In 2015 all public sector pension schemes were reformed, with new career average schemes introduced. The reformed scheme included an element of transitional protection which meant those members within 10 years of the normal pension age could remain in the legacy schemes and not be moved to the reformed scheme. In 2018 the Court of Appeal ruled that transitional protection was discriminatory based on age. The government conceded and agreed to the removal of this discrimination; the 2015 remedy (McCloud). The overarching legislation to remove the discrimination is the PSPJOA laid in March 2022.
The first phase of the 2015 remedy was to move all active and deferred members into the reformed scheme (alpha) from 1 April 2022, this has been completed. The new proposed legislation will enable the scheme to carry out the retrospective phase of the 2015 remedy. That is to provide all affected members with a choice of pension scheme benefits for the remedy period.