LGPS ill-health regulations need clarification

In its response to the department of communities and local government’s guidance on the regulations, the union said the main issue was the clarity of the third-tier regulations, which relate to people who are likely to be able to work again at some point in the future.

It said its main concerns were over the ability of doctors to comment on whether a patient could seek gainful employment in the future.

In a statement the GMB said: "GMB supported a re-examination of the LGPS’s ill-health provisions when the new scheme was being designed.

"Unfortunately, the permanency problem remains in the new scheme but has now been compounded by many more features that are going to lead to inconsistency and confusion among members, employers and practitioners."

Its response added: "It is apparent from the wording of the regulations that the independent registered medical practitioners role is to certify the medical entitlement to ill health retirement.

"It is the employer’s role to determine if the member satisfies the rules of the scheme for accessing an ill health pension and to assign the member the relevant tier of benefit.

"Therefore, it is evident that the IRMP cannot give a view of the individual’s capability to obtain gainful employment. IRMPs are only in a position to assess whether the individual was capable of undertaking gainful employment"