ARTICLE
6 November 2023

NHS Pension Members Found To Be Discriminated Against Due To Age - The McCloud Remedy

UH
UHY Hacker Young LLP

Contributor

UHY Hacker Young LLP
In 2015, the government made changes to most public service pension schemes, including the NHS Pension Scheme, and it was found that this transition disadvantaged younger members of the scheme.
United Kingdom Employment and HR

In 2015, the government made changes to most public service pension schemes, including the NHS Pension Scheme, and it was found that this transition disadvantaged younger members of the scheme.

Most NHS Pension members were transferred from the 1995/2008 Scheme into the 2015 Scheme from 1 April 2015, however, some older members were allowed to remain in the 1995/2008 Scheme. The Court of Appeal later found that this discriminated against younger members and, as a result, is seeking to remedy this now by way of a multi-stage process.

One of the stages of this remedy involves those affected by the transfer of the NHS pension scheme receiving a 'rollback' for the period of their affected pensionable service to the 1995/2008 Scheme. This 'rollback' is designed to restore members pension benefits in the periods 2015/16 to 2021/22. As a result of this there may be amendments to tax charges when the Annual Allowance has been exceeded in these years.

Members will also be given the choice of whether they receive the benefits of the 1995/2008 Scheme or the 2015 Scheme, which is something the NHS is working to implement on 1 April 2024 for all members seeking retirement from that point.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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