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  • Retrospective Remedy Consultation

    Topics:
    • Teaching staff, 
    • Pension Scheme

    The Department of Education launched a consultation, concerning draft provisions proposed in the Teachers' Pension Scheme (Remediable Service) Regulations (Northern Ireland) 2023, which closed on 16 June 2023.

    McCloud Judgment


    In 2015 the Northern Ireland Public Sector Pension Schemes, including NITPS, were reformed and new career average schemes were introduced. These reforms also saw the introduction of transitional protections that meant those members within 10 years of their normal pension age could remain in the legacy schemes for a tapered period. In 2018, the Court of Appeal found that this was discriminatory on the basis of age.

    • McCloud Remedy / Goodwin Judgement

    Remedy

    The policy to remove the effect of the transitional protections, seen between 1 April 2015 and 31 March 2022, has become known as the 2015 Remedy. The Public Service Pensions and Judicial Offices Act 2022 legislates for how the Government will remove the discrimination identified by the courts in the way that the 2015 reforms were introduced for some members. The 2015 remedy to remove discrimination is
    made up of two parts:

    • Phase one, the prospective remedy, was completed last year with all active members of the NITPS becoming members of the 2015 reformed scheme (career average) from 1 April 2022, irrespective of age.
    • Phase two, the retrospective remedy, will allow eligible members the choice between their legacy scheme (final salary) or 2015 reformed scheme (career average) for the remedy period (1 April 2015 to 31 March 2022). For eligible members who already have a pension in payment a choice will be offered as soon as is reasonably practicable after 1 October 2023.

    Consultation

    The Department of Education consulted on how phase two will be implemented for NITPS to remove the effect of the transitional protections seen between 1 April 2015 and 31 March 2022, the remedy period, and introduce provisions for a deferred choice for eligible members.

    It is important to note that members do not need to make any remedy choices at this stage. Updates will be available on the Department of Education website, and we will be contacting affected members.

    The consultation documentation, including the consultation outcome, is available at:

    Consultation Outcome –NI Teachers’ Pension Scheme Retrospective Remedy | Department of Education (education-ni.gov.uk)

    Further information on the implementation of the remedy for eligible NITPS members is available at:

    https://www.education-ni.gov.uk/publications/mccloud-remedy

    Related content

    • Actuarial reports
    • Additional pension
    • Annual Benefit Statements
    • Applying for retirement benefits
    • Career average revaluation rates
    • Customer service, and complaints
    • Family benefits
    • Governance of the Northern Ireland Teachers' Pension Scheme (NITPS)
    • Ill-health retirement benefits and re-employment
    • Ill-health Retirement Guide
    • Important pensions notices for all NITPS members
    • Maintaining and boosting your pension
    • McCloud Remedy / Goodwin Judgement
    • Membership elections
    • NI Teachers’ Pension Scheme Member Contribution Yield Consultation
    • Northern Ireland Teachers' Pension Scheme actuarial valuation 2016
    • Northern Ireland Teachers' Pension Scheme – Cost control valuation 2016
    • Northern Ireland Teachers’ Pension Scheme actuarial valuation 2020
    • Overview of the Northern Ireland Teachers' Pension Scheme (NITPS) including member factsheets
    • Partner benefits
    • Pension circulars
    • Pension Increase rates and career average revaluation
    • Pension regulations
    • Pensions calculators
    • Pensions when you divorce
    • Prospective Remedy Consultation
    • Returning to work after receiving pension benefits
    • Statement on the McCloud Judgement
    • Teachers' Pay & Pensions Team - Privacy Notice (effective from 25 May 2018)
    • Teachers' Pension System - Member and Employer Portals
    • The Money and Pensions Service, MoneyHelper, pensions blog for teachers in Northern Ireland
    • Transitional Protection Arrangements
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