NHS Pension Scheme: McCloud remedy part 1: proposed changes to Scheme Regulations 2022
The department is consulting on a draft Statutory Instrument making changes to NHS Pension Schemes Regulations necessary to implement the first part of the McCloud remedy.
The government has laid proposed primary legislation before Parliament to implement changes in public service pension schemes to remedy the discrimination identified by the McCloud judgment.
The remedy has 2 parts:
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To ensure equal treatment for all members within each of the main public service pension schemes by moving all members into the new schemes on 1 April 2022 irrespective of age.
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To remove the effect of transitional protection by offering eligible members a choice over the set of benefits (legacy scheme or new scheme) they wish to receive for any pensionable service during the period 1 April 2015 to 31 March 2022.
The department is seeking views from interested parties on the first set of draft amendments.
The draft regulations are being consulted on at the same time as the bill goes through Parliament. This is to ensure that upon becoming an act of Parliament, the necessary scheme rule changes can be enacted for 1 April 2022. Implementation of the second part of the remedy also requires changes to scheme regulations.
A further set of draft regulations is under development and will be consulted on separately in 2022.