McCloud Age Discrimination Case

For an explanation of the McCloud court case and frequently asked questions about this case see: LGPS - McCloud Case

HM Treasury have now published the consultation response to age discrimination. For the full details please see: HMT response to age discrimination

On 13 May 2021, Luke Hall, the Local Government Minister made a Written Ministerial Statement on McCloud and the LGPS. The statement confirms the key changes to scheme regulations that will be made to remove age discrimination from the LGPS. The statement confirms that:

  • The age requirement for underpin protection will be removed
  • A member will not need to leave with an immediate entitlement to benefits to qualify for underpin protection
  • The remedy period will end on 31 March 2022
  • There will be two stages to the underpin calculation: the first on the underpin date which is the date of leaving or age 65, if earlier, the second when the benefits are paid
  • The regulations will be retrospective to 1 April 2014.