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The Pensions Ombudsman (TPO) has published a factsheet on McCloud. The factsheet sets out TPO’s views on what affected members and schemes can do now and TPO’s present approach to dealing with McCloud complaints.

TPO’s general starting position is that it would not investigate McCloud complaints. This is because it acknowledges that the Government is taking steps to address the discrimination with retrospective effect. TPO will, however, carefully look at the facts of each case before deciding whether to investigate.

In 2018, a court ruled that pension schemes must ‘equalise’ the Guaranteed Minimum Pension (GMP) benefits for men and women. Currently, they are linked to the old state pension ages of 60 (for women) and 65 (for men).

GMPs are intended to be paid from the old state pension ages for men and women alike, (their ‘GMP age’), however they are not paid as well as a pension. This is because it is already included within the make-up of the pension. That said, the different starting ages for men and women can, in some instances, create inequality.

When the Government reformed public service pension schemes in 2014 and 2015 they introduced protections for older members. In December 2018, the Court of Appeal ruled that younger members of the Judges' and Firefighters' Pension schemes had been discriminated against because the protections did not also apply to them.