McCloud Judgment and Remedy FAQs - Dependant Benefits
NICS Pension Schemes - McCloud Judgment Remedy FAQs
I think my spouse was affected by the age discrimination but they passed away last year. Will you review the pension I get now as their spouse?
Yes. If your spouse was affected by the age discrimination your pension will be reviewed and we will write to you once we’re in a position to confirm how the changes will affect you. Please check the website for updates.
I was in a civil partnership and my partner was a member of the scheme but has now died. Will I be affected?
If you receive a pension because you were in a civil partnership or your civil partner was a member of a scheme which pays a pension to a surviving adult dependant, your pension will be reviewed if your civil partner was affected by age discrimination. We will write to you once we're in a position to confirm how the changes affect you. Please check the website for updates.
Will the survivors of eligible members who have died since 1 April 2015 also be asked to make a choice between the different pension schemes?
Where an eligible member has died since 1 April 2015, schemes will review these cases as a priority. Where the member retired from the reformed scheme, schemes will seek to revisit cases ahead of the introduction of the DCU where this is possible. Individual schemes will check whether a higher pension or lump sum amount would be due under the alternative scheme.
In the case of any increase, schemes will inform surviving beneficiaries, and the higher amount will be paid with their agreement. If the higher amount is already in payment, the survivors will be notified.
In most cases the choice between benefits will fall to the late member’s surviving spouse or partner. If there are children also in receipt of a survivor pension, and the decision maker lives in a separate household to the child, any decision taken will not affect the child’s pension. Where the child and decision maker live in the same household, the usual rules around total survivor benefits payable will apply.