NHS Pension Scheme age discrimination

Effect of transitional arrangements

Published: 30 January 2020 Government & NHS

The NHS Pension Scheme Advisory Board has been asked to give advice on how to correct the discriminatory effect of transitional arrangements (protection) for the 2015 Pension Scheme on affected scheme members in light of the McCloud/Sergeant judgements. 

There are several complexities that need to be fully explored and discussions are taking place with technical experts and actuaries. NHS trade unions will participate in this process and will ensure that all eligible members can benefit from the remedy and subsequent re-calculation of their benefits for the relevant time period.  

These discussions should conclude by early Spring but there is, as yet, no timeline for when the remedy will take effect.

As we conduct these discussions through the scheme advisory board, trade unions are committed to working in partnership with employers to ensure that the NHS Pension Scheme remains one that is stable and secure and provides the best possible benefit to current and future members.

It is the way in which members were moved to the 2015 Pension Scheme arrangements that was found to be age discriminatory by the courts, not the scheme itself, and we therefore anticipate that the remedy will cover only a set period of time for which members may have their scheme benefits re-calculated.

Any questions, please contact Paul Bromley