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

2. 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

3. 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

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

5. 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

6. Any Questions?