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Following a number of minor amendments to the LGPS Ill-Health retirement provisions by the LGPS (Miscellaneous) Regulations 2011 and the LGPS (Benefits, Membership and Contributions) (Amendment) Regulations 2011; the department for Communities and Local Government has now updated the documents below:
Employers and Medical Practitioners must have regard to this guidance when carrying out their functions in relation to ill-health retirements for members of the Local Government Pension Scheme. The medical practitioners and staff members of scheme employers who are responsible for ill-health retirement procedures under the Scheme must have read and understood this guidance.
This guidance is issued jointly by the department for Communities and Local Government (CLG) and the Faculty of Occupational Medicine to help medical practitioners who have been asked to make an assessment under the LGPS Ill-health retirement regulations. This guidance does not replace the regulations or CLG's supporting guidance, but aims to clarify further several areas that have been drawn to the attention of the Faculty of Occupational Medicine, Association of Local Authority Medical Advisers, the British Medical Association Occupational Medicine Committee and DCLG.
This document is referred to in the Supplementary Guidance and provides a framework which may prove useful in setting evidence supporting the medical practitioner's opinions in relation to eligibility for immediate payment of benefits on grounds of ill-health for active members or those with preserved benefits, and in related appeal cases.
This set of answers to frequently asked questions deals with the regulatory provisions of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 and the Local Government Pension Scheme (Administration) Regulations 2008 (as amended). FAQs Edition 3 replaces FAQ Editions 1 and 2 which should no longer be used.
Employers should draw the attention of all companies whose services are used for assessment for ill-health retirement under the Local Government Pension Scheme and individual medical practitioners, other than LPFA's own occupational health physician Dr. Paul Simpkin, to the updated guidance.
These forms are for completion by a suitably qualified medical practitioner and scheme employer where a member is being assessed for possible medical retirement. Because they are subject to frequent amendment to reflect changes in legislation, these forms should always be downloaded as required and not stored as hard copy by employers or medical practitioners.
Note on review of members with Tier 3 Award that has been suspended
Local Government Pension Committee did not include a 3rd tier ill health retirement review certificate for a suspended 3rd tier pensioner where the review was taking place within 3 years of original date of leaving amongst the updated forms that they circulated as part of Circular 249 in June 2011. This was because it is not clear whether a discontinued 3rd tier pension can be brought into payment on account of a medical condition beyond that which originally led to the award of the 3rd tier ill health pension. Local Government Pensions Committee is liaising with the department for Communities and Local Government on clarifying the position in this regard.