NHS remedy period for service not paid due to age restrictions of the 2015 scheme.

Toptek

Hi, 
My wife retired at 52 in 2022 and claimed her 95 scheme pension actuarily reduced. Her normal pension age was 55 and therefore, following the end of tapered protection in 2017, there is 5 years waiting to be claimed, being in the 2015 scheme. 
In a few months she will be 55 and therefore will be in a position to claim from the 2015 scheme. 
Will she be offered to claim it under the terms of the 95 scheme and if so, will they offer to backdate it to 2022?
Essentially, she has missed out on 2.5 years of pension pay out. However, this 5 years will be now/should be unreduced to the special classes status of the 95 scheme. 
Has anyone else been in a similar position? 

Bobinyorkshire

I thought the special class status did not apply if you retired earlier than 55 and the actuary reduction is to the NRA of 60 in the 95 scheme. 

kaMelo

Toptek said:

Hi, 
My wife retired at 52 in 2022 and claimed her 95 scheme pension actuarily reduced. Her normal pension age was 55 and therefore, following the end of tapered protection in 2017, there is 5 years waiting to be claimed, being in the 2015 scheme. 
In a few months she will be 55 and therefore will be in a position to claim from the 2015 scheme. 
Will she be offered to claim it under the terms of the 95 scheme and if so, will they offer to backdate it to 2022?
Essentially, she has missed out on 2.5 years of pension pay out. However, this 5 years will be now/should be unreduced to the special classes status of the 95 scheme. 
Has anyone else been in a similar position? 

Are you talking about the McCloud remedy?
The remedy is to allow people to choose which pension scheme benefits they wish to receive for the period between April 2015 and March 2022. In your wife's case, if she chose the 95 section benefits for that period, the remedy would be to put her in the position she would have been if she'd only ever had 95 scheme membership. Her pension payments going forward would be recalculated plus she'd receive backpay for the time period between retirement and when the remedy was implemented.

Two Important things to note,
The actuarial reduction would apply to any increase and backpay as essentially it's the same pension as claimed in 2022,
@Bobinyorkshire is correct, taking the 95 scheme pension prior to age 55 means SCS does not apply and any actuarial reduction is based upon a NRA of 60.

Toptek

Thanks both, I just wondered how they would deal with it should she wish to have the unpaid years paid in the 95 scheme and if it would start from claiming at 55, but from what you say it will be backdated to 2022 and reduced accordingly. 
We will just have to see which will be the best.

Bobinyorkshire

My wife finished with ill health using both the 1995 and 2015 schemes and has just had a letter saying they were going to review the outcome again in light of McCloud