01 May 2018

A question about : Medical Retirement

Hi,
I'd really appreciate some advice / guidance please as I'm totally confused and at a loss of what to do / where to go for advice.
I've been on long term sick for several years and 3 months ago, I was formally called in for an official meeting to discuss options including dismissal on grounds of capability - I totally understand why my employer needs to do this as all medical reports have agreed that my health issues will not resolve and I will never be able to return to work.
My issue is that in the meeting, I mentioned that I had heard about medical retirement, but have no idea about it and whether I would qualify etc.
HR confirmed this was the last time I would have to attend for a meeting and would investigate the medical retirement possibility ( I think if I had not raised it, my dismissal on capability grounds will all have been finalised now).
After 3 months, I've received 3 emails saying they were still looking into it and last week, were waiting on one piece of information.
Now, out of the blue, I have had an email saying that it is down to me to contact the pension provider with a general telephone number on it - no reference or anything?
As I said earlier, I have no knowledge about medical retirement and have not got the foggiest as to where I need to start / what I need to say and if it is indeed down to me to organise with the pension provider - surely my employer who arranged my pension and paid it would be best suited to do this?!!
I have no idea where to go for advice on this and an hesitant to call them when I don't know what I'm talking about - tbh, with my health issues, I just need things sorted and do not feel well enough to deal with anything extra like this, so really would appreciate some help please

Best answers:

  • No - whether you are permitted medical retirement is between you and the pension provider. The employer has no say in it. It is not, in most schemes, about whether you cannot do your job - it is about whether you can do ANY employment. So the pension provider will conduct an assessment as to whether they believe you can undertake any form of work, and will decide on medical retirement based on that. The employer doesn't "nominate" you for it - they can only determine whether you are able to return to work for them in a role that they have available.
  • Thank you for this. I can understand what you're saying, but as I am still employed by my employer is it not down to them to contact initially, and then for yet another medical etc to be arranged by the pension provider?
    Otherwise, could I not accept dismissal on medical grounds from my employer and then go for medical retirement separately? Surely that would not be possible and sounds rather greedy?
    As it is a pension arranged by my employer, I had been led to believe it was HR's job to initiate any kind of termination process?
  • No - it is a pension arranged by you. You didn't have to join it. The employer simply "subscribes" to it - they agree to be part of a scheme and to make contributions. HR will indeed "terminate you" if that is the final option - but that is nothing at all to do with the pension provider. Your dismissal is entirely separate - whether you get medical retirement or not is not a result of your termination but a decision based on the pension scheme rules.
    Pension scheme staff are not ogres - you'll probably find them easy to talk to. They have rules to apply, but that doesn't mean they won't be helpful or won't tell you what you need to know. And you are probably better off speaking to them directly so that you know what they are saying. Don't worry about not understanding it all - just tell them if you don't get it and they will explain until you do. They have detailed records and will be able to pull up your files from records. Just be aware that they will probably want to verify that they are talking to you, and may ask some questions to check it isn't someone else. After all, you wouldn't want them telling someone else your business. All the employer could do though, is tell them they are dismissing you on medical grounds - the rest would be up to you. That isn't enough to prove medical retirement. So best get in and discuss it with them.
    Whether you get it or not, talking to them isn't anything to be scared about.
  • That's great. Thanks ever so much - always daunted about talking about 'people in the know' when I'm not an expert. Will make a start with it next week and see how I go.
    Thanks again
  • Haven't you received guidance documents with your pension policy? It will have a clause on medical retirement and that will give you some knowledge to go in when discussing your situation with your pension provider.
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