2015 Remedy (McCloud) Last updated 05/02/2021. This requires the government to compensate members who suffered discrimination following the McCloud judgement. 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. The remedy could not simply be to return everyone to the old schemes as some people would have been worse off under those schemes. Across the UK, UNISON is broadly supportive of the UK Government’s two proposed remedy … Govt publishes judges’ reformed pension scheme and McCloud remedy consultation responses. This website uses cookies to improve your experience. This is usually referred to as 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. 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. When the Government reformed public service pension schemes in 2014 and 2015 they introduced protections for older members. Q: I am in the same position as those in McCloud and Sargeant and was compulsorily moved onto the Armed Forces Pension Scheme 15. Hi, with regard to this new judgement. McCloud court case - FAQs for LGPS members. The “pause” was introduced because of the uncertainties that surrounded the “McCloud” judgement and the cost of this. 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. The attached SPPA circular outlines the decision and contains a useful FAQ for scheme members. 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. ... (DCU) as the way to remedy the identified discrimination. The claimants wish to be treated as members of their legacy pension scheme since April 2015. McCloud Remedy Announced! UNISON submitted a UK response and this additional response has detail for Scottish members. The Treasury is consulting on proposals to remedy the issues raised by the McCloud judgement. When challenged the Court of Appeal found these to be discriminatory against younger scheme members in judicial and firefighter pension schemes. 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. Please Note: These FAQs have been produced by Civil Service Pensions (NI) and are specific to our members . 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 government has opted to proceed with its “deferred choice underpin” (DCU) route for implementing a remedy to the McCloud judgment for public sector workers. 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. Documents. Scotland's biggest and liveliest public service trade union, representing workers delivering public and related services across Scotland. 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.. The circular can be opened by clicking on the image on the left. If that is the remedy, will it be applied to me? The judgement requires the government to change regulations because they were deemed to discriminate on the basis of age. The money is being kept to cover the cost of implementing the Court of Appeal ruling known as the McCloud judgement. Pensions update: McCloud/Sargeant fact sheet. Answers to some of the questions which have already been raised regarding the McCloud Remedy. We also use cookies set by other sites to help us deliver content from their services. 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 2015 reforms to public service pension schemes. It ... because a larger part of the workforce does not fall within the scope of the remedy. The protections have been found to be unlawful. 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. Concerns around McCloud remedy costings persist By Sophie Smith 5/2/21. Public service pension schemes consultation response - updated February 2021. What is the McCloud judgement? Govt publishes McCloud ruling guidance. Last summer the government consulted on options and they have now published their decision. Important information for Veterans UK Customers affected by the McCloud Remedy. It will take only 2 minutes to fill in. The choice would be made via a formal ‘options exercise’ after the end of the remedy … 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. We’ve set out some steps to help you prepare for the implementation of the McCloud remedy. retire) as the choice will very much depend on individual’s circumstances. 9. You can change your cookie settings at any time. By continuing on this site your are consenting to their use. This leaflet produced by HM Treasury provides an excellent summary of the Government’s response, the remedy itself and the actions each scheme (including the Armed Forces Pension Scheme) will need to deliver. 7.  The reforms included protections for those near their retirement age which allowed them to stay in legacy schemes. 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. NHS pension scheme: what the McCloud judgement means for members. 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. 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. From 1st April 2022 everyone who is still working (and contributing to a pension scheme) will be a member of the reformed schemes. No action is required by scheme members just now. UNISON Scotland, 14 West Campbell Street, Glasgow G2 6RX © UNISON Scotland. Can I retire at 55 without any reductions now following the implementation of the McCloud judgement ? High Court reinstates pension scheme actuary’s power to select inflation measure. The route forward will be Deferred Choice Underpin: (DCU). The SPPA will contact those affected further information will be available on their website. What does this mean? Q: I am in the same position as those in McCloud and Sargeant and was compulsorily moved onto the Armed Forces Pension Scheme 15. The Government has today announced its response to the McCloud consultation McCloud Judgement: What Did We Learn This Week? This follows a decision by the Court of Appeal. Members will need to take advice on the implications of the choice they have to make when they access the scheme (i.e. 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. 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. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Aggregate DB pension deficit falls to zero in February. The claimants wish to be treated as members of their legacy pension scheme since April 2015. I’m still a member of an LGPS scheme. This will progress in parallel with the remedy decided by the Tribunals in the Aarons case. There will be a meeting for health branches to discuss the DCU. McCloud Judgment - Transitional Protection Frequently Asked Questions (FAQs) PDF (355 KB) Will I lose my protection? The UK Government introduced reform of a range of public sector pension schemes in 2015. 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. The government accepted that the judgement had implications for other schemes. Invites will follow. We’ll send you a link to a feedback form. 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. To help us improve GOV.UK, we’d like to know more about your visit today. MoJ is committed to addressing the discrimination for non-claimant judges affected by McCloud. 10. The police case (Aaron and others), which was previously stayed pending the outcome of the McCloud judgment, was also referred for remedy. 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 … Don’t worry we won’t send you spam or share your email address with anyone. I am a deferred LGPS Scotland member with 34 years service and I am currently 53 years old. 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. With millions affected, public sector workers are clamouring to understand what the McCloud Judgement means to them personally. What will the remedy be? 8. Service personnel were informed of the McCloud Judgement and the potential impact on the Armed Forces Pension Schemes in July 2019. 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. Does the judgment only affect the Judges’ and Firefighters’ pension schemes? 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 … Will the remedy put me back into my original scheme? ‘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. What is the McCloud court case about? 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 … Don’t include personal or financial information like your National Insurance number or credit card details. 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. How does the McCloud judgement affect the local government pension scheme? We use some essential cookies to make this website work. The judgement applies to all public service pension schemes, including the LGPS, and the inequalities identified must be remedied. have set out the way Public Sector Pension Schemes will remedy the age discrimination which was determined when the 2015 Schemes were introduced. The Ministry of Defence has recently released an update and a video on the judgement The final decision on what happens now is called the remedy. If that is the remedy, will it be applied to me? We will provide a further update on our implementation of the McCloud remedy in due course.
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