Contingent decisions

The government has announced new forecasted deadlines for Remediable Service Statements

This announcement sets out deadlines for when NHS Pensions will send Remediable Service Statements (RSS) to members affected by the Public Service Pensions Remedy (also called the McCloud Remedy). More information can be found on our When you'll make your remedy choice web page.

A contingent decision is a decision you made or did not make because of actual or perceived implications of the 2015 Scheme reforms. You'd have acted differently if you knew you'd be remaining in the 1995/2008 Scheme for the remedy period.

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 the 1995/2008 Scheme for the remedy period.

Voluntary contributions and additional pension

If you cancelled an added years or additional pension arrangement in the legacy scheme because of the discrimination identified in the McCloud judgement, you may be able to choose to undo that cancellation. More information can be found in our added benefits contingent decision factsheet.

If you wish to reinstate a previous added years or additional pension arrangement or to retrospectively apply for a 1995/2008 Scheme additional pension, complete and return the contingent decision application form. Tick the relevant box and provide as much information as you can in the space provided on the form.

If you have received an illustration to reinstate a previous added years or additional pension arrangement or a retrospective 1995/2008 Scheme additional pension you can use these tools to calculate the monthly cost if you want to pay by instalments or convert an existing instalment plan into a one-off lump sum payment.

Instalment calculator (Excel: 24KB)Lump sum calculator (Excel: 22KB)

Opt outs

You can apply to buy back remedy period service if you opted out of the NHS Pension Scheme because of the discrimination identified in the McCloud judgement.

Before you apply

Use a calculator to estimate the cost of buying back remedy period service.

Buy back cost calculators

There are 4 versions of the calculator based on where you live and your type of service:

Officer - for employed members and retired practitioners living in England and Wales (Excel: 44KB)Officer (Scotland) - for employed members and retired practitioners living in Scotland (Excel: 41KB)Practitioner - for current practitioner members living in England and Wales (Excel: 44KB)Practitioner (Scotland) - for current practitioner members living in Scotland (Excel: 45KB)

We’ve created a guide to show you how to use the calculator:

Buy back cost calculator guide (Word: 308KB)

How to apply - request your quote

If you’ve used a buy back cost calculator and decide to go ahead with reinstating remedy period service, you should complete and return the application form:

Application to buy back opted out service Part 1: request your quote (PDF: 223KB)

We’ll use your completed form to calculate the cost of buying back service for the period you ask for. We’ll write to you with your personal illustration, which shows how much interest you’ll pay and tells you the benefits you'll receive for the additional service in the 1995/2008 Scheme.

Then you can decide if you would like to go ahead and buy back the service, and how you'll pay missing contributions.

How to apply - return your payment instruction form

To go ahead with buying back your remedy period service, you’ll need to complete and return the payment instruction form attached to your quote within 12 months.

Ways you can pay

Your illustration tells you the net cost and interest charge to buy back your opted out service.

You can pay these amounts using one of the two options below:

Pay directly from your retirement benefits, either from the lump sum or by deductions to your regular pension.
Pay by instalments over an agreed time period that suits your budget.

Use the instalment calculator to see what the monthly payment will be for the length of instalment plan you would like.

Instalment calculator (Excel: 31KB)

Paying by deductions to your regular pension or instalments means you’ll pay more interest at the National Savings and Investment Direct Saver interest rate that applies from when you start to make payments until all your missing pension contributions have been paid. You can make a one-off payment to clear any remaining instalments at any time. The lump sum calculator shows you how much you need to pay.

Lump sum calculator (Excel: 22KB)

We’ve created a guide to show you how to use the calculators:

Payment calculator guide (Word: 200KB)

Other contingent decisions

For any other requests complete the contingent decision application form. You should provide as much information about your request as possible, including why you would have made a different decision if not for the discrimination and your preferred outcome.

If your service for the remedy period has been rolled back to the 1995/2008 Scheme up to 31 March 2022 and you're affected by annual allowance, you can find more information on our Understanding the effect of rollback on your annual allowance page.

If you have costs you think have been incurred because of the McCloud Remedy, you can find more information on our NHS Cost Claim-back Scheme page.

Finding out more information

You can find out more information about contingent decisions in the Department of Health and Social Care consultation on proposed changes to NHS Pension Scheme regulations.