DeclanDublin
Registered User
- Messages
- 134
A pension, once in payment cannot be reduced except in certain circumstances such as a scheme re-arrangement. So if you have a pension ( but it is not totally clear if you do) then you are ok.
You probably have no option but have the review.
This could just be a paperwork exercise for the Insurance Company that they are catching up on.
Is it the Insurance company asking for the review, is the Insurance Company an "Ïrish" company?
You could ask for a copy of the scheme rules if you dont have them to read the small print. In particular the rules applying to the granting of your "Early retirement".
Re "as you are aware the pension was granted on the basis of ill-health and subject to review, and we now want to review your entitlement"
You could ask them for the part of the scheme rules where it states this.........if you cannot find it.
A bit confused here as if you were given "Early Retirement" dont know if they can inretire you if you're condition is still the same.
What documentation do you have from when the pension was granted. Was it Just "Early retirement". If you're condition has not changed, get a letter from your consultant etc. You cannot return to work unless you're doctor tells you, you can. A company cannot make you return to work unless you're doctor gives you permission. I think Early Retirment on Ill Health means you cannot do the job you are trained to do. So if your condition is still the same and you have tests/medical reports to prove this you should have no issues. They cannot make you get a job as a Plumber if you were an Electrician. You would also have to be returning to your old job.
You can also ask who is conducting the review. If it s a doctor with no experience in your condition then they cannot really contradict your Consultant. Of course if its an Insurance Company Doctor they get paid by only one person so slightly conflicted in in my opinion.
Unfortunately that is not how it works with insurance policies that cover ill health schemes. They appoint an "independent" doctor who has final say subject to appeal. Whether the person actually goes back to work is a different mater the claim is decided on the independent opinion."if they somehow declare me fit to work, would they have to offer me my job back?"
...................only your doctor /consultant can declare you fit to work..............
Not independent advice but there would have been documents to sign including options regarding a tax free lump sum. Also would have received a P45. The more I read this the more I believe you are on some sort of illness scheme possibly paid from within the scheme rather than through an insurance policy. Do you get a P60 every year?Thanks for all the great responses AAM. Much appreciated, and here's to them not being able to incude medical reviews in the scheme rules, and also I really hope the rule applies that there are no stupid questions.But I'm wondering, I don't recall signing anything when I got my pension. From recollection, it was just granted, (atho I suppose I applied for it) and that pretty much was that. From a legal perspective, wouldn't I have had to sign-off on an early retirement deal, and wouldn't the employer had had to ensure I received independent professional/legal advice, particularly whilst dealing with someone who is quite ill and therefore vulnerable? I know from my perspective, that I was very unwell at the time.
I seem to have rec.d P60's noting the employers as the company name followed by the word 'pensioners.' I don't recall receiving a p45. I see, to my great surprise, that they refer to the company as the employer, so perhaps you are right that this was envisaged as some sort of illness scheme. However, in documents I rec.d from the company granting the pension, they specifically refer to the pension granted 'on your retirement' as of 31/7/02.' further into the letter from the Pension Administration, they refer to death benefits payable within 5 years of the 'pension commencing'. They further refer to the date of retirement. There is NO reference to any illness scheme in the letter. This has me completely stumped. Surely 'retirement' has a very specific meaning in this context?If they meant ill-health scheme that's what they should have said, and furthermore to come back sixteen years later seems utterly arbitrary.Not independent advice but there would have been documents to sign including options regarding a tax free lump sum. Also would have received a P45. The more I read this the more I believe you are on some sort of illness scheme possibly paid from within the scheme rather than through an insurance policy. Do you get a P60 every year?
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