What is 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.

A 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.

The consultation period closed in October 2020 and HM Treasury confirmed their position on 4 February 2021, with the necessary legislation in place for April 2022.

You can find our response to HM Treasury's position and some general FAQ's here.

Who is affected by these changes?

The changes will affect those who were members of the pre-2015 public service schemes as at 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 our schemes after 1 April 2012 will not be affected by the changes, and will remain in their CARE schemes.

What do I need to do?

The 2015 Remedy programme isn’t due to begin until 1 April 2022.  This is to allow time for the passing of new legislation, and Scottish Ministers will also need to introduce changes to the schemes for which they have devolved responsibility. 

There are also a number of other complex issues that we must consider, including how the new arrangements will interact with aspects of the individual schemes, as well as tax implications for some members. SPPA will be exploring these issues with member and employer representatives on the scheme advisory boards in the coming months.

So for now there is nothing for our members to do.  Once the issues raised above become clearer, we will inform the members affected as soon as possible. 

Please be aware that we are unable to provide any 2015 remedy related estimate requests until the above legislative and tax considerations are known.

Latest Scheme Circulars and FAQ's

To view scheme specific Circulars and FAQ’s, please click on the appropriate link:

NHS

Scottish Teachers

Firefighters

Police

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