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Ill Health and Medical Retirement


I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
Comments
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ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!1 -
Marcon said:Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?1
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Marcon said:ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?
I'm not sure what sort of scheme they are on but can try and find out. My understanding is that there's some sort of payout over a set number of weeks/months in addition to the pension payments. He is almost 63 and my understanding is that he already receives some sort of pension payments.
The recommendation to look at ill health retirement was made by his Union rep and the possibility has also been raised by direct management. The Union has asked for him to make enquiries about whether he meets the criteria. I am waiting for details of the companies Ill Health Policy to see how we go about this.
My biggest concern is always that this doesn't work out and the employer has a stronger case to dismiss him on 12 weeks notice. Is that not the case then? He is currently unable to work based on a number of factors, one of which is pending operation which seems to be taking forever. Even with the operation, I would say it's uncertain that he would be able to work again in his current role. I guess it would be for the employer to decide where/if he could fit into another role, but they have never considered this to date despite repeated requests. Currently going through internal grievance, tribunal etc in relation to discrimination and failure to make adjustments and so on. If they were to dismiss him now for capability without ever considering any adjustments/alternative then my understanding is that he could also add unfair dismissal to his claim. My concern is that this would somehow turn into a 'fair' dismissal if he goes through the IHR assessment and doesn't meet the criteria.
I'm not too sure about Permanent Health Insurance either. I can ask the question, but it certainly hasn't been mentioned in meetings, or by the Union.0 -
ruudy said:Marcon said:ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?
I'm not sure what sort of scheme they are on but can try and find out. My understanding is that there's some sort of payout over a set number of weeks/months in addition to the pension payments. He is almost 63 and my understanding is that he already receives some sort of pension payments.
What you're describing sounds very much as if his pension is already in payment, and the employer also offers permanent heath insurance (PHI), but it's impossible to be certain based on your (understandably) hazy description.ruudy said:The recommendation to look at ill health retirement was made by his Union rep and the possibility has also been raised by direct management. The Union has asked for him to make enquiries about whether he meets the criteria. I am waiting for details of the companies Ill Health Policy to see how we go about this.ruudy said:
My biggest concern is always that this doesn't work out and the employer has a stronger case to dismiss him on 12 weeks notice. Is that not the case then? He is currently unable to work based on a number of factors, one of which is pending operation which seems to be taking forever. Even with the operation, I would say it's uncertain that he would be able to work again in his current role. I guess it would be for the employer to decide where/if he could fit into another role, but they have never considered this to date despite repeated requests. Currently going through internal grievance, tribunal etc in relation to discrimination and failure to make adjustments and so on. If they were to dismiss him now for capability without ever considering any adjustments/alternative then my understanding is that he could also add unfair dismissal to his claim. My concern is that this would somehow turn into a 'fair' dismissal if he goes through the IHR assessment and doesn't meet the criteria.
I'm not too sure about Permanent Health Insurance either. I can ask the question, but it certainly hasn't been mentioned in meetings, or by the Union.
If the employer does have PHI, then all the above is likely to be a moot point. If he meets the insurer's criteria (thus enabling the employer to claim under the policy and continuing to employ him and pay his salary), and he has not yet reached the maximum age at which PHI benefits will be paid out, that is likely to be a much better option than ill health retirement - but again, he needs to check.
I cannot stress enough the importance of establishing all the relevant facts in this particular case and in relation to the pension scheme. Taking decisions based on incorrect or incomplete information rarely benefits the employee, yet it happens all too often, especially when someone is in poor health and feels both physically horrible and psychologically vulnerable.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!2 -
Marcon said:ruudy said:Marcon said:ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?
I'm not sure what sort of scheme they are on but can try and find out. My understanding is that there's some sort of payout over a set number of weeks/months in addition to the pension payments. He is almost 63 and my understanding is that he already receives some sort of pension payments.
What you're describing sounds very much as if his pension is already in payment, and the employer also offers permanent heath insurance (PHI), but it's impossible to be certain based on your (understandably) hazy description.ruudy said:The recommendation to look at ill health retirement was made by his Union rep and the possibility has also been raised by direct management. The Union has asked for him to make enquiries about whether he meets the criteria. I am waiting for details of the companies Ill Health Policy to see how we go about this.ruudy said:
My biggest concern is always that this doesn't work out and the employer has a stronger case to dismiss him on 12 weeks notice. Is that not the case then? He is currently unable to work based on a number of factors, one of which is pending operation which seems to be taking forever. Even with the operation, I would say it's uncertain that he would be able to work again in his current role. I guess it would be for the employer to decide where/if he could fit into another role, but they have never considered this to date despite repeated requests. Currently going through internal grievance, tribunal etc in relation to discrimination and failure to make adjustments and so on. If they were to dismiss him now for capability without ever considering any adjustments/alternative then my understanding is that he could also add unfair dismissal to his claim. My concern is that this would somehow turn into a 'fair' dismissal if he goes through the IHR assessment and doesn't meet the criteria.
I'm not too sure about Permanent Health Insurance either. I can ask the question, but it certainly hasn't been mentioned in meetings, or by the Union.
