For the remedy period (i.e. the period of discrimination 1 April 2015 to 31 March 2022), eligible members will be able to choose to receive legacy pension scheme benefits or benefits equivalent to those available under the reformed pension scheme. This choice will be offered at retirement on what is known as Deferred Choice Underpin (DCU)

The DCU approach means the member does not need to make a choice until they reach retirement age.

Benefits accrued under the reformed scheme for all eligible members will be converted to legacy scheme benefits (their former final salary scheme) for the whole of their service in the remedy period.  The benefits accrued in the reformed scheme will be kept and treated as an underpinned record.

At retirement, they will then be offered a choice of the legacy benefits or the reformed benefits for the remedied period. 

The provision definition documents (PDDs) that define the provisions of the Public Service Pensions and Judicial Offices Act 2022 (PSPJOA 2022) for each area of the retrospective remedy have been finalised and the Home Office is working with stakeholders to develop scheme specific policy. These discussions will help to inform the drafting of secondary legislation, ahead of formal consultation early in 2023.

The regulations are due to come into force on 1 October 2023.

The following documents relate to the retrospective remedy: