HSC Pension Scheme - McCloud remedy: part two - Proposed changes to HSC Pension Scheme Regulations (Northern Ireland) 2023

Consultation opened on 07 April 2023. Closing date 30 June 2023.


The Public Service Pensions and Judicial Offices Act 2022 requires government departments to make amendments to public service pension scheme regulations to remedy the unlawful discrimination identified by the McCloud judgment.

The remedy has 2 parts:
1. To ensure equal treatment for all members within each of the main public service pension schemes by moving all members into the new schemes on 1 April 2022 irrespective of age.
2. To remove the effect of transitional protection by offering eligible members a choice over the set of benefits (legacy scheme or 2015 scheme) they wish to receive for any pensionable service during the period 1 April 2015 to 31 March 2022.

The consultation has now concluded.

The Department of Health received 7 responses to the consultation. The consultation response summarises the feedback received from respondents, the consultation findings and the department’s response.


Consultation description

The department consulted on the first set of amendments to implement the McCloud judgment in December 2021 and now welcomes views from interested parties on the second set of draft amendments to HSC Pension Schemes Regulations.

Consultation description

This consultation document sets out the proposals of the second set of draft regulations which introduce the retrospective part of the McCloud Remedy through the Health and Social Care Pension Schemes (Remediable Service) (Northern Ireland) Regulations 2023. The draft regulations should allow eligible HSC Pension Scheme Members to make a retrospective choice which will put them, as far as possible, in the pension position they would have been in had the discrimination not occurred.

This consultation will run from 07  April 2023 until 30 June 2023.

The Department of Health would welcome your views on proposals set out in the consultation document below in relation to the HSC Pension Scheme - McCloud remedy: part two.  Proposed changes to HSC Pension Scheme Regulations.  The Health and Social Care Pension Schemes (Remediable Service) (Northern Ireland) Regulations 2023. 

Comments on the proposals can be submitted via email to: modernisation@health-ni.gov.uk 


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