If the employer does have PHI, then all the above is likely to be a moot point. If he meets the insurer's criteria (thus enabling the employer to claim under the policy and continuing to employ him and pay his salary), and he has not yet reached the maximum age at which PHI benefits will be paid out, that is likely to be a much better option than ill health retirement - but again, he needs to check.
I cannot stress enough the importance of establishing all the relevant facts in this particular case and in relation to the pension scheme. Taking decisions based on incorrect or incomplete information rarely benefits the employee, yet it happens all too often, especially when someone is in poor health and feels both physically horrible and psychologically vulnerable.
Thanks for your very detailed responses.
Yes, it's very difficult because he's in such a mess that he doesn't seem to know the answers to anything himself. The only thing I can tell you if it help is that the employer is the Royal Mail.
I will do my best to find out these details. Is there any organisations you recommend I set him up to speak to in order to work out the answers to a lot of these things? I tried a lot of the Royal Mail numbers and they all seem to go to automated answering services. All seems very closed off.
Thanks Again
Ruudy
Edit - a quick google of PHI and this company would suggest they don't offer it.
Also, looking back at his messages, I think the payment he may have received is a tax-free percentage of his pension after the age of 55.
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Don't ask Google, ask Human Resources for details of his terms and conditions relevant to illness. You could draft an email for your family member to send.1
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prettyandfluffy said:Don't ask Google, ask Human Resources for details of his terms and conditions relevant to illness. You could draft an email for your family member to send.0
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ruudy said:Marcon said:ruudy said:Marcon said:ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?
I'm not sure what sort of scheme they are on but can try and find out. My understanding is that there's some sort of payout over a set number of weeks/months in addition to the pension payments. He is almost 63 and my understanding is that he already receives some sort of pension payments.
What you're describing sounds very much as if his pension is already in payment, and the employer also offers permanent heath insurance (PHI), but it's impossible to be certain based on your (understandably) hazy description.ruudy said:The recommendation to look at ill health retirement was made by his Union rep and the possibility has also been raised by direct management. The Union has asked for him to make enquiries about whether he meets the criteria. I am waiting for details of the companies Ill Health Policy to see how we go about this.ruudy said:
My biggest concern is always that this doesn't work out and the employer has a stronger case to dismiss him on 12 weeks notice. Is that not the case then? He is currently unable to work based on a number of factors, one of which is pending operation which seems to be taking forever. Even with the operation, I would say it's uncertain that he would be able to work again in his current role. I guess it would be for the employer to decide where/if he could fit into another role, but they have never considered this to date despite repeated requests. Currently going through internal grievance, tribunal etc in relation to discrimination and failure to make adjustments and so on. If they were to dismiss him now for capability without ever considering any adjustments/alternative then my understanding is that he could also add unfair dismissal to his claim. My concern is that this would somehow turn into a 'fair' dismissal if he goes through the IHR assessment and doesn't meet the criteria.
I'm not too sure about Permanent Health Insurance either. I can ask the question, but it certainly hasn't been mentioned in meetings, or by the Union.
If the employer does have PHI, then all the above is likely to be a moot point. If he meets the insurer's criteria (thus enabling the employer to claim under the policy and continuing to employ him and pay his salary), and he has not yet reached the maximum age at which PHI benefits will be paid out, that is likely to be a much better option than ill health retirement - but again, he needs to check.
I cannot stress enough the importance of establishing all the relevant facts in this particular case and in relation to the pension scheme. Taking decisions based on incorrect or incomplete information rarely benefits the employee, yet it happens all too often, especially when someone is in poor health and feels both physically horrible and psychologically vulnerable.
Thanks for your very detailed responses.
Yes, it's very difficult because he's in such a mess that he doesn't seem to know the answers to anything himself. The only thing I can tell you if it help is that the employer is the Royal Mail.
I will do my best to find out these details. Is there any organisations you recommend I set him up to speak to in order to work out the answers to a lot of these things? I tried a lot of the Royal Mail numbers and they all seem to go to automated answering services. All seems very closed off.
Thanks Again
Ruudy
Edit - a quick google of PHI and this company would suggest they don't offer it.
Also, looking back at his messages, I think the payment he may have received is a tax-free percentage of his pension after the age of 55.
He'll get free, impartial and expert help and given the size of Royal Mail's pension arrangements, it's highly likely someone at MoneyHelper will be familiar with the scheme(s) in question.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!2 -
Marcon said:ruudy said:Marcon said:ruudy said:Marcon said:ruudy said:Hi.
I'm hoping somebody can give me some General advice on this subject. It seems to be quite difficult to get information.
I'm waiting on receiving policy docs about IHR from the company in question as a family member is considering applying for this due to a number of disabilities (just a few years out from standard retirement).
What we are keen to understand in the meantime is - If said family member makes a request to be considered for this and the request is refused, does that put them in a weaker position? ie. potential for being fairly dismissed for their disabilities given that they are currently unable to work at this time?
