For the remedy period (i.e. the period of discrimination 1 April 2015 to 31 March 2022), eligible members will be able to choose to receive legacy pension scheme benefits or benefits equivalent to those available under the reformed pension scheme. This choice will be offered at retirement on what is known as Deferred Choice Underpin (DCU)
The DCU approach means the member does not need to make a choice until they reach retirement age.
Benefits accrued under the reformed scheme for all eligible members will be converted to legacy scheme benefits (their former final salary scheme) for the whole of their service in the remedy period. The benefits accrued in the reformed scheme will be kept and treated as an underpinned record.
At retirement, they will then be offered a choice of the legacy benefits or the reformed benefits for the remedied period.
The provision definition documents (PDDs) that define the provisions of the Public Service Pensions and Judicial Offices Act 2022 (PSPJOA 2022) for each area of the retrospective remedy have been finalised and the Home Office is working with stakeholders to develop scheme specific policy. These discussions will help to inform the drafting of secondary legislation, ahead of formal consultation early in 2023.
The regulations came into force on 1 October 2023.
The following documents have been split into categories that relate to the retrospective remedy:
| Document | Doc type | Date |
| Compensation and Funding | ||
| Compensation guidance for scheme managers | (PDF, 18 pages, 489kb) | 13 May 2024 |
| Compensation guidance for members | (PDF, 6 pages, 200kb | 13 May 2024 |
| Compensation member claim form | (Word, 6 pages, 41kb) | 13 May 2024 |
| Home Office Compensation Scheme Funding guidance | (PDF, 14 pages, 287kb) | 13 May 2024 |
| Added Pensions Compensation | ||
| Added Pension Compensation Scheme Manager and administrator guidance | (PDF, 7 pages, 228kb) | 19 January 2024 |
| Added Pension Compensation Template letter to member | (Word, 3 pages, 28kb) | 19 January 2024 |
| Added Pension Compensation Bank form template to member | (Word, 1 page, 102kb) | 19 January 2024 |
| Document | Doc type | Date |
| Contingent Decisions Scheme Manager guidance v1.4 - This has been temporarily removed whilst we review the document | (PDF, 21 pages, 388kb) | 21 May 2024 |
| Contingent Decisions Member guidance v1.2 (clean) | (PDF, 6 pages, 207kb) | 21 May 2024 |
| Contingent Decisions Member guidance v1.1 (tracked) | (PDF, 6 pages, 231kb) | 21 May 2024 |
| Contingent Decision member claim form | (Word, 4 pages, 36kb) | 31 October 2023 |
| Document | Doc type | Date |
| Data Sharing guidance for scheme managers v 1.2 | (PDF, 5 pages, 220kb) | 28 March 2024 |
| Data Request to previous FRA | (xlsx, 22kb) | 26 January 2024 |
| Data Sharing Agreement v1.1 | (word, 5 pages, 59kb) | 26 February 2024 |
| Document | Doc type | Date |
| Factsheets | ||
| Statutory Deadline Factsheet | (PDF, 6 pages, 246kb) | 28 May 2024 |
| Age discrimination remedy eligibility factsheet | (PDF, 4 pages, 198kb) |
31 August 2022 |
|
Notes |
||
| Annual Allowance 2022/2023 note | (Word, 3 pages, 35kb) |
30 September 2023 |
|
Tools |
||
| FPS coffee morning presentation - Remedy timetabling | (PDF, 23 pages, 463kb) | 5 January 2023 |
| HMRC McCloud Income Tax regime summary | (PDF, 3 pages, 156kb) |
26 May 2023 |
| McCloud member examples by GAD | (PDF, 41 pages, 1,280kb) |
30 June 2023 |
| Remedy readiness self-assessment tool | (Excel, 1 page, 23kb) |
30 June 2023 |
| Document | Doc type | Date |
| The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) (No.2) Regulations 2023 | (Webpage) |
14 September 2023 |
| The Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022 | (PDF, 41 pages, 563kb) | 19 December 2022 |
| The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2023 | Webpage | 6 April 2023 |