H1 to a20 elo seminar workshops 23 november 2010 emma hawksworth russell jones walker
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H1 to A20 ELO Seminar Workshops 23 November 2010 Emma Hawksworth Russell Jones & Walker. ILL HEALTH RETIREMENT. Old scheme - Police Pensions Regulations 1987 From 6 April 2006 - new Police Pension scheme – Police Pensions Regulations 2006

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H1 to a20 elo seminar workshops 23 november 2010 emma hawksworth russell jones walker

H1 to A20

ELO Seminar Workshops

23 November 2010

Emma Hawksworth

Russell Jones & Walker


Ill health retirement
ILL HEALTH RETIREMENT

  • Old scheme - Police Pensions Regulations 1987

  • From 6 April 2006 - new Police Pension scheme – Police Pensions Regulations 2006

  • Police Injury Benefit Regulations 2006 now contain injury award provisions


Ill health retirement1
ILL HEALTH RETIREMENT

  • Regulation A20 PPR87

    • if officer is permanently disabled

    • Police Authority may retire


Permanent disablement permanence regulation a12 ppr87
Permanent disablement:‘Permanence’ Regulation A12 PPR87

  • permanent – forever or if not possible to ascertain, to retirement age

  • normal, appropriate medical treatment assumed

  • PA decide whether reasonable to refuse medical treatment – appeal to Crown Court


Permanent disablement disablement regulation a12 ppr87
Permanent Disablement:‘Disablement’ Regulation A12 PPR87

  • inability to perform the ordinary duties of a member of the force

  • ordinary duties includes operational duties – Stewart v Sussex PA

  • the force means the specific force, not police service generally Ashton v MPA

  • must be result of disease, injury or medical condition


Permanent disablement who decides regulation h1
Permanent disablement: Who decides? Regulation H1

  • must be referred by PA to SMP

  • failure to do so – Crown Court appeal

  • permanent disablement questions answered in report

  • report sent to officer automatically


Permanent disablement appeal regulation h2 ppr87
Permanent disablement: Appeal - Regulation H2 PPR87

  • appeal from decision of SMP on question of permanent disablement to PMAB

  • 28 days from receipt of report under H1 to give notice of appeal to PA

  • further 28 days to give statement of grounds of appeal


Permanent disablement reference back reg h3 ppr87
Permanent disablement:Reference back Reg H3 PPR87

  • request for SMP (or PMAB) to reconsider its decision

  • must be agreed


Permanent disablement crown court appeal reg h5 ppr87
Permanent disablement: Crown Court appeal Reg H5 PPR87

  • appeals against police authority decisions

    • where refusal to refer medical questions to SMP

    • whether refusal of medical treatment is reasonable

  • 21 DAY TIME LIMIT!!


Decision to retire police authority considers reg a20 ppr87
Decision to retirePolice authority considers: Reg A20 PPR87

  • finding of permanent disablement is only stage 1 in IHR process

  • stage 2 – PA considers whether to retain

  • must consider all relevant circumstances, advice and information available to them

  • challenge to decision of PA would be by way of judicial review – exceptional circumstances only


Pnb guidance 10 04
PNB Guidance 10/04

  • Where issue arises as to whether officer is PD – must refer to SMP (13-17)

  • FMA prepares “brief” to SMP (19-21)

  • SMP prepares report including decision on PD. If officer is PD, SMP will prepare report on “capability” i.e. what if any limited duties can the officer perform (27-29)

  • Report sent to PA and officer. PA seek report from CC as to whether in light of the capability report the officer can be retained (30-32, 41)


Pnb guidance 10 041
PNB Guidance 10/04

  • Officer can comment on CC’s report (49)

  • Officer can comment on capability medical evidence. No formal appeal right but if difference of opinion will be referred to another doctor (50)

  • Police authority makes decision whether or not to retire once all information received (52) nb presumption to retain

  • Provision for reviews in light of changed circumstances but expectation that these will be infrequent (55-56)


Ihr hurdles
IHR hurdles

  • harder to get finding of permanent disablement (especially in stress related mental illness cases)

  • PMABs very aware of issue of further treatment

  • presumption to retain permanently disabled officers on restricted duties


Npps ill health pension
NPPS: ILL HEALTH PENSION

  • core of medical retirement as per old scheme

    • disablement – ordinary duties test

    • PA discretion to retire

  • ill-health pension itself is different

    • two tiers, standard and enhanced

    • enhanced only if permanently disabled for regular employment


  • Npps ill health pension1
    NPPS: ILL HEALTH PENSION

    • enhanced ill-health pension

      • if member has 5 years’ service, add 50% of prospective service to 55

      • if member has less than 5 years, 4x actual service (unless 50% prospective service to 55 would be lower)


    Ill health retirement and uap
    Ill Health Retirement and UAP

    • referral to SMP - no action under the UAP until SMP’s report received (nb less strong provision in relation to performance)

    • if not permanently disabled action may be taken or resumed under the UAP

    • where appeal to PMAB UAP hearing shall be adjourned until appeal resolved

    • if permanently disabled Police Authority will decide whether or not to ill health retire