Thanks
Ruudy
If it's a defined contribution scheme and they are close to retirement age, then they will be old enough (ie at least 55) to take their pension if they so wish. DC schemes aren't normally enhanced for ill health retirement, whereas DB schemes are.
It's always possible to dismiss someone on capability grounds; having disabilities doesn't mean the employer must continue to employ them regardless of the fact they can't do the job. Have they checked if they have permanent health insurance (aka salary replacement - nothing to with private medical cover) through the employer?
I'm not sure what sort of scheme they are on but can try and find out. My understanding is that there's some sort of payout over a set number of weeks/months in addition to the pension payments. He is almost 63 and my understanding is that he already receives some sort of pension payments.
What you're describing sounds very much as if his pension is already in payment, and the employer also offers permanent heath insurance (PHI), but it's impossible to be certain based on your (understandably) hazy description.ruudy said:The recommendation to look at ill health retirement was made by his Union rep and the possibility has also been raised by direct management. The Union has asked for him to make enquiries about whether he meets the criteria. I am waiting for details of the companies Ill Health Policy to see how we go about this.ruudy said:
My biggest concern is always that this doesn't work out and the employer has a stronger case to dismiss him on 12 weeks notice. Is that not the case then? He is currently unable to work based on a number of factors, one of which is pending operation which seems to be taking forever. Even with the operation, I would say it's uncertain that he would be able to work again in his current role. I guess it would be for the employer to decide where/if he could fit into another role, but they have never considered this to date despite repeated requests. Currently going through internal grievance, tribunal etc in relation to discrimination and failure to make adjustments and so on. If they were to dismiss him now for capability without ever considering any adjustments/alternative then my understanding is that he could also add unfair dismissal to his claim. My concern is that this would somehow turn into a 'fair' dismissal if he goes through the IHR assessment and doesn't meet the criteria.
I'm not too sure about Permanent Health Insurance either. I can ask the question, but it certainly hasn't been mentioned in meetings, or by the Union.
If the employer does have PHI, then all the above is likely to be a moot point. If he meets the insurer's criteria (thus enabling the employer to claim under the policy and continuing to employ him and pay his salary), and he has not yet reached the maximum age at which PHI benefits will be paid out, that is likely to be a much better option than ill health retirement - but again, he needs to check.
I cannot stress enough the importance of establishing all the relevant facts in this particular case and in relation to the pension scheme. Taking decisions based on incorrect or incomplete information rarely benefits the employee, yet it happens all too often, especially when someone is in poor health and feels both physically horrible and psychologically vulnerable.
Thanks for your very detailed responses.
Yes, it's very difficult because he's in such a mess that he doesn't seem to know the answers to anything himself. The only thing I can tell you if it help is that the employer is the Royal Mail.
I will do my best to find out these details. Is there any organisations you recommend I set him up to speak to in order to work out the answers to a lot of these things? I tried a lot of the Royal Mail numbers and they all seem to go to automated answering services. All seems very closed off.
Thanks Again
Ruudy
Edit - a quick google of PHI and this company would suggest they don't offer it.
Also, looking back at his messages, I think the payment he may have received is a tax-free percentage of his pension after the age of 55.
He'll get free, impartial and expert help and given the size of Royal Mail's pension arrangements, it's highly likely someone at MoneyHelper will be familiar with the scheme(s) in question.
I'm trying to find ways of getting in touch with someone at HR regarding the other queries you raised, but they certainly aren't set up to be easy to contact. However, there is a forum and I was able to find an old ill health document from 2009. There doesn't appear to be any mentions of PHI or salary replacement on the forum, but I will continue to seek answers on that one if I can somehow manage to find a way to get through to HR.
The 2009 Ill Health doc says:DEFINITIONS OF ILL HEALTH RETIREMENT
4.1 “Retirement on ill health grounds with immediate pension” means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of Royal Mail Group or associated employer the member is permanently incapable of:
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform; and
c) engaging in employment with any other employer of a type which, in the opinion of his present employer, would be reasonable and appropriate for the member.
4.2 “Retirement on ill health grounds with lump sum payment” means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of Royal Mail Group or associated employer, the employee is, for the foreseeable future, incapable of:
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform.
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ruudy said:
I'm trying to find ways of getting in touch with someone at HR regarding the other queries you raised, but they certainly aren't set up to be easy to contact. However, there is a forum and I was able to find an old ill health document from 2009. There doesn't appear to be any mentions of PHI or salary replacement on the forum, but I will continue to seek answers on that one if I can somehow manage to find a way to get through to HR.
The 2009 Ill Health doc says:DEFINITIONS OF ILL HEALTH RETIREMENT
4.1 “Retirement on ill health grounds with immediate pension” means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of Royal Mail Group or associated employer the member is permanently incapable of:
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform; and
c) engaging in employment with any other employer of a type which, in the opinion of his present employer, would be reasonable and appropriate for the member.
4.2 “Retirement on ill health grounds with lump sum payment” means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of Royal Mail Group or associated employer, the employee is, for the foreseeable future, incapable of:
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform.
Does he have any paperwork from previous years indicating what he's being paid and why?Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!1
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