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McCloud Remedy

What is
the McCloud Remedy?

What is the McCloud Remedy? The McCloud Remedy addresses age discrimination introduced during the 2015 reforms to the NHS Pension Scheme. 

These changes moved many members to the 2015 scheme while allowing older staff to remain in the 1995/2008 schemes — which created unequal treatment. The McCloud judgment ruled this unfair. Now, affected members can retrospectively choose between the legacy and reformed schemes for the period 1 April 2015 to 31 March 2022.

This remedy ensures eligible NHS staff are not disadvantaged due to their age, and allows them to select whichever scheme provides the most favorable pension outcome for that period.

McCloud Remedy - Timeline

April 2022

Continuing pension accrual in the 2015 pension scheme for all members

October 2023

All members returned to the legacy scheme (1995/2008) who have been impacted by the McCloud Remedy legislation

At Retirement

Member chooses preferred scheme for the Remedy period (2015-2022)

Final Salary Link (Officer) & Dynamisation (GPs) for existing 95/08 benefits remain in place, subject to scheme rules​.

Annual Allowance calculations covering remedy period ​(1/4/2015 – 31/3/2022) ​will need to be reviewed​.

Member will be given choice to keep remedy period benefits in legacy scheme, or take reformed scheme benefits​.

What we offer

Clarity on your options with a side-by-side comparison of both schemes.

Helping you plan your income using an approach designed to support your long-term financial objectives.

Fewer surprises through smart tax planning and awareness of allowances.

Flexibility & protection that keeps the right benefits for you and your family.

You are missing out on an average of

£14,000

On refunds for Eligible Member

McCloud Rollback - Retrospective Taxation

Decreased Tax Liabilities

Government will account for all remedy period
(Compensation: 2015/16 to 2018/19, Refund: 2019/20 to 2021/22)

Increased Tax Liabilities

HMRC will collect for 4 full years previous
(Only pay any underpaid charges from 2019/20 onwards)

Scheme Pays & 2019/20 AA Compensation Scheme

Available for new charges & old scheme pays elections can be adjusted
(2019/20 AA Compensation Scheme only applies in England & Wales)

Annual allowance not re-assessed again when member makes their deferred choice election

What It Means for You

You may be affected by the McCloud Remedy if you meet any of the following criteria:

  • You were a member of the NHS Pension Scheme before 1 April 2012, and
  • You were still an active member on or after 1 April 2015, with no break in service longer than five years, and/or
  • You were moved into the 2015 Scheme, even though you were close to retirement under the previous arrangements (including those with full or tapered protection).

If these apply, the remedy gives you the right to retrospectively choose which scheme — the Legacy scheme or the Reformed (2015) scheme — applies to your service between 1 April 2015 and 31 March 2022.

This choice allows you to select the option that provides the better long-term outcome for your financial and retirement goals.

What Happens Next (Step-by-Step)

Receive Your RPSS

When your Remediable Pension Savings Statement (RPSS) arrives, it outlines how your pension growth has changed following the McCloud rollback — and starts your three-month HMRC reporting deadline.

Submit Your Documents

Register through our portal and upload your RPSS.
We’ll also request your historic tax data directly from HMRC, so you don’t need to dig through old returns.

We Recalculate Everything

Our team will:

  • Review your RPSS (Remedial Pension Saving Statement)
  • Recalculate your true Annual Allowance position
  • Identify and correct any errors
  • Determine whether you’re due a rebate or need to report a charge

This ensures absolute accuracy and protects you from costly mistakes.

We Support you with your HMRC submission

We compile everything you need to meet your HMRC obligations on time.
And because our fees are covered by the official cost claim-back scheme, there is no cost to you in practice.

It is important to remember:

  • You have 90 days from the date of receipt to respond and confirm your position
  • The RPSS gives you the figures you need to assess Annual Allowance charges and, where applicable, make a Scheme Pays election.
  • Delaying action could risk missing out on compensation or refund opportunities.
  • The value of pension benefits and the income they produce can be affected by changes in legislation, tax rules and individual circumstances. Pension benefits are subject to scheme rules, and future benefits cannot be guaranteed.

McCloud eligibility Checker

McCloud Remedy
Support
Recover​
£,000s​ Tax​
Covered by Cost
claim-back scheme​ ​
5 star
reviews​

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