Issue - meetings

McCloud -Age Discrimination remedy and immediate detriment guidance

Meeting: 26/11/2020 - Warwickshire Fire and Rescue Local Pension Board of the Firefighters' Pension Scheme (Item 7)

7 McCloud - Age Discrimination Remedy and Immediate Detriment Guidance pdf icon PDF 204 KB


Victoria Jenks, Pensions Admin Delivery Lead presented this report which set out the current position on the approach to removing the age discrimination as found in the McCloud/Sargeant Employment Tribunal litigation.  The report detailed the government’s proposals set out in the Age Discrimination (McCloud) consultation which related to the option for members to choose between receiving legacy or reformed scheme benefits in respect of their service during what was known as ‘the remedy period’ (between 1 April 2015 and 31 March 2022) and the two possible approaches (an immediate choice or a deferred choice underpin).  The report also explained the guidance issued by the Home Office in relation to the processing of ‘immediate detriment’ cases in advance of a decision on the Government’s final approach.


Victoria Jenks explained that some challenges had been created by the guidance as members had complex records and benefits and therefore each case had to be assessed on its own merits and where it was possible to do, the guidance would be followed so that retiring members could get benefits on final salary now rather than await a recalculation in April 2022.


Barnaby Briggs reiterated thanks to the Pensions Team for their approach to immediate detriment cases.