Final pay control - NHS pension

Bobinyorkshire

I have 2 periods of 1995 NHS pension protected at 2011 and 2017. I moved to the 2015 scheme without transition in April 2015. I have worked part time since leaving my full time post in 2017 (securing step down option 1st). I have just taken on what I think to be my last role at a new NHS trust, which I think will be my last year of working, however this role contains considerable overtime (still less than W/T hours) paid at unsociable hourly rates. Will I be affected by the ‘final pay control’ clause if I elect to go back to the legacy scheme between 2015 to 2022 as part of the McCloud judgement? What costs would this incur? Would staying in the 2015 scheme from April 2015 until Oct 2023 mean I would avoid this final pay control clause (as the protected pay in 2017 would severe the final pay link)?

Marcon

Bobinyorkshire said:

I have 2 periods of 1995 NHS pension protected at 2011 and 2017. I moved to the 2015 scheme without transition in April 2015. I have worked part time since leaving my full time post in 2017 (securing step down option 1st). I have just taken on what I think to be my last role at a new NHS trust, which I think will be my last year of working, however this role contains considerable overtime (still less than W/T hours) paid at unsociable hourly rates. Will I be affected by the ‘final pay control’ clause if I elect to go back to the legacy scheme between 2015 to 2022 as part of the McCloud judgement? What costs would this incur? Would staying in the 2015 scheme from April 2015 until Oct 2023 mean I would avoid this final pay control clause (as the protected pay in 2017 would severe the final pay link)?

Given the number of variables, it might make sense to ask the NHS scheme administrators to confirm in writing exactly what the position is.

Bobinyorkshire

Having spoken and  e-mailed on several occasions about protected pay, I don’t have a great deal of confidence in them. From my experience anything more complex than what’s seen on the TRS statements often results in multiple different interpretations overall several months. I’ve tried reading the details on the NHSBA website, but cannot determine if the cost would be mine or my new employer. I’ll try e mailing and hope get some meaning answer

Marcon

Bobinyorkshire said:

Having spoken and  e-mailed on several occasions about protected pay, I don’t have a great deal of confidence in them. From my experience anything more complex than what’s seen on the TRS statements often results in multiple different interpretations overall several months. I’ve tried reading the details on the NHSBA website, but cannot determine if the cost would be mine or my new employer. I’ll try e mailing and hope get some meaning answer

Completely understand, but that's actually exactly why I suggested getting written confirmation of their 'understanding'(!) of the position. If you can't get a conclusive and satisfactory answer (i.e. one you understand rather than a load of gobbledegook), go through the NHS Scheme's complaints procedure: https://www.nhsbsa.nhs.uk/sites/default/files/2019-05/DRP1 (V10) Online - 04.2019.pdf

Bobinyorkshire

Thank you for response. Having reviewed more information, it seems any cost is incurred by the employer only and because it’s a new job on the same basic pay scale it may not apply. But I will try to clarify