McCloud Judgment and Remedy FAQs - Contingent Decisions

NICS Pension Schemes - McCloud Judgment Remedy FAQs

I’ve heard the term 'contingent decisions', what does it mean?

A contingent decision is a decision you made about your Civil Service Pension, which would have been different had it not been for the discrimination identified by the courts.

The decision will be related to your pension during the Remedy Period 1 April 2015 to 31 March 2022.

Can you give me examples of what a contingent decision might be?

An example of a contingent decision would be if you chose to opt out of the scheme because you were not able to remain in your Legacy scheme (classic, premium, classic plus, nuvos) for the Remedy period. A contingent decision may also include decisions made about added pension choices.

What do I need to do if I feel that I have made 'contingent decisions'?

We are introducing a Contingent Decision process in 2024. This is for members who would’ve made a different decision or did not take certain action due to the discrimination. Where members can show that they would have acted differently when making such a decision applications will be considered. If agreed the decision can be amended and an appropriate form of remedy offered. Each claim will be determined on merit and meeting any conditions that may apply; for example for the reinstatement of opted out service member contributions will need to be paid for the opted period.

We cannot yet confirm the process. As soon as the application process details are available the Civil Service Pensions (CSP) website will be updated and employers will also be informed.

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