Teachers’ Pensions Action Forum Update from the DfE Teachers’ Pensions Team May 2019

McCloud and Sargeant McCloud – Judges pension scheme; Sargeant – Fire Brigade’s Union Transitional protection introduced in 2012 for those closest to retirement age Case brought to the Employment Tribunal 2016 Court of Appeal decision in 2018 that Transitional Protection was unlawful as the government had not justified the discriminatory impact

Impact on the Teachers’ Pension Scheme Court of Appeal decision may impact all public sector schemes Changes to member benefit structure paused Cost likely to be at least those of changes to benefit structure

Current position HM government has requested leave to appeal to the Supreme Court – decision expected soon Employment tribunal case stayed pending Supreme Court process

What next? Position is unclear until Supreme Court process is complete Two scenarios – win or lose at Supreme Court If win – proceed to implement member benefit improvements effective from 1 April 2019 If lose – remedy to be determined by the Employment Tribunal

Any Questions?