McCloud/Sargeant/Age Discrimination

McCloud age discrimination case

When public sector pension schemes changed from final salary to career average in 2014 and 2015, older members were offered protection from the effect of the changes. However, in 2018, the Courts found that younger members had been discriminated against because these protections did not apply to them. 

The FPS regulations changed on 1 October 2023 to remove this age discrimination. This is called the McCloud Remedy. 

Hampshire Pension Services will automatically contact everyone who is affected by the Remedy. You do not have to do anything. We have many cases to deal with so it will take a while to contact affected members.

If you are an active or deferred member then you will receive an annual benefit statement containing information on the Remedy by 2025. The statement will provide the current value of your legacy final salary benefits in the FPS 1992 and FPS 2006 and your CARE benefits for the remedy period as well as projected benefits to normal pension age. This is known as a Remediable Service Statement (RSS) and will provide the details you need to choose the benefits you prefer to receive for the Remedy period, 1 April 2015 to 31 March 2022. If you retire from 1 October 2023, you will be provided with an RSS at retirement and allowed the choice of your legacy final salary benefits or your Care benefits for the Remedy period.

If you are a pensioner or beneficiary member, who retired before 30 September 2023 and are affected by the Remedy then you will be provided with a RSS which sets out your options, as soon as is reasonably practicable, from 1 October 2023. 

McCloud Age Discrimination scams

We have become aware that third party organisations are contacting members of public service pension schemes, such as the FPS, selling their help in claiming the 2015 Remedy (McCloud) benefits, 

Hampshire Pension Services, will not request a fee for providing this information. You do not need to go through a third party to claim these benefits and we will contact you in due course if you are affected by the Remedy. 

Please remember to stay vigilant. If you are unsure or have any concerns over a potential scam, please contact us for clarification.

Where can I find more information?

The Firefighter's Pension Scheme website is an excellent source of information about the Remedy, including some very detailed FAQs (Frequently asked questions):

Remedy | Firefighters' Pension Scheme (fpsmember.org)

while the Firefighters' Pension Schemes Regulations and Guidance website provides more technical details:

See: Retrospective remedy (fpsregs.org) and select the tab labelled "Age discrimination remedy".

You may also need:

Age discrimination remedy - Guide to eligibility (August 2022)

Pensions Ombudsman

The Pensions Ombudsman has produced a factsheet to clarify their approach to complaints relating to the McCloud Case, see: Pensions Ombudsman McCloud fact sheet - July 2022.