Just two of the thousands of retired teachers who could be due compensation after a landmark pensions court ruling on age discrimination seven years ago have received the money so far.
The 2018 McCloud judgment declared that previous changes made to public sector pensions treated younger workers unfairly. To fix this, the government promised to pay back more than £17 billion to those affected.
This involved issuing “remediable service statements” to retired teachers, asking whether they would like their pension entitlement to be calculated based on their current scheme, known as the “legacy” option, or the new “reformed” scheme.
Just two retired teachers paid
Teachers who choose the reformed scheme could have their annual pension bumped up or be due backdated payments.
Data obtained by Schools Week shows that 15,362 retired teachers have so far made a decision after getting detailed statements from the pension scheme. But only two of those have received the money or pension increases they were promised, a freedom of information request has found.
The government said the majority of retirees are choosing to maintain their current pension benefits, saying younger teachers are actually more likely to be impacted.
They said most adjustments to payments will also be “relatively minor”, but would not say how many teachers chose the reformed pension scheme.

Kate Atkinson (pictured), national secretary at school leaders’ union NAHT, said it was “simply unacceptable” that retired teachers “whose pensions have been paid on a discriminatory basis are still waiting to receive the pension to which they are entitled and have paid into throughout their working lives”.
Some retired teachers are also still waiting for their statements to be issued.
In April, the Teachers’ Pension Service (TPS), the management of which is outsourced to Capita, said that, while 500,000 statements had been issued, some “complex cases” were still being worked on.
Atkinson said the “delay and backlog … isn’t an issue that can continue to be ignored”.
She added: “The Department for Education should look into these issues as a matter of urgency as they impact professionals who have devoted their careers to improving the lives of children and who shouldn’t be ignored in their retirement.”
I want a timetable, and someone held accountable
The TPS is not the only scheme affected. NHS staff, firefighters and civil servants are also caught in the wider McCloud remedy rollout, which the Office for Budget Responsibility estimates will cost the Treasury over £17 billion.
Government ‘turning blind eye’
Affected former school leaders have warned the issue has the same dynamics as the Post Office scandal, with the government “turning a blind eye” as it is not “high on the priority list”.
Alison Aylott, a retired school leader, has been battling to access a pension lump sum she was promised as part of the government’s remedy scheme.
Despite submitting her decision in February to accept a payment worth significantly over £20,000, Aylott says she is still waiting, nearly four years after she retired.
“I missed out on the opportunity to invest that money, whether in an ISA or something else,” she added. “They say interest will be paid, but at what rate? For how long? That’s not really good enough.”
One official link they gave her for further guidance led to a pensions advisory agency that has been defunct since 2018.
Another retired school leader, who left the profession in August 2023, says ongoing delays in implementing the McCloud pension remedy have left them around £40,000 short.
“I retired knowing what those numbers were likely to be because I’d used the calculator and saved the figures. But I’m now down about £5,000 a year, and short between £30,000 and £40,000 in a lump sum. I can only just manage and I’m seriously considering returning to work.”
The former teacher, who does not want to be named, claimed initial assurances that the issue would be resolved by March 2024 were quietly pushed back, with no firm update since.
When they checked the TPS website, it stated that 125,000 remedy statements for retired members to have the conversation started on compensation would not be issued in full until September 2025.
“It’s my money, and I need it now… We’re being dealt with like the Post Office scandal. Brushed aside because we’re not shouting loud enough. The judges and firefighters got sorted.
“But we’re told the teacher cases are too complicated. I want a timetable, and someone held accountable. This is money I’ve paid in. How legal is it to withhold it?”
Issue causes wider delays
The backlog in dealing with cases appears to have overwhelmed the TPS, and is also affecting current teachers who have wider questions about their own pensions.
Aylott said attempts to get updates on her case have involved multiple waits of longer than an hour on the TPS helpline.
Freedom of information figures show average waiting times for the helpline in the week commencing February 17 this year were 49 minutes. During a week in May, the average wait was 19 minutes.
The delays in remedial service statements have also stopped teachers getting a divorce, as a pension valuation is needed by the courts to decide whether it should be shared with an ex-partner.
More than 3,000 people were waiting for valuations as of October last year, but that was down to 620 in March, the BBC reported.
