EPN738: Contingent Decisions for members applying to buy back service from 1 April 2015 - 31 March 2022 (Remedy period)
Audience
Pension leads
HR managers
Summary
This Employer Pension Notice is to inform you that member applications for Contingent Decisions open in July 2025. Members who opted out between 12 March 2012 and 28 February 2022, due to the discrimination identified by the courts, may apply to buy back service for the Remedy period; 1 April 2015 to 31 March 2022.
If a member’s application is accepted, we will need to calculate any outstanding contributions for the Remedy period. As a result, we may need to contact employers for additional salary information during the second half of 2025.
We will be updating the Remedy FAQs with further details on Contingent Decisions shortly.
Actions
Note, if a member has an application accepted, we may need to contact their employer, to obtain additional salary information for the Remedy period.
Note, if a member chooses to proceed and pay back the calculated contributions, the employer must ensure that records are updated to reflect that the member’s contributions were paid during the Remedy period.
Timing
Contingent Decision applications are open from July 2025. If a member’s contingent decision application is accepted, we may need to contact employers for additional salary information during the second half of 2025.
Detail
What is a Contingent Decision?
A Contingent Decision is a decision taken by a member, that would have been different had it not been for the discrimination identified by the courts. The decision will relate to their membership of the Civil Service Pension Scheme (CSPS) during the Remedy Period, 1 April 2015 to 31 March 2022.
Members can apply to have their Contingent Decision assessed by the scheme to determine if it can be accepted. This application process is necessary as specific criteria must be met.
Please note: It is important that members fully understand the requirements and potential costs involved with buying back opted-out service. Therefore, we have created the Remedy Opt Out Member Contributions Estimator tool to help members understand the potential costs involved in buying back opted-out service. This will be available on the Civil Service Pensions website.
Which members are eligible?
Members that opted out between 12 March 2012 and 28 February 2022, in response to the discrimination identified by the courts, can apply to buy back service from 1 April 2015 to 31 March 2022.
At present, the only Contingent Decision application available is to buy back opted out service.
Eligible members are:
Members who would not have opted-out if they had been allowed to remain in the Legacy Scheme beyond their transition date, or
Protected Members who had not been allowed to join the 2015 Reformed Scheme from 1 April 2015.
Applications for other types of Contingent Decisions will be opened at a later date agreed by the Scheme Manager. This will include those relating to members who switch to the partnership scheme.
Support available
We will be updating the Remedy FAQs with further details on Contingent Decisions shortly.
