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Regulation changes

Age discrimination court case and the LGPS

The government has confirmed that there will be changes to all public service pension schemes after the Court of Appeal ruled that changes made to the schemes in 2014 and 2015 led to age discrimination.  The ruling is sometimes referred to as McCloud/Sargeant, after the people involved in the cases.

The changes that need to be made to the LGPS to remove the age discrimination are not yet in place, but it has been confirmed that, if you are a qualifying scheme member, then the new rules will be applied to you automatically and you don't need to take any action.

More information about McCloud can be found on the LGPS Advisory Board website.


Changes to survivor benefits for same sex spouses and civil partners

A change to the scheme rules has been made to provide that survivor benefits payable to a same sex spouse or a civil partner are equal those paid to the widow of a male member. 

The changes to the regulations were part of the LGPS (Miscellaneous Amendment) Regulations 2018 which came into force on 10 January 2019.  These regulations amend the LGPS Regulations 2013 and the LGPS (Transitional Provisions, Savings and Amendment) Regulations 2014.

The change is backdated to the date the civil partnerships and same sex marriages were introduced – this is 5 December 2005 for civil partnerships and 13 March 2014 for same sex marriages.

The change will automatically be taken into account in survivor benefits paid to civil partners and same sex spouses in the future.