I can only just manage. I’m seriously considering returning to work
Melanie Moffatt, pensions specialist at the Association of School and College Leaders, said: “While we understand that the complexity of the remedy means this is far from a straightforward process, we are hearing too many examples of members being adversely affected.”
The DfE and Capita did not want to provide an on-record comment, but they said it was “always planned that the issuing of payments would be made some time” after statements were issued.
They said the Teachers’ Pension Scheme has “begun issuing payments to members this month”.
The two payments already made were “on an exceptional basis due to the particular circumstances involved”.
“To unpick seven years of pension accrual is extremely complicated and is an unprecedented administrative task for the public service pension schemes,” they added.
Capita has lost its contract to run the scheme, which it held for more than 25 years. It is due to be taken over fully by Indian IT company Tata Consultancy Services in October.
A Schools Week investigation in 2020 found that teachers’ pensions could be tens of thousands of pounds short because of administrative failures – with the government admitting it has no idea how big the problem is.
I put in a FOI request and then followed this up with my MP asking for more detail over why just TWO out of 15,000 had received payments…I got this from Catherine McKinnell MP, Minister for School Standards:
“I was sorry to read of Mr Fountain’s concerns that there has been a three-year delay in Teachers’ Pensions (TP) implementing a member’s choice. It may help if I explain that the Teachers’ Pension Scheme (Remediable Service) Regulations 2023 came into effect on 1 October 2023, which gave TP the legal authority to begin issuing Remediable Service Statements (RSSs). Following this, complex issues were subsequently identified regarding pension tax and interest rules that required lengthy investigation with HM Treasury, HM Revenue and Customs, legal advisors and the other affected public service schemes that are also required to implement a remedy to the discrimination. IT development and staff training for the administration could only continue once these queries were resolved. TP commenced issuing RSSs in October 2024.
The TPS has approximately 590,000 members who are subject to the transitional protection remedy and will need to have their choices calculated and communicated to them, which is a significant administrative task. Issuing of the RSSs also needs to be staggered over a period of time to ensure that queries can be addressed, therefore this is a complex and time-consuming process. 129,000 of these members are rectification members.
The 15,362 figure Mr Fountain refers to is the number of members who have returned RSSs to TP at the date of his Freedom of Information request. However, approximately 11,000 of these members have opted to remain with their original retirement award and therefore only around 4,500 members have opted to choose the alternative option and will need to have their award revised.
The regulations provide for a member’s choice to be put into payment as soon as is reasonably practicable. The two cases Mr Fountain refers to where payments have already been made are test cases, and payments for all other members have been planned to commence from June, once processes and staff training have been put in place. Calculations will have moved on from the date that the RSS was produced, and there are a number of procedures involved in adjusting pension in payment and paying a different amount, to ensure that those payments are appropriate. The department recognises the importance for members in Mr Fountain’s position, and the scheme administrator will work through these cases as quickly as possible.”
“From June”…echos what we have been told before…it was “From October”…”From May”…how long before it is “from some unspecified time in the future – since we cannot do it in the past”
That changes to the payments have not been put in place the instant the teacher has responded with their choice beggars belief.
The figures have been calculated and shown to the teacher BEFORE they could make their choice. The numbers are in the system.
If a teacher received a lump sum of £10,000 and their choice says it is now £15,000 what else is there to do but pay the missing £5,000. What “other checks” are needed unless they are saying that the figures they have presented to the teacher are not going to have been the correct ones?
A monitor and record needs to be kept of those retired who regrettably die before receiving a choice – the issue that arises is that beneficiaries will lose out presuming the best choice usually the lump sum being passed on.
The longer the delay benefits the Pension funds not being paid out to those who die in between.
Teacher Pensions need to eliminate this possible advantage by stating beneficiaries will not lose out.
Admittedly this adds to their administrative burden. I am not comfortable with the running of the pensions being outsourced as this ‘advantage’ may become part of the delay running calculations.
I received my RSS statement in the middle of Feb – with just over £20k as an additional lump sum due. My case is a straightforward one having retired in 2022. I have just spent 12 months supporting my son through an acrimonious custody battle and have legal fees in the region of £15K. I have had to take out personal loans to cover those fees in the absence of the payment due to me from TPS – incurring significant costs in interest and pushing my financial situation to the absolute limit. All because TPS have not paid me what I am owed.