9. No action is required by scheme members just now. The police case (Aaron and others), which was previously stayed pending the outcome of the McCloud judgment, was also referred for remedy. The claimants wish to be treated as members of their legacy pension scheme since April 2015. From 1st April 2022 everyone who is still working (and contributing to a pension scheme) will be a member of the reformed schemes. The circular can be opened by clicking on the image on the left. Important information for Veterans UK Customers affected by the McCloud Remedy. I’m still a member of an LGPS scheme. 7. retire) as the choice will very much depend on individualâs circumstances. What is the McCloud court case about? 8. If that is the remedy, will it be applied to me? I am a deferred LGPS Scotland member with 34 years service and I am currently 53 years old. This is usually referred to as the McCloud Judgement. With millions affected, public sector workers are clamouring to understand what the McCloud Judgement means to them personally. What does this mean? 2015 Remedy (McCloud) Last updated 05/02/2021. The UK Government introduced reform of a range of public sector pension schemes in 2015. We also use cookies set by other sites to help us deliver content from their services. This follows a decision by the Court of Appeal. Please Note: These FAQs have been produced by Civil Service Pensions (NI) and are specific to our members . McCloud Remedy Announced! NHS pension scheme: what the McCloud judgement means for members. McCloud image The Government has today announced its response to the McCloud consultation have set out the way Public Sector Pension Schemes will remedy the … The protections have been found to be unlawful. Industry organisations have supported the government’s proposals for a delayed approach following the McCloud judgment, although concerns around member communications and the cost of the remedy persist. What will the remedy be? 01 April 2020 By Andrew Lowe, Change and Data Solutions Director EQPaymaster In the midst of these uncertain times, a government backed defined benefit pension is about as sure a thing as you will find. Weâll send you a link to a feedback form. We will provide a further update on our implementation of the McCloud remedy in due course. The Ministry of Defence has recently released an update and a video on the judgement Service personnel were informed of the McCloud Judgement and the potential impact on the Armed Forces Pension Schemes in July 2019. The Government has published its response which sought views on the proposed remedy option for correcting the unlawful discrimination determined in the Court of Appeal’s McCloud judgement. have set out the way Public Sector Pension Schemes will remedy the age discrimination which was determined when the 2015 Schemes were introduced. The SPPA will contact those affected further information will be available on their website. The government has opted to proceed with its “deferred choice underpin” (DCU) route for implementing a remedy to the McCloud judgment for public sector workers. It ... because a larger part of the workforce does not fall within the scope of the remedy. 10. Weâd like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. McCloud Judgement: What Did We Learn This Week? Throughout it will refer to the 'cost cap' which is the Government's Employer Cost Cap process as required under the Public Service Pensions Act 2013. Revised guidance from HM Treasury is required before the valuations can be recalculated, therefore we do not anticipate significant progress on this until Spring 2021. Hi, with regard to this new judgement. MoJ is committed to addressing the discrimination for non-claimant judges affected by McCloud. This leaflet produced by HM Treasury provides an excellent summary of the Governmentâs response, the remedy itself and the actions each scheme (including the Armed Forces Pension Scheme) will need to deliver. ‘Damage’ reports – voices from the front line, Properly funded public services is key to recovery, says UNISON, UNISON Week 310: A budget for workers rally, a disappointing pay rise & more. You do not need to take any immediate action if you think you are affected, we will be in touch with you directly to explain how we will respond and deal with your individual circumstances. All content is available under the Open Government Licence v3.0, except where otherwise stated, Support services for military and defence personnel and their families, Support services for veterans and their families, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. So, if you’re affected by the McCloud judgement, you don’t need to make an employment tribunal claim; you’ll automatically receive any uplift required to remove the inequality that’s been identified. Donât include personal or financial information like your National Insurance number or credit card details. We’ve set out some steps to help you prepare for the implementation of the McCloud remedy. Q: I am in the same position as those in McCloud and Sargeant and was compulsorily moved onto the Armed Forces Pension Scheme 15. Does the judgment only affect the Judges’ and Firefighters’ pension schemes? McCloud court case - FAQs for LGPS members. UNISON Scotland, 14 West Campbell Street, Glasgow G2 6RX © UNISON Scotland. The remedy could not simply be to return everyone to the old schemes as some people would have been worse off under those schemes. NHS Pension Update McCloud Judgement: decision announced on remedy 9 February 2021 Kay Sillars The Scottish Public Pensions Agency (SPPA) has published a new circular which lays out the UK government’s decision on remedying the discrimination in the … In July, the Ministry of Housing, Communities & Local Government launched a consultation on its proposed remedy to the Court of Appeal’s judgement in the McCloud and Sargeant cases, which concerned the reform of public sector pension schemes from a final salary to an average earnings basis. Can I retire at 55 without any reductions now following the implementation of the McCloud judgement ? The government’s consultation response sets out how the government will remove the discrimination identified by the courts in the way that the 2015 pension reforms were introduced for some members. Last summer the government consulted on options and they have now published their decision. This approach will enable eligible members, when they retire with a