Age discrimination remedy (McCloud judgement)

When the Government reformed public service pension schemes in 2014 and 2015, transitional protections were introduced for older members. In December 2018, the Court of Appeal ruled that younger members of the judicial and firefighters’ pension schemes had been unlawfully discriminated against because the protections did not apply to them.  

This ruling is called the McCloud judgement, after a member of the Judicial Pension Scheme involved in the case. Because of the ruling, there will be changes to all public service pension schemes that provided transitional protection, including the LGPS.  

The changes are called the age discrimination remedy (or McCloud remedy) and are intended to remove the age discrimination found in the McCloud court case. 

In 2014, the LGPS changed from a final salary scheme (a pension based on your pay when you leave) to a career average scheme (a pension which builds up based on what you earn each year).  

Older members who were closer to retirement were protected from the changes. This means when a protected member takes their pension, the benefits payable under the career average scheme are compared with the benefits that would have been built up had the final salary scheme continued, and they receive the higher amount. This protection is called the underpin.  

To remove the McCloud age discrimination, qualifying younger members will now receive the underpin protection too. This change came into force on 1 October 2023. Underpin protection only applies to pension built up in the remedy period, between 1 April 2014 and 31 March 2022. The underpin will have stopped earlier if you left the scheme or reached your final salary normal retirement age (usually 65) before 31 March 2022.  

From 1 April 2022, there is no underpin protection. Pension built up after this date is based on the career average scheme only. 

You may be affected by the age discrimination (McCloud ruling) if one of the following statements are true:

• You were paying into the LGPS or another public service pension scheme before 1 April 2012 and were also paying into the LGPS between 1 April 2014 and 31 March 2022    
• You have been a member of a public service pension scheme without a continuous break of more than 5 years

The LGPS has also produced an online, interactive tool that will help you find out if you have been affected. Click here to try the LGPS tool

If you were a member of a previous public service pension scheme, your pension may be protected by the age discrimination (McCloud) remedy ruling. In which case, you will need to complete a public service pensions scheme – pension history form.   

You can access the form on the forms and documents page of the LPPA website.  

Once you’ve downloaded the form, you will need to complete sections 1-3 and ask your previous pension scheme provider to complete section 4. We’ve created an email template you can use for this, which you can download with the form. 

Your previous pension scheme will then need to return the completed form to LPPA by email (using the email address included on the form).  

What is a public service pension scheme?

A public service pension scheme is a UK pension scheme for any of the following:  

• Civil servants
• The judiciary
• The armed forces
• Local government workers
• Health service workers
• Teachers
• Fire and rescue workers
• Members of the police force
• Menbers of a new public body pension scheme

Who needs to fill in the form?

You only need to fill in the form if you were a member of a public service pension scheme before you joined your current LGPS scheme (which is administered by LPPA).

Do not complete the form if:

• The only public service pension scheme you have been a member of is your current LGPS pension (administered by LPPA).
• You were a member of a public service pension scheme before you joined your current LGPS scheme, but your previous membership was transferred to your current LGPS scheme.
• You joined your first public service pension scheme after 31 March 2012.
• You left the LGPS or reached age 65 before 1 April 2014
• You are (or were) a councillor and a member of an LGPS scheme (administered by LPPA).
• You joined the LGPS (administered by LPPA) after 31 March 2022.
• You joined the LGPS (administered by LPPA) before 1 April 2012 and had no gaps in membership that lasted over five years.

You do not need to do anything. If you qualify for underpin protection, we will work out if an addition is due to be paid to you when you take your pension.

If you are an active or deferred member impacted by remedy, we are aiming to include any benefit adjustments in your 2024-25 annual benefit statement where it is within our control to do so. This will be made available for you to access by 31 August 2025.  

If you are a retired member impacted by remedy, we will write to you with details of any benefit adjustments. These adjustments will be done automatically – there is no action you need to take. If you do not hear from us, it is because you have not been impacted by the ruling.

You can check your pension history details via your online PensionPoint account. If you think any service details relating to your current scheme are missing or incorrect, please get in touch with LPPA via the online contact form.

The LGPS is running a series of webinars from March – August 2025. These webinars are designed to provide Local Government Pension Scheme (LGPS) members with an overview of the age discrimination remedy, commonly known as the McCloud remedy.

To book a session or find out more, visit the LGPS website