McCloud Remedy – Key Dates and Potential Action Required

What is ‘the McCloud Remedy’?

The McCloud ruling is a case which stems from the 2015 public sector reforms which transitioned many public sector pension members into the new pension scheme based on age. The courts subsequently found that there was age discrimination against younger members.

As a result, all public sector schemes are having to roll back members membership to their legacy scheme between April 2015 and March 2022. At retirement, the member will be able to decide whether they want their benefits to remain in their legacy scheme or transfer to them to the 2015 section, depending on their preference.

How do you know if you’re affected by McCloud?

You will be affected by McCloud if you:

  • Had NHS pensionable service during the remedy period (April 2015 to March 2022)
  • Were moved from a legacy scheme to the 2015 scheme due to the reforms
  • Were in a legacy pension scheme on or before March 31, 2012 (without a gap in service before the remedy period)

Is there any immediate action required?

NHS Pensions are currently rolling back all affected members back into their legacy scheme for the period. Moving benefits between schemes will alter the pension input and consequently, the Annual Allowance tax position may be affected for the earlier years.

NHS Pensions will issue members with a remedial service statement confirming the revised pension input by the deadline of 6 October 2024.

If you would like our assistance with reviewing the statement, please forward a copy to peter.herniman@ballardsllp.com as soon as possible. The deadline to submit amendments to HMRC is 31 January 2025 therefore it’s imperative that immediate action is taken on receipt of the documents.

Alternatively, you can review the position yourself using HMRC’s public service pension adjustment calculator.

NHS Pensions have confirmed remedial service statements will be sent to those who have exceeded the standard annual allowance or had previously had an annual allowance charge. If you do not receive a statement by this date (6 October 2024), but believe you are affected by McCloud, we would suggest you request a statement. You can do this by calling their helpline on 0300 330 1346 or emailing them at nhsbsa.pensionsmember@nhsbsa.nhs.uk

Further details on the McCloud remedy can be found in our dedicated medical insights and podcasts.

Disclaimer. This article has been prepared for information purposes only. Formal professional advice is strongly recommended before making decisions on the topics discussed in this release. No responsibility for any loss to any person acting, or not acting, as a result of this release can be accepted by us, or any person affiliated with us.

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