Consultation on the proposed response to McCloud
Download the full outcome
Detail of outcome
In July 2020, we published a consultation setting out proposals for addressing the discrimination for non-claimant judges affected by the judgment.
In light of the responses we received, the government response to the consultation confirms that, subject to parliamentary time and approval of the necessary legislation, the Ministry of Justice will run an options exercise in 2022 for judges in scope of McCloud. This will enable eligible judges to choose, retrospectively, whether to have accrued benefits in the 2015 pension scheme or the legacy scheme from 1 April 2015. Membership of the chosen scheme will end when the reformed judicial pension scheme comes into effect, following which all judges will join the new pension scheme.
Original consultation
Consultation description
In McCloud the Court of Appeal held that transitional protections provided to older judges as part of the 2015 judicial pension reforms constituted unlawful direct age discrimination.
From 1 April 2015, younger judges had been moved from their legacy schemes, Judicial Pension Scheme 1993 (JUPRA) or the fee-paid equivalent, Fee-Paid Judicial Pension Scheme 2015 (FPJPS), both of which were final salary tax-unregistered schemes, to New Judicial Pension Scheme 2015 (NJPS), a tax-registered career average scheme with a lower accrual rate. Judges closest to retirement were protected from the changes due to their age and remained in JUPRA/FPJPS. The court held that such protection unlawfully discriminated against younger judges.
MoJ is committed to addressing the discrimination for non-claimant judges affected by McCloud.
This consultation proposes that judges in scope are given a choice whether to have retrospectively accrued benefits in either JUPRA/FPJPS or NJPS from 1 April 2015. The choice would be made via a formal ‘options exercise’ after the end of the remedy period.
Documents
Last updated 4 March 2021 + show all updates
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Executive summary of response in Welsh published.
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Equality statement published.
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Consultation response published.
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Welsh summary added
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Equality statement added
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First published.