Ill-Health Retirement Appeals
F) Appeal for/against Ill Health Retirement - LS14 Form
The Union negotiated an agreement with Royal Mail which sets out a procedure under which members could appeal decisions for and against Ill Health Retirement.
Definitions of Ill Health Retirement
"Retirement on ill health grounds with immediate pension" means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of Royal Mail Group or associated employer the member is permanently incapable of :
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform; and
c) engaging in employment with any other employer of a type which, in the opinion of the present employer, would be reasonable and appropriate for the member.
"Retirement on ill health grounds with lump sum payment" means the cessation of employment as a result of serious physical or mental ill health (not simply a decline in energy or ability) such that, in the opinion of the Royal Mail Group or associated employer, the employee is, for the foreseeable future, incapable of:
a) carrying out his current duties;
b) carrying out such other duties for the employer as the employer might reasonably expect the member to perform.
In applying the above criteria permanent incapacity shall mean under normal retirement age or for at least 10 years from the date of medical opinion, whichever is the soonest. The foreseeable future shall mean a period of at least 9 months from the date of medical opinion.
Benefits accruing from the Scheme are calculated as follows:
Retirement on Ill Health Grounds with Immediate Pension
Active members of the Royal Mail Pension Plan with 5 years service or more and at least two years qualifying service in the Pension Plan meeting the criteria for retirement on ill-health grounds will have their pension based on their full benefits calculated up to their last day of service plus 75% of future pensionable service up to normal retirement age.
Members with over 2 but less than 5 years reckonable service will receive a pension based on their full benefits calculated up to their last day of service.
Retirement on Ill Health Grounds with Lump Sum
Where an employee has at least one year's service and meets the criteria for retirement on ill health grounds with a lump sum compensation payment, a payment equivalent to 34 weeks' pay will be made.
Formal Notice Period
Retirement on ill health grounds in both cases will be subject to normal contractual notice of termination of employment or 9 weeks notice whichever is the greater (9 weeks notice will also apply to employees on trial where they are being terminated on ill health grounds). This will be with pay.
For details of the Scheme including the Appeals Procedure please refer to LTB 301/2009 dated 3rd April 2009.
BT Long Term Illness Procedures
Under the long terms illness procedures, medical retirement is only available where an employee can provide medical evidence that they are "permanently unfit to do the duties of their post". This requirement is interpreted very strictly by BT Occupational Health Services.
Under the long terms illness procedures, a member's service can be terminated if they are unfit to carry out their duties for a considerable period, but not considered permanently unfit and therefore eligible for medical retirement.
The Legal Department is not responsible for processing applications under the above procedure and members should refer their enquiries to the appropriate Telecoms National Officer.