Public Service Pension Reform - Legal Challenge To Transitional Protections

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As part of the reforms to close final salary public service pensions in 2015, certain protections were given to those members who were closest to retirement. This has been challenged by members of the Judiciary scheme, and member of the Firefighters' schemes in England and Wales. On 20 December, the Court of Appeal found in favour of the claimants against the UK Government, ruling that the protections were discriminatory on grounds of age.

Scottish Ministers are aware of the Court of Appeal's decision in the firefighters' tribunal case, and are considering the judgement. Claims in Scotland are on hold pending the final outcome of the case, which will depend on the UK Government's response and whether it is granted permission to appeal the ruling to the Supreme Court. We will provide further comment at the appropriate time.

In the meantime, SPPA will continue to administer pension schemes in line with the existing regulations.

Link to Scottish Government Website