Local Government Pension Scheme HR Update – IDRP 14/11/2011 Janet Caiazzo – Pensions Manager

1. Local Government Pension Scheme HR Update – IDRP 14/11/2011 Janet Caiazzo – Pensions Manager

2. Internal Dispute Resolution Procedure regulations 58 and 60 of the Administration Regulations

3. IDRP Decision Making LGPS regulations are divided into - Regulations which require employer decisions Regulations that require Administering Authority Decisions Discretions which require employer and administering authority policies

4. IDRP • There are 4 stages to go through to resolve an appeal • Stage 1 • Stage 2 • TPAS • Ombudsman • The same nominated person cannot deal with both stages 1 and 2

5. IDRP Stage 1 Should be dealt with by the original decision maker the employer or the administering authority Stage 2 Should be dealt with by the administering authority TPAS Should be dealt with by the administering authority Ombudsman Should be dealt with by the administering authority

6. IDRP • The Employer and the administering authority should have a nominated person(s) to deal with the complaint • Complaints can be about a decision or maladministration • Unreasonable delays • Failure to give timely or adequate information • Failure to let the person know about changes to scheme rules • Failure to make a decision

7. IDRP Timescales The member can make a complaint up to 6 months after the decision or failure The nominated person must respond within 2 months but this can be extended stating an expected date of reply

8. IDRP • Stage 1 • Is a formal review of the initial decision, it is an opportunity to reconsider the question and where appropriate to change the decision • Stage 2 • Should seek to achieve an impartial fair minded decision on the dispute In cases of maladministration can recommend an award of compensation • The decision maker should be able to state that • They are not acting as a representative • Have not previously advised on the case • Have not given an opinion on this case • Have not been involved in this case

9. IDRP • Ill Health what goes wrong? This is the most common appeal! • Ill Heath Retirement not awarded • Don’t agree with the Tier awarded • IRMP didn’t see me • IRMP didn’t have all of my medical details • Employer didn’t consider ill health retirement • The same doctor does the absence advice and the ill health certification • Employer’s decision. Was it Sound? • Did the employer provide enough detail about the persons occupation/duties • Correspondence who awards the benefit, delegated powers

10. IDRP • Responsibilities — Employing Authority • Don’t use old certificates • Nominate an IRMP before you have a case • Ensure the IRMP is sent the guidance with each case • Describe the employee or former employee’s duties accurately speak to their manager or former manager

11. IDRP Most commonly asked question by the Nominated person Should I get a second medical opinion? Have all of the requirements been met as set out in regulation 97 Been complied with? A new opinion should be sought where the opinion is out of date (3months), ambiguous or contradictory The means by which the IRMP arrives at his decision is entirely a matter for his professional judgement Obtain a second opinion if the decision is flawed or there has been an injustice

12. IDRP Special Medical Certificate for use by the nominated person is on the web-site Regulations 100 and 102: “ Internal Dispute Resolution Procedures”

13. Questions?