Hi, I am looking for any help in this situation my wife finds herself in please.

First my wife has worked for a local authority for nearly 38yrs, part of this period she was not included in the pension fund due to her working part time therefore she does not qualify under the 85 year rule, she is 58yrs.

Last year my wife fell at work breaking her femur requiring a rod implant then she fell in hospital (I know), this time she broke wrist badly requiring an op and manipulation.

She has been of work for a year and as cook in a unit will not be able work there for a long time if ever.

She applied for ill health retirement at any level as this would be more than the reduced early retirement she would be entitled to.

I have had to retire due to health issues and income is very tight.

My wife was put through the Occupational Health system and it appears that these registered doctors will not sign of anyone(this is one of my queries has anyone been successful?), she did appeal no success.

I have looked at these rules and it appears though it is helpful for a occ. hlth. doctor to sign agreement it is not required as the final decision should be with the Authority and Human Resources, but the Authorities use this lack of signature to consent to any retirement.

Union, tried them they say appeal but in my opinion they have been destroyed and struggle to exsist.

I would like to know if any has been successful in getting ill health retirement and has anyone any appeal.

Many thanks

Were Health & Safety involved when your wife fell at work? Equally so when she fell in the hospital ? I am just wondering if she would have any claim on either of them in the form of their negligence.

Hi, I am looking for any help in this situation my wife finds herself in please.

 

First my wife has worked for a local authority for nearly 38yrs, part of this period she was not included in the pension fund due to her working part time therefore she does not qualify under the 85 year rule, she is 58yrs.

 

Last year my wife fell at work breaking her femur requiring a rod implant then she fell in hospital (I know), this time she broke wrist badly requiring an op and manipulation.

 

She has been of work for a year and as cook in a unit will not be able work there for a long time if ever.

 

She applied for ill health retirement at any level as this would be more than the reduced early retirement she would be entitled to.

 

I have had to retire due to health issues and income is very tight.

 

My wife was put through the Occupational Health system and it appears that these registered doctors will not sign of anyone(this is one of my queries has anyone been successful?), she did appeal no success.

 

I have looked at these rules and it appears though it is helpful for a occ. hlth. doctor to sign agreement it is not required as the final decision should be with the Authority and Human Resources, but the Authorities use this lack of signature to consent to any retirement.

Union, tried them they say appeal but in my opinion they have been destroyed and struggle to exsist.

 

I would like to know if any has been successful in getting ill health retirement and has anyone any appeal.

 

Many thanks

Ill health retirements happen quite often, but they do require someone to be unable to work. Not just at their own job. Given your description of her condition, I suspect that is the issue here - a couple of broken limbs do not, in themselves prevent her from working in another capacity, and nor do they preclude her returning to her job at some stage. I think your confusion arises from thinking that this is retirement because you have poor health right this minute. It isn't. You said it yourself - she won't be able to work there again for a long time - the "if ever" is a guess that you cannot substantiate. The fact it may take a long time doesn't matter. That would be why she doesn't qualify for it.

I am slightly confused about your statement that as a part time worker she wasn't able to join the pension scheme. I am not aware of any reason in the last 30 years why pay time workers were excluded. I know many women who worked part time and continued membership of the pension scheme. Are you sure that she didn't, in fact, opt out of membership?

Hi citizen B and Sangie 595, thank you for your prompt replies, citizen B yes H&S were involved automatically deemed an accident, hospital was different but in all honesty we cannot sue National Health they apologised, but they do a wonderful job under difficult circumstances it would be like taking my, grannie to court.

Sangie 595 thank you again, having searched the internet and looked at the Pension Ombudsman website I think it is very difficult for anyone to get ill health retirement even level 3 which states" if unable to work for a year then you get a larger pension and lump sum, ( this figure is more than if my wife is forced into early retirement) you then go for a further medical after that year, if that says you can return to work then your pension is frozen until you retire if they say you are still unable work your pension payments are moved to level 2", not a huge amount but makes a lot of difference to our income.

I am hoping out there in the big wide internet there is someone who has been successful, and let us know how they did it.

Re part time work my wife started work for the council in 1980 she worked part time 20 hrs a week the ruling then was anyone male or female working less than 40hrs could not join the pension scheme, clever eh you can see immediately which group would be the most discriminated against.

1994 my wife moved to a position when she was able to join the pension scheme and, part timers were allowed to join as more part time jobs crept in, but and this is a big but Local Authority pension schemes have an 85 year rule where age and length of service add up to 85 you get your full pension, if you had joined the scheme before 1998, my wife had but not until 1994 therefore does not qualify under this rule.

she is over 55 and qualifies for early retirement but at a much reduced rate.

I hope there is someone who can tell me if they were successful with a level 3 claim, as the Union response is basically you have to be dead first!!!.

if it's an accident does employers liability insurance not cover it? I'd try an accident specialist solicitor for a view.

re: ill health retirement - I can think of many seated jobs she could do, reception, telesales... I think you're not going to get far with that one.

It will depend on the exact wording of the pension rules. "permanent incapacity" is just that, permanent but may be considered to be incapable to up to normal retirement age in her circumstances.

Then it is down to whetehr the scheme requires the incapacity to prevent her from doing her normal role or duties or ANY work. Most schemes that used to say the former have been changed so make sure you look at the most up to date version of the pension rules (available from employer or pension trustees).

Some schemes such as the police offer a partial pension based upon reduced capacity. this is normally where someone can no longer do (for example) a full time front line job but can do either part time or back office type role with reduced income or no chance of promotion/progression. Thsi is assessed as a percentage formula and paid until retirement when the full pension is paid at a determined rate that reflects the career of the person.

What you havent said i what the OH doctors have made as their prognosis, which is not the end of the matter but very persuasive to the pension trustees as they have to consider this even if they decide to disagree with the doctor.

so 2 things- read about permanemt incapacity and her pension scheme rules and then read very carefully what the OH doctor has said about being permanently incapable and if their words allow for the pension trustees room to consider an application.

Then she should ask again as an appeal against their first decision. ( will be in the rules) After that she can go to the Pensions Ombudsman for a determination but this will take at least a year and maybe 2 years to get to the end of the road as far as process goes.