On October 5, 2023, HMRC published guidance for private sector pension schemes affected by the McCloud judgment.

What is known as the "McCloud remedy" was implemented on October 1, 2023, and is intended to remove the effect of past age discrimination in public sector schemes. It has been recognised that there may be knock-on effects for private sector scheme members as well.

There are possible tax implications where increased usage of LTA in a public sector scheme could retrospectively create an LTA charge where the individual has withdrawn benefits from a private scheme. Schemes may therefore need to re-process benefit crystallisation events where a member has been paid an LTA excess lump sum and all or part of that lump sum is no longer considered "excess" following changes effected earlier this year. The guidance explains how to adjust the LTA charge in the relevant cases.