NHS Pension Scheme: McCloud remedy part 1: proposed changes to Scheme Regulations 2022
Applies to England and Wales
Download the full outcome
Detail of outcome
The Department of Health and Social Care received 72 responses to the consultation. The consultation response summarises the feedback received from respondents, the consultation findings and the department’s response.
A further set of draft regulations is under development for the McCloud remedy part 2 and will be consulted on separately in 2022.
Original consultation
Consultation description
The government has laid proposed primary legislation before Parliament to implement changes in public service pension schemes to remedy the discrimination identified by the McCloud judgment.
The remedy has 2 parts:
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To ensure equal treatment for all members within each of the main public service pension schemes by moving all members into the new schemes on 1 April 2022 irrespective of age.
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To remove the effect of transitional protection by offering eligible members a choice over the set of benefits (legacy scheme or new scheme) they wish to receive for any pensionable service during the period 1 April 2015 to 31 March 2022.
The department is seeking views from interested parties on the first set of draft amendments.
The draft regulations are being consulted on at the same time as the bill goes through Parliament. This is to ensure that upon becoming an act of Parliament, the necessary scheme rule changes can be enacted for 1 April 2022. Implementation of the second part of the remedy also requires changes to scheme regulations.
A further set of draft regulations is under development and will be consulted on separately in 2022.
Documents
Last updated 3 March 2022 + show all updates
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Added the government's response to the consultation.
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First published.