What is the McCloud Remedy?

The McCloud Remedy addresses age discrimination introduced during the 2015 public sector pension reforms. These reforms transitioned many NHS Pension Scheme members into a new scheme, but allowed older staff to stay in the previous version — creating unequal treatment. The McCloud judgment ruled this unfair, and as a result, affected members now have the choice between the legacy (1995/2008) and reformed (2015) schemes for the period between 1 April 2015 and 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 favourable pension outcome for that period.

What You Need to Know

If you're part of the NHS Pension Scheme and were affected by the 2015 changes, you will receive a Remedial Pension Savings Statement (RPSS). This statement helps you assess your Annual Allowance tax position, and whether you have overpaid or underpaid tax between 2015 and 2022.

Once you receive your RPSS, you have 3 months to act. This could involve submitting information to HMRC or deciding between pension schemes.

To help cover professional support costs, the NHS Cost Claim-Back Scheme allows eligible members to claim:

• £1,000 (including VAT) for professional services
• Up to £500 (including VAT) for Independent Financial Advice

If you're unsure how to interpret your RPSS or take the next steps, our team at Wealth Genius is here to guide you every step of the way.

How Do I Know If I’m Affected?

You may be affected by the McCloud Remedy if you were:

A member of the NHS Pension Scheme before 1 April 2012

Still a member on or after 1 April 2015 (without a break of more than five years)

Moved into the 2015 reformed pension scheme despite being on track to retire under the previous scheme

The Remedy offers you a retrospective choice, allowing you to select the scheme that provides the best financial outcome for the period from 1 April 2015 to 31 March 2022.

To help identify if you're eligible and whether you may need to act, ask yourself:

• Did I receive an Annual Allowance tax charge between 2015 and 2022?
• Has my 2022–23 pension input amount exceeded £40,000?
• Have I received an RPSS or Brown Envelope?
• Have I worked as a locum GP or experienced irregular earnings over that period?
• Is my pension growth under the legacy scheme more favourable?

If any of these apply, it's time to review your RPSS and take the necessary steps. Acting early ensures you don’t miss key deadlines and can make an informed decision.

Still unsure? Try our Eligibility Checker or contact our team for personalised support.