McCloud Judgment and Remedy FAQs - Contingent Decisions

What is a Contingent Decision?

A Contingent Decision is a decision taken by a member, that would have been different had it not been for the discrimination identified by the courts. The decision will relate to their membership of the Northern Ireland Civil Service Pension Scheme (NICSPS) during the Remedy Period, 1 April 2015 to 31 March 2022. 

Members can apply to have their Contingent Decision assessed by the scheme to determine if it can be accepted. This application process is necessary as specific criteria must be met.

At present, the only Contingent Decision you can apply for is to buy back opted out service. This means you are;

• A Member who would not have opted-out if you had been allowed to remain in your Legacy Scheme beyond your transition date, or,
• A protected Member who had not been allowed to join the 2015 Reformed Scheme from 1 April 2015.

If you wish to apply to buy back service you opted out of during the 2015 Remedy Period, you will need to complete an application form, please visit our dedicated page: Your Contingent Decision Application.

We will open applications for other types of Contingent Decisions at a later date agreed by the Scheme Manager.

Am I eligible to apply?

You could apply to buy back service from 1 April 2015 to 31 March 2022 if you opted out between 12 March 2012 and 28 February 2022, and the reason you opted out was in response to the discrimination identified by the courts.

If your application is successful, your opted-out service can be bought back for all qualifying service built up from 1 April 2015 to 31 March 2022. Your service will be reckonable in your Legacy scheme.

Eligibility summary:

• You’re eligible for 2015 Remedy.
• The service you want to buy back is during the period of 1 April 2015 to 31 March 2022.
• You opted out between 12 March 2012 and 28 February 2022.
• You would not have opted out if you had been allowed to remain in the Legacy Scheme beyond your transition date, or you were a protected Member who was not allowed to join the 2015 Reformed Scheme from 1 April 2015. Evidence of this will be required. If you do not meet the above criteria your application will be declined.

I joined a Partnership scheme, am I classed as an opt-out member?

No. If you joined one of the Partnership schemes you are not classed as an opt out member. The applications process for those members who joined a Partnership scheme will open at a later date.

Can I apply for someone else?

You can apply on behalf of a member if you have Power of Attorney (POA) or are legally acting on their behalf.

You can also apply if you're making decisions on behalf of a deceased member.

If you're applying on behalf of someone else, you must provide a copy of the relevant documentation showing you have legal power to act on their behalf.  This could be, but not limited to Grant of Probate, a valid Will, Letters of Administration or Power of Attorney.

Is there anything else I need to consider before I apply?

• Annual Allowance – if you choose to buy back opted-out service and increase your pension benefits, there may be a change to your Annual Allowance position.
• Costs – it’s important to understand that if your application is successful and you proceed with the reinstatement of benefits, you are agreeing to pay back all outstanding contributions plus interest, for your full service to be re-instated. You must ensure this option is right for you and that you can afford to pay back the contributions in full.

What happens if I leave the Civil Service or retire before I can make a Contingent Decision application?

We’ll publish details of the Contingent Decision application process on our website once it is available.  It will be open to all members who are in-scope of 2015 Remedy (McCloud), including those that have left or retired from the Northern Ireland Civil Service. All Contingent Decision applicants will be asked to provide evidence on the basis of the original decision, to show it resulted from the age discrimination identified by the McCloud judgment.  As we cannot guarantee that an application will be successful, please don’t make any decisions about your pension based on an assumption that an application will be agreed.

If a future Contingent Decision application is agreed, you will be provided with information about how the scheme proposes to adjust your pension, and whether there are any costs to be accounted for e.g. additional contributions to be paid where a period of opted-out service is being reinstated. You will have the chance to decide whether you wish to proceed at this stage.

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