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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. 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

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  1. H1 to A20 ELO Seminar Workshops 23 November 2010 Emma Hawksworth Russell Jones & Walker

  2. 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

  3. ILL HEALTH RETIREMENT • Regulation A20 PPR87 • if officer is permanently disabled • Police Authority may retire

  4. 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

  5. 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

  6. 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

  7. 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

  8. Permanent disablement:Reference back Reg H3 PPR87 • request for SMP (or PMAB) to reconsider its decision • must be agreed

  9. 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!!

  10. 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

  11. 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)

  12. 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)

  13. 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

  14. 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

  15. 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)

  16. 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

  17. Any questions?

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