The McCloud Judgment
In 2015 the government made changes to public service pension schemes, including the LGPS (NI). It was later found that some of the protections that were put in place in respect of the Judges’ and Firefighters’ Pension schemes in England and Wales were age discriminatory as they gave protections to older members.
As a result, steps are being taken by the Government to amend the various public service pension schemes to remove the discrimination. We anticipate that the Department for Communities will extend the protections to cover all members who were in active membership before 1 April 2012 and have membership in the CARE scheme (without a 5 year break) after 31 March 2015. Scheme members do not need to take any action and NILGOSC will advise you of any changes to your pension, if applicable. The legislation is due to be made in Autumn 2023. More information is available on the McCloud Court Case page of our website.
Despite the Government’s commitment to resolve the issue, NIPSA has lodged legal claims on behalf of its members for compensation for injury to feelings. Regrettably, as a result of these claims being issued without any prior notice, it is not possible for NILGOSC to speak directly to members about their individual claims. To date, NILGOSC has kept it members informed of the impact of the McCloud judgment and the Government response to it. Furthermore, it has advised that it will implement the remedial regulations made by the Department for Communities and, once the legislation is made, it will make any adjustments necessary to members’ pensions accounts, where applicable.
On 17 May 2023, NIPSA announced that it will write to its individual members to seek their retrospective approval to make a compensation claim. NILGOSC cannot discuss these claims with any member. Members who receive a letter from NIPSA who have a query should discuss the matter with NIPSA on 028 9066 1831.