McCloud Case

In 2014 or 2015 all main public service pensions, including the Local Government Pension Scheme, were reformed to provide defined benefits on a career average basis with protections for members within 12 years of their Normal Pension Age on 1st April 2012. 

Some of you may be aware that two claims were brought, one against the judges’ pension scheme (the McCloud case), the other against the firefighters’ pension scheme (the Sargeant case) claiming that transitional arrangements were discriminatory on the basis of age, sex and race. The claims were heard together.

The Court of Appeal determined, amongst other things that transitional protection gave rise to unlawful age discrimination in the judges’ and firefighters’ pension schemes. The Supreme Court refused the Government’s application for permission to appeal, meaning that the Court of Appeal decision stands.

This decision applies to the LGPS as well and a remedy is currently being worked on. On 26th March Lord Agnew made a Ministerial Statement which confirmed that no qualifying scheme member will need to make a claim for the remedy to apply to them. There will be a very small number of our members who will be affected by this and we will be identifying them and contacting them individually.

 

Therefore there is no need to engage with a third party company (who will charge you) to apply for any potential claims as we will do this automatically once we have the remedy.