The McCloud judgment is very unlikely to affect you OP. It won’t affect your Civil Service scheme rights, because you weren’t in the Civil Service at the time the changes to the scheme were made that the McCloyd judgment has ruled were discriminatory.
You will fall into the category of members to be looked at in the LGPS, but it’s very unlikely your benefits will change.
When the new career average schemes were introduced, it was done differently in the LGPS to the other public sector schemes. In the other schemes, the old final salary scheme was closed (except for those closest to retirement) and a new career average scheme (CARE = Career Average Revalued Earnings) was opened which everyone else was moved into. That’s why other public sector schemes, including civil service, have to move people back to the final salary schemes, but as I said this won’t apply to you as you weren’t in the civil service then.
In LGPS the changes were done differently. Everybody irrespective of their age was moved to the new CARE arrangements, but those closest to retirement had an underpin where on retirement the benefits accrued in the CARE scheme were compared with the benefits they would have accrued in the final salary scheme had those rules continued, then the highest amount was paid. As a result of the McCloud judgment the underpin will be extended to younger members. However most people won’t see any change as a result of this. The CARE arrangement has a higher accrual rate than the final salary bit (49ths compared to 60ths) and the revaluation added to the CARE benefits has generally been higher than most people’s pay rises. This all means that the vast majority have so far been better off in the CARE arrangement than they would have been if final salary had continued.
However, even if you transfer out your LGPS fund will be required to still look at your benefits and pay anything else you would be entitled to as a result of McCloud so would pay a further transfer to the civil service.
All that is a long winded way of saying that you don’t need to consider McCloud when looking at whether to transfer or not.
Get your new civil service arrangement to provide a transfer quotation to you. That will show what the transfer will buy in the civil service and you can compare that with what you will get from LGPS.
Some things to consider:
- if you transfer it, it will then all be in one place. This can be administratively easier, but it means that you can only then take it all when the civil service says you can. This can also be an advantage if you have to retire early for any reason (redundancy, ill health) as it would then all be paid out. However, if you keep separate you will be able to take your LGPS benefits while still working for the civil service if you want to.
- retirement age - if you transfer your LGPS benefits they will then be payable at the civil service retirement age, which might be later than the LGPS retirement age.
- death benefits - check what each scheme will pay out if you die. Once transferred you will only get whatever death benefits the civil service offers. If kept separate you will get death benefits from both schemes. You need to see if the combined death benefit would be worth more than separate death benefits.
- future salary. The final salary bit in the LGPS is linked to whatever your FTE salary was when you left the LGPS. If you transfer it, it will then be linked to whatever your final salary will be when you leave the civil service. You need to think about whether your FTE salary on leaving civil service will be higher than the inflation-proofed value of your salary when leaving LGPS. Future salary won’t impact any of the CARE you have already built up - that’s not calculated by working out your average salary once you get to retirement. It’s done by taking your actual salary each year, giving you a proportion of that as pension (in the LGPS this is a 49th), and then inflation proofing each year’s contribution. Therefore, the CARE pension already built up isn’t affected by future pay changes. The CARE built up in the LGPS would just be moved over to the civil service scheme.
Hope that helps.