REVIEW OF ILL-HEALTH RETIREMENT IN THE PUBLIC SECTOR
DETR ACTION PLAN: SUMMARYGeneral
In implementing those recommendations of the action plan which fall outside its policy remit, the Department has established a task force, comprising the main interested parties, e.g., the Employers Organisation, Society of Chief Personnel Officers and TUC. Other representatives may be invited to attend ad-hoc meetings with the Department in taking forward specific recommendations of the action plan.
Recommendation |
Baseline Position |
Action |
Target Date |
1 |
From April 2001, local authorities must provide sickness absence levels for a Best Value Performance Indicator. |
Employers Organisation (EO) to establish a standard classification of absences for 2000/2001 survey. |
Summer 2001. |
2 |
Long and short term sickness absences quantified as a basis for assessing the causes of sickness absence in local government. |
EO to provide advice on health and safety issues. |
Summer 2001. |
3 |
"Working Well Together", "A Guide to managing Sickness Absence 2000" and the "Sickness absence management Diagnostic Tool" published by the EO. |
Paper on trigger points to be issued to local government employers by the EO. |
Summer 2001. |
4 |
Most large authorities have Occupational Health advice available and smaller authorities have access to the arrangements made by larger authorities. |
See Recommendation 2. |
Spring 2001 and ongoing. |
5 |
The EO has offered guidance on stress management in particular, through publications and workshops. |
Refer to the Local Government National Training Office (NTO). |
Ongoing. |
6 |
"Diagnostic Tool" handbook (See Recommendation 3) identifies the main features for an effective relationship with occupational health services. |
Identification and dissemination by the EO of good practice to local authorities. |
Spring 2001 and ongoing. |
7 |
In 1992 the Manual Worker National Joint Council (MWNJC) reached an agreement which has formed the basis of many local partnerships between employer and unions on sickness absence management. |
Dissemination and encouragement by the EO of good practice using results from the Diagnostic Tool described at Recommendation 3. |
Summer 2001. |
8 |
See Recommendations 4, 5 and 6. Guidance on the legal implications of stress management, particularly the Disability Discrimination Act (DDA), published by the EO. |
EO/Society of Chief Personnel Officers (SOCPO) to commission research into managing stress and the impact of the DDA. |
Research commissioned in Spring 2001. |
9 |
No national data is available on whether it is normal practice to consider redeployment or rehabilitation as alternatives to ill-health retirement. The LGPS regulations have been changed to include the concept of "comparable employment". |
The EO health and safety adviser should survey practice and explore joint guidance on redeployment and rehabilitation to submit to local authorities. |
End 2001. |
10 |
Experience shows that managers and elected members are reluctant to limit recruitment to tightly defined ring fences, this is not least because such practices often run counter to equal opportunity principles. |
EO to ask regional associates to explore the scope for (sub) regional pooling among local authority staff (outside schools). |
Autumn 2001. |
11 |
There are no restrictions on membership of the LGPS. |
Achieved. |
Achieved. |
12 |
Augmentation powers introduced to LGPS in 1998 enable a scheme member moving from full to part time duties, perhaps for ill-health reasons, to protect the higher level of pension. |
A range of options for dealing with Ill-health will need to be formalised and where necessary, permitted within the LGPS. |
Establish working group by Spring 2001. |
13 |
The scope for extending the period of sick pay in exceptional cases exists, though provision is used in terminal cases for compassionate reasons. |
EO/SOCPO to issue a circular reminding local authorities of this provision and its application. |
December 2000. |
14 |
From 20 May 1999 the LGPS has provided that "permanently incapable" means the members 65th birthday, i.e.: the normal retirement age of the scheme. |
Achieved. DETR to review effectiveness of change in LGPS regulations. |
Summer 2001. |
15 |
From 20 May 1999 the criteria for ill-health retirement was extended from the employees employment to include " any other comparable employment". |
Achieved. DETR to review effectiveness of change in LGPS regulations by monitoring Stage 1 IDRP decisions. |
Summer 2001. |
16 |
See Recommendations 10 and 12. |
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17 |
From 28 March 1997 the LGPS regulations have provided that ill-health retirements must be certified by an independent medical practitioner, approved by the appropriate administering authority. |
Achieved. |
Achieved. |
18 |
See Recommendation 17. |
Achieved. Each fund authority employing independent physicians is to be explored by DETR with interested parties. |
