Local Government Pension Ill Health Retirement Tiers

mrcol1000

I have been off sick for nearly a year and have been diagnosed with an illness that makes it difficult for me to walk and means that I get very tired very quickly in both my legs and my arms. My diagnosis is that in the years to come this will get worse and worse and I will most likely be in a wheelchair by 60 (I am 31 now).

I live in another city to which I work and it is approx 20min by train. I can not even leave the house on my own let alone travel to work and this is why I am off sick. My employer, a local council, referred me to their doctor who has written a report saying that I am too ill to do my office job and there is no work that I could do in the council due to my medical problems. He has said that he recommends that I am retired due to my ill health on tier 3 of the local government pension fund.

I have looked this up and tier 3 is for employees who are unable to do their current job but will most likely find further employment of at least 30 hours a week within three years.

I do not see myself even being able to do part time employment in the next few years yet alone full time employment. I can barely walk and regularly fall. Even going to the supermarket where I can lean on a trolley tires me out. My GP and specialist both agree I should not be working and that this condition is going to get worse as the years go on. I have told my manager this and he seems to be of the opinion of their doctor always being right.

No decision has been made yet but I wonder if anyone has any experience or knowledge of this? I do not understand how their doctor can say I can not do a sit down in an office all day job for them but that I will be able to get another full time job within three years. I intend to appeal the decision if they award me a pension at tier 3 but would only be able to get this bumped up to tier 2 (that you can find full time employment after 3 years) if I won my appeal. I feel that I should be awarded a full pension on tier 1 as its unlikely I will ever be able to work full time again.

Thanks in advance for anyones help.

Pixieboy

Hi, there are two hurdles to ill health pension in the LGPS, the first is having your employment terminated on grounds that you are permanently incapable of your current job (until at least age 65), and the second is that you must have a reduced likelihood of being capable of 'gainful employment'.
In this context “gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 month.

From what you have said, the Independent Registered Medical Practitioner or IRMP (who provides an opinion to the employer upon which the pension decision is then made by the employer) has said you meet these two criteria. That is, unless what you have said is based purely on the employer's occupational health's view of course...

The IRMP also gives an opinion on the point at which they consider that you would be capable of undertaking 'gainful employment' - this is the basis for the employer to determine which tier you are awarded.

Again, from what you have said, the IRMP has expressed the opinion that you will, on the balance of probabilities, be capable of undertaking ‘gainful employment’ within 3 years of leaving.
In addition to the tier decision itself, you should be able to be given the reason for that decision, this is more than ‘the doctor has ticked that box on the form’ and should include the IRMP’s advice on why they consider you will, on the balance of probabilities, be capable of undertaking ‘gainful employment’ within the time frame they have said.

You should check that all appropriate, and current, medical information has been provided by those involved in your care and that this has been considered by the IRMP in forming their opinion; this should ideally include details from an accredited consultant.
Once the formal decision has been made by the employer, you may appeal under the Internal Dispute Resolution Procedure (IDRP). You mention only being able to be moved to tier 2 as a result of this appeal process, however that is not the case; if the appeal, at whatever of the 3 stages (employer, administering authority and finally Pensions Ombudsman), is successful and an your employer as a result determines that there is no reasonable prospect of you being capable of undertaking any gainful employment before age 65, then a tier 1 award would be made.

A tier 3 award is reviewable and, as a result of a review, it is only possible to be moved up to a tier 2 award – this may be where the confusion has occurred, however an appeal over the initial decision is not the same as a review in this context.

Ill health pension awards, or refusal, are among the most contentious LGPS decisions. I am in no way saying that the employer decision, or the IRMP opinion, is incorrect, however you need to satisfy yourself that the appropriate process, informed by relevant medical evidence and opinion, has been followed.

Your employer should be able to provide details of the IDRP that is in place, or may refer you to the administering authority to obtain details of the IDRP for their Fund.

The above all assumes you are employed in England or Wales.
Hope this helps.

mrcol1000

Sorry I have only just read this after Christmas. Thank you for your help. Work have been useless at explaining anything to me.

IRMP has said that I am not fit for work. Thank you explaining the confusion over the tiers. I believe the doctor has gone on a report work got from my GP six months ago when I was slightly better and the IRMP has made endless errors in the report/

Blackdog

Good luck with sorting this out. If you are concerned about the support your manager is giving you then you should contact the head of HR and talk it through with her/him. HR will be much more familiar with the issues and should be able to help answer your questions and move things on.