Introduction

Answer:

Transitional protection allowed members, who were within ten years of their normal retirement age, to remain in their final salary schemes, while other members moved to the new career average schemes in, or after, 2015.

Answer:

The consultation closed on 11 October 2020 and the government has now published its response (This link opens in a new window) after considering all the submissions

Please be assured that if you’re a member who is already being affected by this, i.e. retired, part retired, or suffering ill-health, your case will be prioritised. We’ll be in contact with you as soon as is practicable.

Answer:

Several judges and firefighters made claims (McCloud and Sargeant cases) in the Employment Tribunal on grounds that the transitional protection offered to older members when schemes were reformed in 2015, which meant they remained in their old pension schemes (Final Salary), was discriminatory. They argued that younger members were treated less favourably than older members who were given transitional protection.

The Court of Appeal ruled, in December 2018, that transitional protection in the judges’ and firefighters’ pension schemes gave rise to unlawful discrimination.

In July 2019, the government confirmed that they accepted that the Court of Appeal’s judgment has implications for all the main public service pensions schemes, including teachers, as these schemes also provide transitional protection arrangements for older members.

In March the government confirmed, in a written ministerial statement which can be found here (This link opens in a new window), that it would address the difference in treatment since 2015 for all affected members regardless of whether they had submitted a legal claim and ensure equal treatment going forwards.

Answer:

We’re working with the Department for Education to review the government response and develop the IT systems and administration processes required to provide affected members with the options for their service in the remedy period. Please be assured, information will continue to be shared so you’re kept up to date.

Answer:

The government was consulting on two options to remove the discrimination caused by transitional protection arrangements. Both options provide members in scope with a choice of receiving either their old or new scheme benefits. Full details are set out in the consultation document (This link opens in a new window)here (This link opens in a new window).

Answer:

No. The transitional protection was a policy that kept those closest to retirement age in the legacy final salary teachers’ schemes, when others were moved automatically to the reformed career average scheme, and it is this policy that the court found to be discriminatory. The proposed remedy will ensure that all affected members have access to the scheme that they consider is better for them for the period involved.