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- McCloud Pension Updates
From 1 October 2023, eligible members of the Firefighters' pension scheme will be given choices about the benefits they receive for service between 1 April 2015 and 31 March 2022. This is the Remedy Period and these choices are referred to as ‘remedy’ – you may have also heard them called the ‘McCloud’ remedy.
The regulations that govern this exercise have now been laid and come into force from 1 October 2023.
In April 2015 a new pension scheme (called the FPS 2015) was introduced. Most members moved to this new scheme in April 2015. As part of the roll out of the new scheme, members closest to their normal pension age were given ‘protection’ and remained in their legacy scheme after April 2015. This protection period ran from 1 April 2015 and ended for all members at 31 March 2022. This time period is now known as the ‘Remedy period’.
After a legal challenge, the courts determined that these protections were age discriminatory and not fair to all members of the pension scheme i.e. younger members in the scheme were missing out on additional years of benefits from the original pension schemes.
Not all members are affected by the remedy period. Members that are eligible must:
Have been in pensionable service on or before 31 March 2012
Had pensionable service between 1 April 2015 and 31 March 2022
Not have a gap in service of 5 years or more (known as a disqualifying break)
Pensionable service does not have to have been in the Firefighter's Pension Scheme, it could also have been in another relevant public service pension scheme.
If you retired during the Remedy Period, XPS pensions will contact you with more information. This could be anytime between October 2023 and March 2025. Please note that those members who retired under ill health, passed away or had tapered/no protection will be prioritised. Due to the large number of cases involved, we cannot confirm any timescales at this point.
I’m retired member (opens in new window)
If you are still in service and a member of the pension scheme, you’ll receive further information from XPS pensions next August. You don’t need to take any action now.
I’m an active or deferred member (opens in new window)
If you have left the service, but are not yet retirement age, you will hear from XPS pensions between October 2023 and March 2025 about your choices.
If you are in service but intend to retire before August 2024 when you tell us you are going to retire, XPS pensions will provide you with an Remediable Service Statement (RSS) before you retire. This will lay out your choice of benefits. Please provide at least 3-6 months’ notice to ensure your benefits are calculated and you can have a choice when you leave.
I’m going to retire before 1 October 2023 (opens in new window)
In September and October we will be writing to you to confirm if you are in scope for the remedy, and over the coming weeks and months more details will be added to this page.
From 1 October 2023, any pension scheme members in scope for the pension remedy will be ‘rolled back’ to their legacy scheme. Your legacy scheme will be either the 1992, 2006 or 2006 Modified Scheme. As the contribution rates vary between all the different schemes, a contribution adjustment will be required. Some members may owe money (1992, 2006 Modified) or some members may be owed a refund (2006 scheme). Action to adjust contributions is triggered when members receive their Remediable Service Statement (RSS). When you receive your first RSS it will outline what the contribution adjustment will be. Contribution adjustments also include an adjustment for tax relief and will include interest. A factsheet is provided with more information on the Firefighters Pension Scheme website
Age Discrimination Remedy - Contribution Adjustments | Firefighters' Pension Scheme (fpsmember.org)
What is a contingent decision? A contingent decision relates to decisions you may have made differently if it hadn’t been for the age discrimination. This relates to decisions to opt out or the purchase of Added Years. An employee guide and claim form can be found below:
Member Guide
When members are returned to their legacy scheme for the remedy period 1 April 2015 to 31 March 2022, there may be circumstances through the decision making process or because of the choice you make, where there may be some loss which could be compensated for.
The Compensation member factsheet is intended to set out the process for making a compensation claim. If you wish to make a claim, please complete the claim form below.
FAQs about the McCloud remedy can be found at Remedy FAQs | Firefighters' Pension Scheme (fpsmember.org)
A number of member benefit illustrations for active and deferred members have been provided at 2015 Remedy - Member benefit illustrations | Firefighters' Pension Scheme (fpsmember.org)
Pensioners will receive a Remediable Service Statement (RSS) outlining their choice of benefits. Examples of these statements are provided below. Although the documents have been designed to be easy to read and understand, they contain a lot of information. The Local Government Association have provided a video to help further explain the statement.
RSS Example - Taper Protected with 2015 pension in payment
RSS Example - Taper protected with 2015 pension not in payment
XPS pensions have provided an updated position statement for members:
Following an update from LGA on 7th June, we have been made aware of a new tax issue which affects immediate choice members who took the maximum lump sum with a tax charge when they retired.
The LGA, alongside unions and the Scheme Advisory Board are working with HM Treasury to try to resolve this matter as quickly as possible. The FBU have released a circular outlining the issue which you can find at Pensions update: Remediable Service Statement | Fire Brigades Union (fbu.org.uk)
We will be writing to all unprotected/taper protected immediate choice members to inform them if they are affected.
Following the pensioner meeting on Monday 20th May, please find below a copy of the slides presented at the meeting along with a copy of the questions and answers from the session.
Pensioner Meeting 20th May 2024 presentation
Scheme Advisory Board Letter to HMT
FF Competent Pension Examples - Unprotected and Taper Protected
Last updated: Friday, 21 June 2024