Request

‘I am seeking data relating to the NHS Pension Scheme McCloud Remedy (Deferred Choice Underpin).

Please provide the information below using the most recent date for which data is available.

1) Choice letters: As of the most recent date for which data is available how many members who have received their DCU choice letter have: a) chosen to retain their existing (current) benefits for the remedy period and b) chosen to change to the alternative set of benefits.

2) RSSs issued to retired members: As of the most recent date for which data is available how many Remediable Service Statements (RSSs) have been issued to retired members broken down by the categories used by NHSPS/NHSBSA for example Protected Tapered Unprotected Ill-Health Retirement Bereavement.

3) RSSs not yet issued: As of the most recent date for which data is available how many RSSs remain to be issued to retired members broken down by the same categories.

4) RSSs returned: As of the most recent date for which data is available how many RSSs have been returned by retired members in each category.

5) RSSs processed: As of the most recent date for which data is available how many returned RSSs have been fully processed by NHSPS/NHSBSA in each category.’

[On 19 January 2026 you clarified your request as follows]

‘To clarify Question 1 of my request:

I am referring to Choice on Retirement members under the NHS Pension Scheme McCloud Remedy (Deferred Choice Underpin). For the avoidance of doubt, by “chosen to retain their existing (current) benefits” and “chosen to change to the alternative set of benefits”, I am referring to whether members have chosen to have legacy scheme benefits or 2015 scheme benefits paid in respect of their remediable service period, where such a choice has been made following the issue of a DCU choice letter. If it is the case that, as of the most recent date for which data is available, no such choices have yet been made or recorded for Choice on Retirement members, please confirm this and provide any available aggregate figures accordingly.’

Response

Question 1 - Choice letters: As of the most recent date for which data is available how many members who have received their DCU choice letter have: a) chosen to retain their existing (current) benefits for the remedy period and b) chosen to change to the alternative set of benefits

The functionality that will allow members to make their McCloud choice at the point of retirement is currently in development. We will update members as much as possible about when they can expect to receive their Remediable Service Statement (RSS) through the NHS Pensions website.

We are currently prioritising RSS for groups of Scheme members who are most likely to have faced financial detriment as a direct result of the McCloud remedy period. We take a number of factors into consideration, including when a member retired, how their pension was affected by the remedy period (for example, some members had their benefits protected), and whether they are an active or deferred member. 

To date fewer than five members deemed to be at higher risk of financial detriment have been offered a choice at the point of retirement before the full system functionality is available.

Fewer than five members

Please be aware that we have decided not to release the exact number of members, as the number is fewer than five. This is because the members could be identified when combined with other information that may be in the public domain or reasonably available.

This information falls under the exemption in section 40 subsections 2 and 3A (a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as:

it is not fair to disclose personal details to the world and is likely to cause damage or distress.

these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the members.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

Breach of member confidentiality

Please note that the identification of members is also a breach of the common law duty of confidence. A member who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/41

Question 2 - RSSs issued to retired members: As of the most recent date for which data is available, how many Remediable Service Statements (RSSs) have been issued to retired members broken down by the categories used by NHSPS/NHSBSA? For example, Protected Tapered Unprotected Ill-Health Retirement Bereavement.

Question 5 - RSSs processed: As of the most recent date for which data is available how many returned RSSs have been fully processed by NHSPS/NHSBSA in each category?

A copy of the data is attached.

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2026”. Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.