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In 2014, new laws introduced a ‘Career Average Revalued Earnings’ (CARE) Local Government Pension Scheme. These laws included protections for those closest to retirement.

Following a legal challenge known as Sargeant, the courts determined that the protections given to members were age discriminatory.

On 15 July 2019, the government made a written statement [HCWS1725] accepting the court’s decision. They confirmed that they would engage with the Employment Tribunal to agree how to fix the discrimination. The written statement confirmed that this fix, or remedy, would apply across all public sector schemes.

We understand that the changes will take place in 2013 and apply to members who:

  • were in service on 31 March 2012
  • have service after 31 March 2014, and
  • do not have a disqualifying break. A disqualifying break is a period of five years or more when you were not a member of a public service pension scheme.

These changes will be put in place automatically for all members affected.

More information can be found on the National LGPS members website including FAQs.

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