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.

We have recently issued most active and deferred members affected by the McCloud/Sargeant Remedy with their first RSS-ABS. This document sets out the current value of your benefits and your choices under the McCloud/Sargeant remedy.

We are working to produce statements for those members who have not yet received one by the end of September. If you haven't received your statement by 30 September, please email the Police and Fire team ([email protected]).

You do not need to make your remedy decision now and can instead wait until you take your Fire Pension. We will send you an RSS-ABS showing the current Value of both options every year until you retire. 

If you want to make your decision now please complete the Remedy Choice Form . This decision is irrevocable. Any contributions due will be deducted from your pension benefits at retirement together with interest calculated to that date. 

However you can choose to receive a refund of contributions (2006 member) or payment of contributions due (1992 member) now, without this committing you to your final decision on remedy. If at a later date (up until retirement) you change your mind on your decision to pay or receive contributions, the amount plus interest will be recalculated and can be taken from your pension benefits.

1. If you are due a refund of contributions (2006 member) then please complete the refund contribution form
2. If you owe contributions and want to make payment (1992 member) then please email the police and fire team ([email protected]). Due to a change in the way in which tax is applied since the statements were produced, the contributions shown on your statement will need to be revised. Following receipt of your request to pay contributions via email, the team will send a letter with the revised amounts and details of how to make the payment. 

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".

If you are affected by the McCloud Remedy and have recently received an ABS-RSS, you can complete the below form to let us know your decision. You do not have to make a decision now and can wait until you take your Firefighter's pension. 

McCloud Remedy Choice form

Contribution adjustment – Fire compensation payment election form

You may also need:

Age discrimination remedy - Guide to eligibility (August 2022)