Forces Pension Society on McCloud Case

Posted on Thursday 18 March 2021

The Forces Pension Society has prepared a briefing note about the McCloud case, full details below.

Understandably, following the recent announcement of the outcome of the Government’s consultation, FPS Members have been concerned to find out how their pension rights might be affected. A brief summary of key questions and guidelines answers:

What is the McCloud Case and who is affected?

In late 2018 an age discrimination ruling was made in the courts against Public Sector Pension Schemes introduced in 2015. This resulted in the Government having to find a remedy for all those affected, namely all personnel in service both on or before 31 March 2012 and on or after 1 April 2015 – including service leavers.

What was Government’s decision and how might it impact me?

Government considered two options and chose the one we at the Forces Pension Society advocated as being in the best interests of the Armed Forces Community. It has the unlikely title “Deferred Choice Underpin” and it means that when benefits become payable, all those impacted will be able to choose between the benefits of their legacy scheme (AFPS 75 or 05) or the reformed pension scheme (AFPS 15) for the remedy period of 1 April 2015 to 31 March 2022.

The great advantage of this option is that it allows you to make an informed decision based on actual pension benefits earned.

How will I make a decision when the time comes?

You will need to assess the pros and cons of the alternatives and judge which is best for you, based on your and your family’s needs at that time. This could involve a complex calculation – and depending on your circumstances may require guidance for our Members from our Pension Advisory Team. As always, we will be here to support our Members and help them make better choices.

When will I need to deal with this?

Right now there is no need for you to take any action – though you might want to consider joining the Forces Pension Society as many already have – in order to be kept fully informed step by step as more details become clear.

It will likely be several months until the necessary legislation has been enacted. By the time the process is in place, if you have already left the Armed Forces or are in Resettlement, you will be contacted by MoD/Veterans UK and provided with the information you will need.

If you would like to join more than 60,000 existing Members of the Forces Pension Society, please visit or email

It pays to understand your pension.

Maj Gen Neil Marshall, CEO, Forces Pension Society

The Royal Navy Officers' Charity (RNOC) have supported
officers and their families since 1739