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

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

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

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

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 Ombudsman

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

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

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

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

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

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

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

Questions?