Ill health retirement

rocenante

Good morning all,
Bit of a long winded explanation,here goes. Two years past in January I was assaulted at my work and was off work for 12 weeks and attended physiotherapy every week. Phased return to work completed but on restricted duties. Diagnosed with severe tinnitus and partial hearing loss in left ear(bilateral hearing aids) which I can't live without now. 
The following March something was  wrong.( I was diagnosed with cis In 2014 but everything was stable since). I could hardly walk because of leg pain and balance was way off, falling down a lot.
Seen neurologist who told me after his examination "in my opinion you have MS" we'll get you a MRI. Had the MRI the Saturday of that week,full head and spine. I was off work at the time.Seen neurologist who confirmed MS(multiple legions in head and spine)and a side of lumbar Spondylosis to go as well. Since then I've become an expert at falling down but not very good at it, my speech has also been effected. I now use a walking pole no sensation in my left foot. I have been awarded higher rate ADP. My employer admitted liability regarding my assault. Had one meeting with union in attendance this was my first capability meeting in January. It was agreed that every other one would be via teams as my mobility is now greatly affected. I attended occupational health in the months prior to this, who tried to contact my manager and his immediate superior. No reply. Occupational health said there would be no reasonable change at work to keep me in my job.(I work in our local hospital but not through NHS so occasionally health said they could only take it as far as they have ,but through agenda for change)I contacted my pension provider in January explaining what happened,they said they'd be in contact with my employer,but it can take a couple of months. I received a phone call from pension provider last week who said they had sent all relevant paperwork to my employer,but have received no reply.A member of management visited me last week asking about my well-being saying we're still waiting on pension people getting in contact with us. I explained I received a phone call last week from them,and that they were waiting on a reply...you should have seen their face. Now are my employer deliberately ignoring my pension provider because I've a compensation case against them?. I've haven't received any other meeting regarding absence,also my pay is about to stop in the next couple of week.How would I escalate this further?.
Many thanks in advance.

JoeCrystal

I'm sorry, but I'm confused. If it's not the NHS, who is your pension provider? Is it a DB pension scheme or a DC pension scheme? I noticed you are in Scotland since you mentioned the ADP.

xylophone

You are not employed by the NHS so who is your employer?

You are a member of a workplace pension scheme? Or not?

You are a member of a union - what help can your rep provide?

https://www.moneyhelper.org.uk/en/pensions-and-retirement/taking-your-pension/early-retirement-because-of-illness-sickness-or-disability

Mark_d

So you are employed by some outsourcing contractor to work for a hospital, and your employment at the hospital is coming to an end as your health issues cannot be reasonably accommodated?  Are your employer able to provide you with other work?  Has a doctor stated that you are unable to work?

There maybe grounds for getting ill health early retirement from your pension scheme but it would depend on the scheme rules and could be at the discretion of the trustees.

Brie

Did OH state that there were changes that could be made at work (reasonable adjustments) that could keep you working?  Depending on the type of adjustment it could be that the NHS should fund those or if you are working for an outsourced company then they should fund.  Then what happens with the adjustments when you can truly no longer work will depend on who has funded them.  

Even without the outsourcing issue getting an ill health pension can take much longer than "a few months".  Last case I knew took closer to 2 years.  

I'd be talking to both the union and the MS Society to get appropriate assistance.

rocenante

Thanks for the responses,I worked for the NHS for 25 years then NHS lost the contract and was transferred to new company have worked for them for the past 14 years. Occupational health have said there isn't any changes they could make for me or another post. I work or used to work in the security department. My main question can an employer block or delay your ill health claim due to you have a claim against them?. I approached my pension provider in January after I had my first capability meeting.ive never had any further meeting regarding the capability process I think there a 3 stages.

JoeCrystal

Can you clarify if that your pension provider is the Scottish Public Pensions Agency (NHS Superannuation Scheme (Scotland) or/and NHS Pension Scheme (Scotland) 2015?

rocenante

Pension provider ISIO. I have already taken my NHS pension when I turned 50 as I had left NHS employment 

JoeCrystal

It looks like ISIO looks after both DB and DC pension schemes. Are you paying into a DB or DC pension schemes? I am just wondering if it is the latter so there may be no Ill health retirement available which may cause confusion for your employer. (Well there is but you need less than a year to live and can withdraw entire fund out in one go)

Do you build up a pension income every year like the NHS pension schemes or do you contribute into a pension fund in which your employer also contribute into? 

Sorry about asking these questions but it is worth checking the nature of the pension provider or scheme that you are paying into.

Marcon

JoeCrystal said:

It looks like ISIO looks after both DB and DC pension schemes. Are you paying into a DB or DC pension schemes? I am just wondering if it is the latter so there may be no Ill health retirement available which may cause confusion for your employer. 

It could be a DB scheme with no special provision for ill health retirement, but if it is a DB scheme with enhanced terms, then employer consent could well be needed because of the increased cost to the employer.

OP is definitely old enough for early retirement (if they took their NHS pension at 50, they've certainly reached at least age 55 by now), so that's not the issue.

rocenante said:

A member of management visited me last week asking about my well-being saying we're still waiting on pension people getting in contact with us. I explained I received a phone call last week from them,and that they were waiting on a reply...you should have seen their face. Now are my employer deliberately ignoring my pension provider because I've a compensation case against them?. I've haven't received any other meeting regarding absence,also my pay is about to stop in the next couple of week.How would I escalate this further?.

You contact your employer - again. Sounds like incompetence rather than anything more sinister.

rocenante

Hi thanks again, it's a DB scheme under the terms and conditions of my old NHS pension.when we transferred over to new employer it was under "agenda for change" which the unions were involved in. I think it is incompetence with sinister overtones