McCloud Remedy Guidance for NHS & Public Sector Workers

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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.

What we offer

Clarity on your options with a side-by-side comparison of both schemes.
More income by optimising the route that delivers the strongest long-term outcome.
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 Remedy

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About NHS
Pension
McCloud Remedy

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What You Need to Know

Step 1

If you were affected by the 2015 NHS Pension Scheme changes, you’ll receive a Remedial Pension Savings Statement (RPSS) to help assess any overpaid or underpaid Annual Allowance tax from 2015 to 2022.

Step 2

Once you receive your RPSS (typically posted in a brown NHS envelope), you have 3 months to report the information to HMRC.

Step 3

Our professional services incur a fixed charge (£1,000 incl. VAT), which can usually be reclaimed through the NHS Cost Claim-Back Scheme.

Step 4

We also pride ourselves on supporting you with a full financial review.

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 McCloud Judgment - How It Began

The McCloud case was brought by a group of judges, including Lord Justice McCloud, who challenged the government s 2015 pension reforms.

These reforms allowed older members to remain in their legacy schemes (1995/2008), while younger members were moved to the 2015 scheme.

The court ruled this as unlawful age discrimination. As a result, the government introduced the McCloud Remedy to ensure all affected members (between 1 April 2015 and 31 March 2022) are treated fairly and can retrospectively choose the scheme that benefits them most.

Background

The McCloud remedy addresses age discrimination in public service pension schemes like the NHS Pension Scheme. Older members were allowed to stay in legacy schemes (1995/2008), while younger ones were moved to the 2015 Scheme.

Part 1

Closed legacy schemes on 31 March 2022 and moved all members to the 2015 Scheme from 1 April 2022.

Part 2

All affected members (from 1 April 2015 to 31 March 2022) to be returned to the legacy scheme at the point of retirement

McCloud Rollback

The rollback to the 1995/2008 scheme (covering the 2015–2022 period) means your pension growth and annual allowance may need to be recalculated. If you overpaid tax, you could be eligible for a rebate and compensation.

Our NHS Pension Claim service guides you through the entire process likely at no personal cost, as the government intends to cover remedy-related expenses. We also review your pension records, project your retirement benefits, and model various scenarios, including McCloud compensation.

Demand is expected to be high, so early registration is strongly recommended.

How Do I Know If I’m Affected?

McCloud Remedy: What It Means for You You may be impacted by the McCloud Remedy if you were:

A member of the NHS Pension Scheme before 1 April 2012
Still active on or after 1 April 2015 (with no break longer than 5 years)
Moved to the 2015 scheme despite nearing retirement under the old scheme (full / tapered protection)

The remedy allows you to retrospectively choose the better scheme for the 2015–2022 period.

To check if you're eligible and need to take action, ask yourself:

If you were a member of the NHS Pension Scheme before 1 April 2012, you may be affected.
If you were still active in the scheme on or after 1 April 2015 (with no break of more than 5 years), you are likely included.
Members who were moved to the 2015 scheme, even if they were close to retirement under their old scheme, are affected.
Did I pay an Annual Allowance tax charge between 2015–2022?
Was my 2022–23 pension input over £40,000?
Have I received an RPSS or a brown envelope?
Was I a locum GP or did I have irregular earnings?
Is my pension growth better under the old scheme?
If any of these apply, review your RPSS and take action. Acting early helps you avoid missing deadlines and make informed choices.