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 - PowerPoint PPT PresentationTRANSCRIPT
H1 to A20
ELO Seminar Workshops23 November 2010Emma 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
Police Injury Benefit Regulations 2006 now contain injury award provisions
ILL HEALTH RETIREMENT
Regulation A20 PPR87 if officer is permanently disabled Police Authority may retire
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
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
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
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
request for SMP (or PMAB) to reconsider its decision
must be agreed
Permanent disablement: Crown Court appeal Reg H5 PPR87
appeals against police authority decisionswhere refusal to refer medical questions to
SMPwhether refusal of medical treatment is
reasonable21 DAY TIME LIMIT!!
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 themchallenge to decision of PA would be by
way of judicial review – exceptional circumstances only
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 10/04Officer 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
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
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 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
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
Any questions?