Ill Health Retirement LGPS

Hi everyone

I am after some advice please. I am about to be retired on ill health from my local council and disagree with the Occ Health (OH) recomm of Tier 2, I feel it should be Tier 1.

They request access to Medical file and wanted me to get an appt with my consultant for latest review which was not possible. I did say at the time that if they needed my consultants latest assessment now there would be a fee to pay. So looks like they decided they didn’t need it afterall.

My MS Nurse then sent a further letter to my employer, supporting Tier 1 and explaining the reasons, who replied ‘we have now passed this to our Occupational Health advisors, asking if they had this information already when they made their decision, and if not, will they reconsider the tier. As soon as we get confirmation of this for you we will let you know.’

OH responded with they couldn’t be take letter into consideration. They must be a doctor and hold qualifications in occupational medicine.

I was working full time then had my hours reduced to 3 days (apprx 21hrs) pw on reasonable adjustments recommended by OH.

OH stated ‘I have considered Tier 2 for the Ill-Health Retirement eligibility, mainly based on her age, considering that over the next several years there may be some changes to the treatment availability and modes of treatment, or at the next review, as appropriate, her Ill-Health Retirement may have to be sustained.’

I have now seen on LGPS Guidance that '1st and 2nd Tier ill health benefits are not reviewable but 3rd tier benefits are subject to a review.

Below is a extract from the agenda HR sent me.
'Unfortunately there are strict guidelines in relation to the pension scheme, which only an independent registered medical practitioner (IRMP) qualified in occupational health medicine and who is registered with the General Medical Council, can give an opinion for the pension scheme. When they give their opinion – you will need to appeal their decision via the pension scheme if you are unhappy with the outcome. 22. From our point of view we will have to progress the capability process to a formal hearing – whereby we would have to dismiss due to ill health grounds, as you are not able to return to work in the foreseeable future. 23. Instead, we would like to mutually agree to terminate the contract, as we can see that you are unable to return to work, and we don’t want to have go through a stressful protracted process, therefore we would like to give you 12 weeks notice from 03/07/2020 which puts you back onto full pay, whilst we liaise with Pensions to set you up as a Pensioner. If this can be agreed, the 12 weeks notice will be effective from 03/07/20. We will need a response by 1 week time 01/07/2020. ’

Any comments/advice please, apologies for the length of this I hope it makes sense!

Thank Libo

Hi, I retired on ill health in 2000, from LA. I dont recall any tiers being brought into the mix.

I was seen by a GP of their choosing who certified I was not fit for the position I was employed.

Then HR said there were no vacancies which I could be transferred to. We mutually agreed I would be pensioned off.

It sounds as if things have become more complicated.

Hope it is soon resolved.


what would I do?

I’d be at the solicitors a.s.a.p. one specialising in emplyoment/disability and I’d ask her/him to write asking for the ‘deadline’ of July 1 to be deferred as there are a number of issues to be resolved.

If solicitor can’t get letter to the employer by July 1 then you could write to them saying that you are taking legal advice and will be unable to make any decisions before you get that advice.

It seems as if you’re being rushed into making a decision too quickly!

Are you wanting to retire completely on Tier 1?

If that’s the case then that’s the task for the solicitor to get you the best deal - it may be worth checking if going part-time may have affected your pension.

and you need time to get a consultant 's letter.

Don’t be rushed - don’t be polite, they’re your employers not your friends, certainly don’t feel apologetic (you didn’t choose to be in this situation.)

Solicitors are not cheap but you don’t want to be thinking 6 months down the line that you had done things differently.

Thanks Cracowian

I have spoken with my Unison rep and I asked her to repeat again to my husband as I wouldn’t remember! They tell me that the offer for full pay etc and the issue with IHR are completely separate and they will be anding my employment regardless and it was to avoid me going through the Incapacity/IHealth hearing process and to accept the offer.

I have been doing lot of research on LGPS Ill health and it does appear that is the case.



Hi Bouds

Thanks for your reply. Yes it does seem complicated nearly there though.

Libo :slight_smile:

are OH offerign Tier 1 ?


meant to add - if you’re not getting tier 1 then someone has to challenge their decision.

(am not familiar with these tiers - but if Tier 1 is the best and the one you qualify for then you should go for that one.)

Hi Libo.

Your about one step ahead of me in this situation, I too work for local council.

Human Resources and myself have concluded that my condition is such that a return to work is unlikely in the foreseeable future.

I had a long term absence review last week and Dismissal on the grounds of medical health was put forward rather than resignation or mutual resignation, a hearing is to follow via phone conference.

At this point there was no mention of different Tiers.

I am a little concerned that although my Neurologist has indicated MS based on condition, clinical history and initial MRI findings, we are awaiting a recent MRI result at this moment in time (held up due to the pandemic) and so do not yet have a categorical diagnosis.

I have had numerous meetings and phone conversations with Occupational Health Doctor, and the drawn out process of diagnosis and treatment seams to be recognised by him.

I can understand how you feel and sympathise with you…when you’re in a bit of a state anyway, this situation feels a bit daunting, I’m sure you’ve already looked into Citizens Advice and such, and hopefully you union chap will be on the ball.

sincerely hope you get the best possible outcome.

All the best.

Hi Sunbeam

Thanks for your reply, good to hear from you. Sorry to hear you have a similar situation I think some of the problem is it takes such a long time so it grinds you down a bit.

I hope you belong to Unison as its a great help having someone to talk things through with. Although I must admit I worry as they work there of 100% confidentiality!

Thanks Libo

Hi Libo,

just picked up your post, and sadly i’m on the spiral down and work for the LA

and id be surprised if i keep it up much longer, despite the good support of work

it’s difficult the tiers used, and i see your struggles and frustrations which equally can’t be good for your MS

just wondered if you have any update on your progress. I have PPMS,

Best Regards

Going Down Hill


Don’t know if this will help?

I retired from my local council,on medical grounds, in 2014, under Tier 1.

My Employer’s OH Doctor was brilliant. The swinging factor seemed to be a ‘fit to work note’ from my GP.

Stated on the note was the word ‘indefinitely’.