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McCloud was a High Court case that concerned the extension of protections to some members of public service pension schemes, when the career average (CARE) scheme was introduced for these schemes in 2015 (2014 for the LGPS), as part of the Government’s Public Service Pension Scheme reforms.  The case, brought by members of the Judicial and Firefighters’ pension schemes, was heard in the Court of Appeal.

Last December, the Court determined that the transitional protection offered to some members of the Scheme, whereby they remained in the Final Salary arrangement if they were within 10 years of their Normal Pension Age on 1 April 2012, was discriminatory on age grounds. The Government sought permission from the Supreme Court to appeal this decision.

On 27 June 2019 the Supreme Court denied the government permission to appeal the Court of Appeal’s judgment, and that the protections introduced to the reformed judges and firefighters pension schemes in 2015 gave rise to unlawful age discrimination. The Government respects the Court’s decision and will engage fully with the Employment Tribunal to identify how the discrimination will be remedied.

The Government is considering the impact on other public service pension schemes, including the LGPS.

We’ll keep you up to date on the changes as we’re made aware of them.

Last updated: 25/05/2021

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