McCloud Judgment and Remedy FAQs - Contingent Decisions
NICS Pension Schemes - McCloud Judgment Remedy FAQs
I’ve heard the term 'Contingent Decisions', what does it mean?
A Contingent Decision is a decision you made about your Civil Service Pension, which would have been different had it not been for the discrimination identified by the courts.
The decision will be related to your pension during the Remedy Period 1 April 2015 to 31 March 2022.
Can you give me examples of what a 'Contingent Decision' might be?
An example of a Contingent Decision would be if you chose to opt out of the scheme because you were not able to remain in your Legacy scheme (Classic, Premium, Classic Plus, Nuvos) for the Remedy Period. A Contingent Decision may also include decisions made about added pension choices.
What do I need to do if I feel that I have made 'Contingent Decisions'?
We will be introducing a Contingent Decision process for members who would’ve made a different decision or decided not to take certain scheme membership action due to the transitional protection arrangements introduced in 2015. Where members can show that they would have acted differently when making such a decision applications will be considered. If agreed the decision can be amended and an appropriate form of remedy offered. Each claim will be determined on merit and meeting any conditions that may apply; for example, for the reinstatement of opted out service, member contributions will need to be paid for the opted period.
We cannot yet confirm the process. As soon as the application process details are available the Civil Service Pensions (NI) website will be updated, and employers will also be informed.
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 based on 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.