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The McCloud remedy is not without risks for public sector employers

Millions of public service pension scheme members are affected by the McCloud and Sargeant court judgements.

Legislation is now in place to correct the age discrimination that arose from the 2014–15 public service pension reforms. In April 2022, the Public Service Pensions and Judicial Offices Act 2022 moved all public service scheme members into ‘reformed schemes’, which are free from age discrimination. Further provisions under the Act to deliver a remedy for the age discrimination that affected millions of scheme members between 2015 and 2022 are now in force.

However, the remedy presents a number of challenges for both administrators and employers:

  • Volume of work – The remedy must be applied to all the millions of people affected, individually
  • Short timeframe – The legislation sets tight time limits within which the age discrimination must be rectified
  • Capacity shortage – Many employers, trade unions and other parties lack the skills and resources needed
  • Incomplete data – Scheme administrators will need information they may not currently hold
  • Misinformation – Not all information about the McCloud remedy is accurate and reliable.

What’s more, those responsible for delivering remedy face ongoing financial and legal risks if they misapply the McCloud remedy to any individual.

How can First Actuarial help with the McCloud remedy?

Our dedicated public service pension team provide all the support you need to implement the McCloud remedy.

We help public sector employers, scheme administrators, trade unions and other affected parties to navigate the complexity of McCloud remedy work.

We provide:

  • Guidance on supporting scheme members – We deliver training and guidance for people responsible for supporting members through the decision process.
  • Support for members – We deliver education and support for members affected by the McCloud remedy. We can deliver this support as individual or group sessions, and through employer or member representatives, as required.
  • Guidance for administrators – We give administrators clear information on technical remedy issues, including process implementation and quality assurance.
  • Support for trade unions – We can work with trade unions to support the orderly delivery of the remedy.
  • Training and advice to stakeholders – We help support oversight of the remedy and effective governance.

Why First Actuarial?

  • We are a leading provider of pensions advice to the UK not-for-profit sector. Our public service pension scheme expertise includes the police and firefighters’ pension schemes, the NHS Pension Scheme, the Teachers’ Pension Scheme (TPS), the Local Government Pension Scheme (LGPS) and the Civil Service Pension Scheme.
  • We are clear communicators. We’re good at listening, and we avoid jargon where possible.
  • We know how to talk to people about pensions. Our established financial wellbeing section is particularly experienced at explaining pensions to scheme members and employees.
  • We excel at scheme administration. In our latest client survey, 97% of respondents using administration services were satisfied or very satisfied with our administrators.
  • We are unrivalled in the advice and support we give to trade unions on pensions issues. We provide negotiation and consultation support to leading trade unions, including Unite, CWU and the FBU.
  • We are transparent and fair on fees.

Meet First Actuarial’s McCloud specialists

Dale Walmsley, Partner and Head of Public Service Pensions

Dale Walmsley has many years’ experience of advising the UK’s largest public service pension scheme.

His knowledge of McCloud stems from working directly in this area – from the introduction of the transitional protections through to policy design and delivery.

Dale understands the importance of clear communications, and has worked hard to keep employers and their staff informed of the McCloud developments.

Sue Vivian, Public Service Pensions Consultant

Sue Vivian is an experienced public service pensions actuary.

Sue was previously Head of Public Service Pensions at the Government’s Actuary Department (GAD). She led work on McCloud, and worked with policymakers and scheme administrators to develop the remedy.

At First Actuarial, Sue now applies her knowledge to support the wider public service pensions community with the significant challenges of delivery.

Get in touch

Contact Dale and Sue to discuss how we can help you meet the challenges of the McCloud remedy.

Extremely well organised, clear advice and always professional.

– Jim Wight, Arville Textiles Limited

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