retirement, the member’s accrued the duties of the employment they benefits come into payment were engaged in at the date they immediately, without enhancement, became a deferred member and for up to a maximum period of who is unlikely to be capable of three years, with a review taking undertaking gainful employment place after 18 months. before normal pension age, or for at three years, whichever is The LGPS member is required to sooner, may ask to receive inform us upon starting any immediate payment of their employment whilst those benefits deferred benefits regardless of their are in payment and to answer any age. reasonable questions about the employment status including details Under these circumstances the of pay and hours worked. deferred member must make a request in writing to us as their If we determine that the LGPS former LGPS employer who, having member has entered into gainful obtained a certificate from their employment or the LGPS member Independent Registered Medical fails to answer the questions raised Practitioner (IRMP) setting out their by us, we may determine to cease opinion as to whether or not the payment of the Tier 3 benefit and to former employer meets the recover any payment made in qualifying conditions for health ‘ill respect of any period it determines retirement’, may or may not agree that the member has been in gainful to the release of the deferred employment. benefits. Gainful employment means paid Our policy is to consider each employment for not less than 30 request on its merits, which include hours in each week for a period of affordability. not less than 12 months. Regulations 91, 92, 93 & 95 – Our policy will be to cease such Forfeiture of pension rights payments and to recover any after conviction for payments made for gainful employment-related offences employment. etc Regulation 38(3) & (6) Early – If an LGPS member is convicted of a payment of retirement pension relevant offence committed in on ill health grounds: deferred connection with an employment and deferred pensioner because of which the person has left members that employment, we may apply to the Secretary of State for the issue A deferred member (or deferred of a forfeiture certificate and it is pensioner member) who, because of our policy that we will do so. ill health or infirmity of mind or body, becomes permanently incapable of discharging efficiently
retirement, the member’s accrued benefits come into payment immediately, without enhancement, for up to a maximum period of three years, with a review taking place after 18 months. The LGPS member is required to inform us upon starting any employment whilst those benefits are in payment and to answer any reasonable questions about the employment status including details of pay and hours worked. If we determine that the LGPS member has entered into gainful employment or the LGPS member fails to answer the questions raised by us, we may determine to cease payment of the Tier 3 benefit and to recover any payment made in respect of any period it determines that the member has been in gainful employment. Gainful employment means paid employment for not less than 30 hours in each week for a period of not less than 12 months. Our policy will be to cease such payments and to recover any payments made for gainful employment. Regulation 38(3) & (6) – Early payment of retirement pension on ill health grounds: deferred and deferred pensioner members A deferred member (or deferred pensioner member) who, because of ill health or infirmity of mind or body, becomes permanently incapable of discharging efficiently the duties of the employment they were engaged in at the date they became a deferred member and who is unlikely to be capable of undertaking gainful employment before normal pension age, or for at three years, whichever is sooner, may ask to receive immediate payment of their deferred benefits regardless of their age. Under these circumstances the deferred member must make a request in writing to us as their former LGPS employer who, having obtained a certificate from their Independent Registered Medical Practitioner (IRMP) setting out their opinion as to whether or not the former employer meets the qualifying conditions for ‘ill health retirement’, may or may not agree to the release of the deferred benefits. Our policy is to consider each request on its merits, which include affordability. Regulations 91, 92, 93 & 95 – Forfeiture of pension rights after conviction for employment-related offences etc If an LGPS member is convicted of a relevant offence committed in connection with an employment because of which the person has left that employment, we may apply to the Secretary of State for the issue of a forfeiture certificate and it is our policy that we will do so.