The judgement affects members of all public sector pension schemes who were in service on the 1 April 2012 and subject to the unlawful protections.
This is because the reformed public sector pension schemes were not completely negotiated separately. The TUC and the Government reached an initial agreement on overarching scheme design with then scheme specific discussions tailoring the schemes to each sector. The transitional protections were a part of the original agreement and therefore appear in all the schemes introduced in 2015.
On 15 July 2019, the government issued a written ministerial statement and confirmed that as ‘transitional protection’ was offered to members of all the main public service pension schemes, the difference in treatment will need to be remedied across all those schemes, including the civil service pension scheme.
A remedy will now be developed for each of the public sector schemes. This includes the Civil Service Pension Scheme.
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