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Department of Health and Social Care launches consultation on proposed changes to Scheme Regulations to support McCloud Remedy

The Department of Health and Social Care has announced a consultation on proposed changes to the NHS Pension Scheme Regulations that will be required to put the first part of the McCloud Remedy in place.

What is included in the consultation

The government has proposed primary legislation before Parliament to put into effect changes in public service pension schemes designed to remedy the discrimination identified by the McCloud judgment.

The remedy has 2 parts - these apply to all public service pension schemes, including the NHS Pension Scheme: 

  1. 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.
  2. 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.

You can read more about this in our changes to public service pension schemes web hub.

The Department of Health and Social Care is seeking views from interested parties on the first set of draft amendments.

The department has launched the consultation on the draft regulations at the same time as the bill goes through Parliament. This is to ensure that when they become an act of Parliament, the necessary scheme rule changes can be enacted in time for 1 April 2022.

Putting the second part of the remedy in place will also require changes to the NHS Pension Scheme Regulations. A further set of draft scheme regulations is in development and will be consulted on separately in 2022.

How to respond

You can view the consultation documents and submit your comments online. The consultation will close at 11:45pm on 20 January 2022.