BE AWARE: Your Pension and the McCloud/Sargeant judgement.

The McCloud/Sargeant judgement refers to the December 2018 ruling by the Court of Appeal. This ruling found the protections included in the 2015 CARE reforms unlawfully discriminated against younger members of the Judicial and Firefighters’ pension schemes, as transitional protection was only offered to older scheme members.

consultation held by HM Treasury in July 2020 set out plans to allow eligible members of the NHS, Teachers, Firefighters, Police, armed forces and Civil Service Pension Schemes to choose whether to receive benefits from the legacy or reformed schemes for the period between 1 April 2015 and 31 March 2022. It also proposed that all members will move to the CARE schemes from 1 April 2022.

Who is affected by these changes?

The changes will affect those who were members of the pre-2015 public service schemes as of 31 March 2012 and were;

  • Transitionally protected as a result of being 10 years within their normal pension age.
  • Not fully transitionally protected and moved to the new post-2015 CARE arrangements on or after 1 April 2015.

Members who joined schemes after 1 April 2012 will not be affected by the changes, and will remain in their CARE schemes.

At present legislation has not been passed regarding the judgement – this is due to happen in early 2022.

HR at GSA are engaging an independent financial advisor, including pensions to help advise staff. Date TBC.

The above information is taken from the Government Pension pages: https://pensions.gov.scot/2015-remedy