Local Government Pension Scheme: Tyne and Wear Pension Fund (PO-178)

Subject

Miss Gallon has complained that the respondents have refused her request for payment from service (as opposed to from deferment) of her pension on the grounds of ill health and, in particular, that following her medical on 4 May 2010 for ill-health retirement she was not put on any tier in accordance with the Council’s pension policy.

Although Miss Gallon was given a pension on ill health grounds from deferred status some 18 months after first applying (and 11 months after leaving); she is seeking a pension being given on ill-health retirement (tier one) and backdated to when she first applied.

The Deputy Pensions Ombudsman’s determination and short reasons

The complaint should be upheld against the School because they failed to obtain the information they needed to reach a properly informed decision and did not provide the independent registered medical practitioner (“IRMP”) with information about Miss Gallon’s  duties as a Teaching Assistant.

The complaint should also be upheld against the Council for failing to identify the flaws in the procedure during the first stage of the Scheme’s internal dispute resolution (“IDR”) procedure.