Published 28 February 2023
Last updated 19 July 2023 — See all updates
This consultation has concluded
Public
Service Pensions: Police Pensions (Remediable Service)
Regulations 2023 response
Detail of outcome
On 28 February, the government launched the consultation on the
draft Police Pensions (Remediable Service) Regulations 2023
to address the provisions needed to implement the second phase of
the McCloud/Sargeant remedy (retrospective remedy).
The Home Office has published a summary of the responses to the
consultation, which will make provisions to remove the effect of
the transitional protections in place between 1 April 2015 and 31
March 2022 (‘the remedy period’) and implement provisions for a
DCU. The DCU will give members a choice of pension benefits at
their point of retirement or when the benefit come into payment
in respect of the remedy period, which is the period during which
discrimination took place. Eligible members will be able to
choose to receive legacy pension scheme benefits or benefits
equivalent to those available under the 2015 reformed scheme for
service during the remedy period.
The Home Office will proceed with laying the Police Pensions
(Remediable Service) Regulations 2023. This is necessary to
comply with the Public Service Pensions and Judicial Offices
Act (PSPJOA) 2022 and the Court of Appeal’s ruling in 2018
in the McCloud/Sargeant litigation.
The consultation response included on this page also provides the
updated equality impact assessment of any potential impacts on
those with protected characteristics as a result of the
retrospective remedy.
Subject to the necessary parliamentary approval, the provisions
will come into effect from 1 October 2023.
Original consultation Summary
We are consulting on Public Service Pensions: Police Pensions
(Amendment) Regulations 2023, to enact the second phase of the
remedy in the McCloud/Sargeant cases.
This consultation ran from
28 February 2023 to 11:59pm on 23 May 2023
Consultation description
This consultation document sets out the background to the second,
retrospective, part of the remedy and an explanation of
legislative and policy changes required to implement it.
The Public Service Pensions and Judicial Offices Act (PSPJOA)
2022 provides an overarching framework to allow public service
pension schemes to remedy the impact of unlawful age
discrimination. That discrimination arose due to certain
transitional arrangements put in place when public service
pension schemes (including the police schemes) were reformed
between 2014 and 2016.The second phase of the remedy, the
retrospective remedy, is to remedy the discrimination that had
taken place between 1 April 2015 and 31 March 2022.
This consultation on the Police Pension Scheme seeks responses
from interested parties on the amendments to the regulations
needed to enact the second phase of the remedy, as set out in the
PSPJOA 2022.
