Specimen Letter - IHR Application Declined
Dear <Name of Member>
LOCAL GOVERNMENT PENSION SCHEME REGULATIONS
Ill Health Retirement determination
I write to inform you of the decision of <Name of Scheme Employer>on whether or not your Local Government Pension Scheme (LGPS) benefits with Teesside Pension Fund willbe paidon the grounds of retirement due to ill health.
The LGPS Regulations state that an LGPS Member qualifies for Ill Health Retirement, before the normal retirement age, if:
- Ill health renders them permanently incapable of discharging efficiently the duties of their current employment; and
- They are, as a result of that ill health, not immediately capable ofundertaking any gainful employment.
Followingreceipt of a certificate of opinion from anindependent doctor qualified in Occupational Health Medicine,<Name of Scheme Employer>has determined,having had regard to all relevant evidence, that you do not qualify for Ill Health Retirement because <insert section Either /And /Or below>
EITHER
you are not suffering from a condition which renders you permanently incapable of discharging efficiently the duties of your current employment
AND/OR
you are not immediately incapable of undertaking any gainful employment as a result of your condition
INSERT Scheme Employer’s normal wording on dismissing an employee on the grounds of capacity if appropriate, including reference to pay in lieu of notice if appropriate.
Although you may qualify for one or more state benefits due to your condition, this does not mean that you will qualify for early release of your pension benefits or to a higher tier of benefits. This is because a DWP incapacity benefit is likely to be based on your ability to perform work at the current time or in the immediate future, whereas to qualify for immediate payment of LGPS benefits the assessment looks at whether you arepermanently incapable of performing the duties of yourcurrent employment andthen if you are unlikely to be capable of gainful employment immediately.
If you disagree with this decision relating to the award of your pension benefits You have the right to initiate a formal appeal in respect of <Name of Scheme Employer’s> determination, under Teesside Pension Fund’s ‘Internal Disputes Resolution Procedure’ (IDRP). Any appeal under IDRP must be made in writing to <Scheme Employer adjudicator Job Title> at Adjudicator’s Address> outlining your reason(s), such as new or unused medical evidence, within 6 months of the date of this letter; a guide explaining the IDRP is available from the Teesside Pension Fund website.However, to avoid any unnecessary effort on your behalf, we would welcome the opportunity to attempt to resolve with you the matter with which you are dissatisfied before you resort to a formal complaint.
If there is anything you do not understand, or you need any further information regarding this decision, please do not hesitate to contact <me/Scheme Employer Contact> on direct line telephone number <Direct Phone Number>, or you can write to <me/Scheme Employer Contact> at <Contact Address>.
Yours sincerely,
<Name of Authorised Officer>
<Post of Authorised Officer>
<Name of Scheme Employer>
<Contact Details>