Local Government Pension Scheme in England and Wales - Access and Fairness

In recent years, the government has taken steps to address the findings of the McCloud case for public service pension schemes. In that case, the Court of Appeal found that transitional protections given to older members of public service pension schemes when schemes were reformed in 2015 had unlawfully discriminated against younger members on grounds of age. 

The Public Service Pensions and Judicial Offices Act 2022 provides the framework within which the McCloud remedy operates, and in October 2023 MHCLG laid a set of McCloud-related LGPS regulations. These regulations extended underpin protection to the younger members of the scheme in order to remedy the discrimination found by the courts.  

This section proposes further McCloud-related changes to the LGPS Regulations. The intention is to address issues with the operation of the underpin that have only been identified now administering authorities are working their way through remedy calculations.