accrue these benefits into the foreseeable future.

But it is feasible that in years to come, the government may try to stop members accruing further benefits under the scheme and either transfer them to a new, less favourable scheme, or amend the existing scheme so that it is less favourable in terms of future benefits.

Indeed it should not be forgotten that in 2006, the government sought to undermine the 1992 Scheme in terms of the benefits existing members could accrue in future years, and by requiring members to work longer to accrue those benefits.

It was only the successful FBU campaign including the threat of industrial action which defeated this proposal. Clearly there is no guarantee that this or a future government will not bring forward a similar attack on the scheme and the recent threat by David Cameron to close down public sector final salary schemes is a clear warning as to what can be expected from a Tory Government.

This threat and the experience of 2006 act as timely reminders that pension rights are constantly under attack and must continue to be fought for.

But whilst governments may seek to bring forward proposals on future accrual of benefits etc they are unlikely to attack rights and benefits already accrued and legal issues would arise if they tried to do so.