pension, to choose whether the legacy or reformed schemes would be better for them for the period between 1 April 2015 to 31 March 2022. Aggregate DB pension deficit falls to zero in February. High Court reinstates pension scheme actuary’s power to select inflation measure. UNISON submitted a UK response and this additional response has detail for Scottish members. McCloud Q&A q Print The McCloud case Q&A for administering authorities This Q&A outlines the potential timescales and possible outcomes of the McCloud case and its impact on the cost cap process. McCloud: Government remedy ‘could take more than two years to implement’ 08 October 2020 By Martin George Proposals to remove unlawful age discrimination from the Local Government Pension Scheme could take more than two years to implement, the Pensions & Lifetime Savings Association has warned. Public service pension schemes consultation response - updated February 2021. Whilst the finer details of the remedy are yet to be agreed, some high level principles are known and there is much that can be done in order to prepare for the significant administrative challenge of implementing the remedy. Answers to some of the questions which have already been raised regarding the McCloud Remedy. This website uses cookies to improve your experience. By continuing on this site your are consenting to their use. Across the UK, UNISON is broadly supportive of the UK Government’s two proposed remedy … Here will find useful information, tips and links that will help you understand the background to the McCloud judgement, how the government intends to remedy unlawful age discrimination, and what this could mean for you and your NHS Pension. McCloud Consultation update Today the Government has announced a public consultation seeking views on how to remove the discrimination caused by the transitional rules which meant older Service Personnel (SP) remained in their legacy schemes when other, younger, service personnel were transferred to the reformed scheme in 2015. McCloud Judgment - Transitional Protection Frequently Asked Questions (FAQs) PDF (355 KB) The Treasury today released a document seeking views on a proposed remedy to discrimination introduced in 2015 reforms identified by the 2019 Supreme Court verdict in the well-publicised McCloud case.. Q: I am in the same position as those in McCloud and Sargeant and was compulsorily moved onto the Armed Forces Pension Scheme 15. This will progress in parallel with the remedy decided by the Tribunals in the Aarons case. You can change your cookie settings at any time.  The reforms included protections for those near their retirement age which allowed them to stay in legacy schemes. The Scottish Public Pensions Agency (SPPA) has published a new circular which lays out the UK governmentâs decision on remedying the discrimination in the 2015 reforms to public service pension schemes. ... (DCU) as the way to remedy the identified discrimination. Will the remedy put me back into my original scheme? The money is being kept to cover the cost of implementing the Court of Appeal ruling known as the McCloud judgement. The “pause” was introduced because of the uncertainties that surrounded the “McCloud” judgement and the cost of this. The choice would be made via a formal ‘options exercise’ after the end of the remedy … The route forward will be Deferred Choice Underpin: (DCU). The judgement applies to all public service pension schemes, including the LGPS, and the inequalities identified must be remedied. The McCloud judgement refers to the Court of Appeal’s ruling that Government’s 2015 public sector pension reforms unlawfully treated existing public sectors differently based upon members’ age on the 1 April 2012. The attached SPPA circular outlines the decision and contains a useful FAQ for scheme members. When challenged the Court of Appeal found these to be discriminatory against younger scheme members in judicial and firefighter pension schemes. When the Government reformed public service pension schemes in 2014 and 2015 they introduced protections for older members. Concerns around McCloud remedy costings persist By Sophie Smith 5/2/21. Donât worry we wonât send you spam or share your email address with anyone. What is the McCloud judgement? At its most basic this means that pension scheme members at retirement will be able to choose which scheme their contributions from 2015 until 2022 are in. The Treasury is consulting on proposals to remedy the issues raised by the McCloud judgement. Govt publishes McCloud ruling guidance. We use some essential cookies to make this website work. To help us improve GOV.UK, weâd like to know more about your visit today. The claimants wish to be treated as members of their legacy pension scheme since April 2015. Invites will follow. There will be a meeting for health branches to discuss the DCU. The period from 1 April 2015 to 1 April 2022 is to be termed the ‘remedy period’ with all members being moved into the reformed scheme at the close of this period. How does the McCloud judgement affect the local government pension scheme? Members will need to take advice on the implications of the choice they have to make when they access the scheme (i.e. Case management hearings have now taken place in respect of the judges and police cases; the case management hearing for the firefighter case is due to take place on 18 December 2019. The government accepted that the judgement had implications for other schemes. Will I lose my protection? Scotland's biggest and liveliest public service trade union, representing workers delivering public and related services across Scotland. The judgement requires the government to change regulations because they were deemed to discriminate on the basis of age. It will take only 2 minutes to fill in. A successful legal challenge in 2018, generally referred to as the McCloud case and taken by the Fire Brigades Union (FBU), made judgement against unlawful age discrimination in the transitional arrangements which formed part of the major changes introduced … Govt publishes judges’ reformed pension scheme and McCloud remedy consultation responses. The final decision on what happens now is called the remedy. The Government has today announced its response to the McCloud consultation If that is the remedy, will it be applied to me? Documents. Pensions update: McCloud/Sargeant fact sheet. 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