2015 Remedy (McCloud) - Public consultation for 2nd phase of the remedy - Updated May 2023
New Northern Ireland Civil Service Pension Scheme regulations are needed for the second phase of the 2015 Remedy (McCloud) to address the age discrimination of Northern Ireland Civil Service Pension Scheme members. The Department of Finance public consultation on NICS Pension Scheme Retrospective Remedy has now launched and will be open until 2 June 2023.
We have produced a set of Frequently Asked Questions on the public consultation to assist you.
The second issue of our CSP(NI) Digital Newsletter is now available which reminds our members that the Consultation, on NICS Pension Scheme Retrospective remedy, is open until 2 June. It provides further information and an animated video with an overview of the consultation process.
Changes to Civil Service Pensions under Remedy
In April 2015, the Coalition Government and devolved administrations introduced reformed (defined benefit) public service pension schemes. Most public sector workers were moved into a new pension scheme called ‘alpha.’
In 2018, the Court of Appeal found that some of the rules put in place back in 2015 to protect older workers by allowing them to remain in their original scheme, were discriminatory on the basis of age.
As a result, steps are being taken to remedy those 2015 reforms, making the pension scheme provisions fair to all members. Some active members will have seen changes from April 2022.
The remedy is made up of two parts. The first part was completed last year with all active members now being members of alpha from 1 April 2022, this provides equal treatment for all active pension scheme members.
The second part is to put right, 'remedy,’ the discrimination that has happened between 2015 and 2022. We are currently working on new scheme regulations and processes in readiness for this.
Over the coming months, we’ll be sharing more information and guidance to help you understand if you’re affected and what this may mean for your pension, but for now there’s no action you need to take.
Not all members will be affected. To help you establish if you are impacted by the 2015 Remedy we have created an 'Am I affected?' tool. After answering a few simple questions the tool will give you an indication of whether you’re likely to be offered a choice under the 2015 Remedy when you take your pension benefits. This supplements the ‘Am I Affected?’ flow chart already on the website.
What is the 2015 Remedy (McCloud)?
Further information on the 2015 remedy
Moving to the alpha scheme on 1 April 2022
All members of the Principal Civil Service Pension Scheme (Northern Ireland) [PCSPS(NI)], that is classic, classic plus, premium and nuvos were automatically moved to the alpha scheme on 1 April 2022. To find out if you are affected, please read : -
Moving to the alpha pension scheme in April 2022
This will dispel some of the myths surrounding the change and clarify how CSP(NI) will ensure you have all the information you require, to make decisions which are best for you, going forward.
Ill-Health Retirement - Members affected by Remedy
If you are affected by the 2015 Remedy and you or your employer has applied for your ill-health retirement since 1st April 2015, your application may be reviewed after the legislation comes into operation in October 2023. Further information can be found below:
Ill-Health Retirement - Members affected by Remedy
NICS Pension Schemes - Frequently Asked Questions (Updated February 2023)
We have now compiled a comprehensive list of Frequently Asked Questions, specific to members of the NICS Pension Schemes, to address any queries that have been highlighted up to now.
McCloud Judgment and Remedy – Frequently Asked Questions for members of the NICS Pension Schemes
We will continually review and update this webpage as questions arise.
Response to the Consultation covering planned closure of the PCSPS(NI) (the legacy scheme) – updated March 2022
The Department of Finance consultation on the draft Statutory Rule for the Prospective Remedy in relation to work to remove the discrimination identified in the judgment known as “McCloud” has now concluded. The consultation response document can be accessed via the link below and provides an analysis of the responses received and the Department of Finance’s approach to this important first step to end the discrimination identified in by the Court of Appeal in 2018. Having considered all responses, the Department of Finance has made the necessary legislative changes to close the PCSPS(NI) to future service accrual after 31 March 2022 and transition all remaining active PCSPS(NI) members to the alpha pension scheme from 1 April 2022.
The Public Service Pensions and Judicial Offices Act 2022
The Public Service Pensions and Judicial Offices Bill has become the Public Service Pensions and Judicial Offices Act 2022 after receiving Royal Assent on 10 March 2022. A summary of the main elements of the Act can be found within the article page Summary of the Act.
The Act is also published and available at on the leglislation.gov.uk website Public Service Pensions and Judicial Offices Act 2022
Background
In 2015, the Government introduced reforms to public sector pension schemes. This resulted in the establishment of a number of new reformed schemes across the public sector.
In 2018, the Court of Appeal held that the transitional protection, offered to members who were closer to retirement age gave rise to unlawful discrimination.
More information on the background and what has happened so far can be found below:
Background Information of the McCloud Judgment
Public service pension schemes consultation - updated February 2021
The public service pensions consultation to remove the discrimination identified by the courts in the 2015 pension reforms, which ran from 19 August 2020 to 18 November 2020, has now closed and Department of Finance have published a response on 25 February 2021.
Further information is also available within the consultation FAQs.
So what does this mean for you?
Remedy hearings are ongoing in employment tribunals as are discussions with relevant stakeholders as to how to address the unlawful treatment identified by the Court of Appeal, and so we’re unable to confirm exactly what it means for members.
It’s not as straightforward as returning all pension members to their pre-2015 schemes as this would cause detriment for a lot of our pension scheme members. There are many individuals who are expected to be better off within alpha
At this time, the most important message is that ‘The pension you have earned to date is safe.’
We aim to update this webpage within 24 hours of any important updates.