Government responds to McCloud pension consultation

The Government has published its response which sought views on the proposed remedy option for correcting the unlawful discrimination determined in the Court of Appeal’s McCloud judgement.

In line with UNISON’s recommendation the Government has confirmed that Deferred Choice Underpin (DCU) will be the remedy option for the England and Wales NHS Pension Scheme. DCU means that all in-scope members will receive a choice at retirement on whether they wish for all of their pension scheme service prior to the 1 April 2022 to be in their previous scheme (i.e. 1995 or 2008 Sections) or a combination of previous scheme benefits and the 2015 scheme for all service up to the 1 April 2022. The benefit of making a choice at retirement is that members will be able to make a decision based on known entitlements rather than on a set of assumptions and reduces the likelihood of members making the wrong decision.

The Government response also confirms that everyone will be in the 2015 Scheme with effect from the 1 April 2022 and that everyone eligible for a choice will be assumed to be in their previous scheme for all service up to the 1 April 2022 up to the point of actually making their choice.

Retirements from October 2023 is when it’s expected that eligible members will be offered this choice but it’s hoped that for those that have already retired that these members may get a choice earlier than this.

For anyone that has already retired or will be retiring before October 2023, all choices will be fully retrospective to your pension payment date meaning that your award will be amended and backdated should you choose not to be in the 2015 Scheme for any period before 1 April 2022.

You can view the Government’s consultation response here.