Contingent decisions
What is a contingent decision?
A contingent decision is a decision taken by a member, that would have been different had it not been for the discrimination identified by the courts. The decision will relate to your membership of the NHS Pension Scheme during the remedy period 1 April 2015 to 31 March 2022.
The types of contingent decisions are:
- opting out of a pension - a member who would not have opted out if they had been allowed to remain in the Legacy scheme beyond their transition date
- transfers - a member who chose to transfer (in or out) and now wants to revisit the decision, or chose not to transfer and now wants to do so
- additional service - a member who would have purchased (more) additional service if they were in the Legacy scheme
At the moment, the only contingent decision you can apply for is buying back into a pension scheme you opted out of.
We’ll open applications for transfers and additional service later.
Apply to buy back into your pension if you opted out under 2015 Remedy
Am I eligible to apply?
If you opted out between 1 October 2014 and 31 March 2022, you can apply to buy back service for the period between 1 April 2015 to 31 March 2022, if the reason you opted out was because of the discrimination identified by the courts.
Check if you’re eligible for 2015 Remedy.
The specific date that you opted out and the scheme you opted out from will depend on how this service can be re-instated.
How much will it cost?
If your claim is approved, you'll need to pay the total contributions and interest due.
Tax relief will be deducted from the amount due. The way this will be deducted depends on your status and your selected payment option.
Annual allowance
If you buy back into your pension, any increase in your pension benefits might change your annual allowance.
Before you apply
Before starting your application, check that you meet the following eligibility criteria:
- you’re eligible for 2015 Remedy
- the service you want to buy back is during the period 1 April 2015 to 31 March 2022
- you opted out between 1 October 2014 and 31 March 2022
- you would not have opted out if the discrimination identified by the courts had not happened
How to apply
Before you apply
Before starting your application, check that you meet the following eligibility criteria:
- you’re eligible for 2015 Remedy
- the service you want to buy back is during the period 1 April 2015 to 31 March 2022
- you opted out between 1 October 2014 and 31 March 2022
- you would not have opted out if the discrimination identified by the courts had not happened
If you're eligible, complete the application form.
When to apply
You can apply now. You have 12 months from the date on your RSS to apply.
Applying for someone else
You can apply on behalf of a member if you have power of attorney for them or are legally acting on their behalf.
You can also apply if you're making decisions on behalf of a member who has died.
Getting help to apply
You might want to get independent support or advocacy to help you apply to buy back into your pension scheme.
You can find out about advocates in your area by contacting the Scottish Independent Advocacy Alliance:
Phone: 0131 510 9410
Website: www.siaa.org.uk
You can find out about advisers in your area through Citizens Advice Scotland:
Website: www.cas.org.uk
Submitting your form and evidence
By email
If you’re emailing us your form, scan in and email us your evidence with your application form.
Email us at: SPPAcustomercare@gov.scot
By post
If you’re posting us your form, make sure you include photocopies of your evidence.
Post your application and evidence to:
Scottish Public Pensions Agency
7 Tweedside Park
Tweedbank
Galashiels
TD1 3TE
What happens after you apply
We’ll confirm we’ve received your application.
We’ll review your application and evidence. Within six months of receiving your completed claim, we’ll decide if your application:
- is successful – and we’ll tell you how much you’ll need to pay
- is rejected – and we’ll explain to you why
- needs more evidence to support your application
If we need more evidence, we’ll let you know.
If your application is approved
If your application is approved, we’ll send you a contingent decision ‘Remediable Service Statement’ (RSS) for buying back opted-out service.
This will have details of:
- the contributions and interest that you’ll have to pay
- information about any associated pension benefits so you can see the impact of any Contingent Decision election. Both the Legacy and Reformed Scheme choices will be shown
- details of how and when you will need to make payment(s)
We’ll also ask you to let us know your decision. You must make your decision within 12 months.
If your application is rejected
If your application is rejected, we’ll send you details of how to raise a dispute through the Internal Dispute Resolution Procedure (IDRP).
You’ll also have the right of appeal to The Pensions Ombudsman.