Summer 2001. |
19 |
From 1 July 1999 the LGPS regulations were amended to require that independent medical practitioners certifying ill-health retirements must be qualified in occupational health medicine. |
Achieved. DETR recommend local authorities should seek to comply with this recommendation as and when contracts are renewed |
Summer 2001. |
20 |
Guidance issued to local authorities to explain that a second, independent assessment of cases should not be necessary in the majority and that any IDRP case would normally be against a matter of fact, law or procedure and not medical opinion. |
Achieved. DETR will consult on the proposal that the appointment of a doctor with qualifications in occupational medicine must be sought, in those cases where additional medical evidence is sought at Stage 1 or 2 of IDRP. |
Summer 2001. |
21 |
Medical guidelines to assist medical practitioners are in place and were circulated in January 1997 under cover of UKSC circular No.54 and again in May 1997 under circular No. 57. |
Achieved. |
Achieved. |
22 |
Awaiting further details from HM Treasury about this review and its timing. |
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23 |
From 20 May 1999 Ill-health retirements can only be allowed in cases where the employee satisfies criteria, both in relation to their existing duties and any "comparable employment". |
Achieved. DETR to monitor effectiveness. |
December 2001. |
24 |
When decision making individual authorities must take regard of the provisions of each set of regulations; individual policy statements (early retirement); Best Value and the scrutiny of the local District Auditor. |
Achieved. DETR to provide local authorities with an annual report on the incidence of each type of exit, with historical comparisons. |
December 2001. |
25 |
Local authority employers determine entitlement to ill-health retirement benefits in the LGPS but they cannot do this without a certificate from their independent medical practitioner. |
Achieved. For constitutional reasons and to comply with local government law, this decision must stay with local authority employers. |
Achieved. |
26 |
No such standards exist in relation to employment's subject to the LGPS. |
Achieved. |
|
27 |
No provision in LGPS at present for lower scale of ill-health retirement benefit for those incapable of performing their existing duties efficiently but who could perform employment elsewhere. |
DETR to work up a policy paper outlining scope for introducing a two-tier ill-health retirement provision into the LGPS. |
Autumn 2001. Consult/amend regulations. |
28 |
At present, the LGPS has no provision for local authority employers to review ill-health retirements or to adjust benefits accordingly. |
Dependant on the outcome of Recommendation 27. |
To be consid-ered in policy paper above. |
29 |
Local authority employers are required to prepare and publish policy statements about the circumstances in which pensions are abated on re-employment with another local government employer. |
Dependant on the outcome of Recommendation 27. |
To be consid-ered in policy paper above. |
30 |
The EO has issued advice via Circular No.57 (May 1997) on the reporting of early retirement costs to elected members. |
Achieved. A paper will be issued by DETR to remind councillors and employers that this tool is available. |
Spring 2001. |
31 |
At present, there is no legal requirement for local authority employers to include full costs of ill-health retirements in their financial report. |
DETR to develop proposals to deal with the way pension liabilities are recorded in financial accounts. |
Ongoing. |
32 |
Local authority employers are required by local government and regional PSA to reduce the incidence of ill-health and other early retirements by 2004. |
Achieved. |
First round of data published locally 2001. |
33 |
If the retirement levels assumed by the fund actuary are exceeded in any individual case, the administering authority can use powers in the LGPS regulations to impose an additional rate of contribution. |
No action required at present. |
Consideration delayed until 2002. |
34 |
Enhancements for ill-health retirements in the LGPS are calculated on the same "stepped" arrangement that is common throughout the public service. |
DETR will consider ways in which this recommendation could be adopted in the LGPS. |
Early 2001. Consult/amend regulations. |
35 |
DETRs Service Delivery Agreement includes a target to reduce ill-health retirements by 2004, to a level consistent with those at present achieved by the top quartile of employers (0.35% of total workforce). |
Achieved. |
Achieved. |
Please note that a full copy of the actual recommendations can be found in the Government Report: Review of Ill Health Retirement in the Public Sector, by HM Treasury, July 2000.
Click here to download the full document.
Updated: 19/03/01