Taking early retirement

Fabio_fausti

Hi
I would like some advice on the following please:

I left my job due to Ill health last september as I was off sick for about a year and a half and the doctors were still investigating me and carrying out tests during my time off sick.

A few weeks after reluctantly resigning from my post I was finally given a diagnosis which according to my doctor It means that I am unable to work indefinitely as my condition is chronic.

During my time at work (approx 16 years) I paid into a local gov pension.

My question is:

am I able to take early retirement even though I left my job last year?

I can prove that I left due to I'll health and not out of choice.

Also at the time, my employer made it clear that if didn't resign, then they would take action to dismiss me as I had been off sick for a long time.

Any help would be appreciated.

Geezer_BJ

HI,

I would be interested in some advice on this matter also. My Father in law is in a similar position. He has been employed by a public sector utilities company for over 30 years and pays into a local government pension scheme. He is 49 and has been off sick for 1 year with back and neck pain which is a result of a work related industrial injury in 1999.
He has undergone surgery, physio and pain management but none have helped improve his condition.
He is assessed as 40% disabled and needs sticks or a wheelchair for any mobility.
After lengthy discussions with his employer he asked to be considered for ill health retirement. Upon assessment by independant occupational health consultant he was found not to meet the criteria for early retirement, yet was unfit to return to work.
Further consultations with his employer ended in an ultimatum - either accept voluntary redundancy or face a capability hearing (which would end in termination of contract)
He accepted the VR and received a small lump sum. However, he has been advised by his suregeon and GP that he will never be fit for full time employment.
All the extra stress of this last year or so has had a significant impact on his mental health which is now exacerbating the problem.

Is he entitled to an appeal for early retirment even though he has accepted VR ?

Thanks.

SarEl

No in both cases.You cannot turn back clocks. The rules of the LGPS are that if you meet certain criteria whilst still in employment, then you will entitled to ill health retirement - but you must meet the criteria applied by the scheme, which I believe are "unfit for any employment".

McKneff

SarEl is far more experienced than I am about this sort of thing.

I only want to add that it's never, evera good idea to resign because of ill health, you both should have waited to be dismissed.

Sorry.

Geezer_BJ

McKneff wrote: »

SarEl is far more experienced than I am about this sort of thing.

I only want to add that it's never, evera good idea to resign because of ill health, you both should have waited to be dismissed.

Sorry.

Really?
If you had the choice of being dismissed with no financial recompense, or to receive a lump sum for VR you would wait and leave with nothing ... knowing that you will be unable to find further employment?

McKneff

But the OP doesnt want (or should I say cant do) further employment, had they been dismissed through ill health they would then have been able to claim their pensions.(with lump sums) Now all they are getting is presumbly ESA, DLA, benefits etc. till they are 55

Geezer_BJ

Sorry, I was relating to the case of my FIL which I outlined in post 2.

He was refused early retirement on ill health after assessment from occupational health doctor. The same doctor also agreed that he was not currently fit to work.

His employer offered VR, and stated that as he had been off sick for 12 months, he would face a capability hearing, which would result in termination of contract.

He was refused early retirement on the grounds of ill health. The 2 options open to him were dismissal or VR. He accepted VR but still believes he should be entitled to Ill Health retiral. Is this decision apealable with the pension scheme?

tanith

What a shame both parties didn't get advice at the time before quitting as this was the wrong thing to do, I was in a similar position and had excellent advice and support from my Union.. it took over a year but I was eventually granted ill-health retirement 'unfit for any employment', that my employer could offer me. My full pension was then granted. Sorry but I have no idea if this is now able to be appealed but by the other posts it would seem not.

SarEl

Tanith and McKneff are correct. The rules apply to be unable to do any employment (that includes part-time, or with another employer even), and can only be claimed whilst still in employment. So it means, if you are refused, taking the risk and fighting on by appealing the medical decisions, providing evidence from your own specilaists that you meet the criteria - and risking being dismissed on capability grounds.Which I realise isn't an easy option, but it is the only one.