Department Of Health
Detail of outcome
There were 56 responses to the consultation from a range of stakeholders including NHS Pension Scheme members and representative organisations.
A majority of respondents agreed that the draft regulations delivered the requirements of the primary legislation and put members in the pension position they would have been in had the discrimination not occurred. A number of respondents commented on the policy intent of individual draft regulations.
Government has decided to lay final regulations to implement the McCloud remedy for impacted NHS Pension Scheme members. The regulations include a number of refinements to the policy approach and amended drafting, following careful consideration of consultation comments.
Original consultation
Consultation description
The Public Service Pensions and Judicial Offices Act 2022 requires government departments to make amendments to public service pension scheme regulations to remedy the unlawful discrimination identified by the McCloud judgement.
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 2015 scheme) they wish to receive for any pensionable service during the period 1 April 2015 to 31 March 2022.
The Department of Health and Social Care consulted on the first set of amendments to implement the McCloud judgement in December 2021 and now welcomes views from interested parties on the second set of draft amendments to NHS Pension Schemes Regulations.
If you have any queries on this consultation or require an alternative format please email nhspsconsultations@dhsc.gov.uk.
If you do not have internet or email access, then please write to:
NHS Pensions Policy Team
Department of Health and Social Care
Area 2NE Quarry House
Quarry Hill
Leeds
LS2 7UE
