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POWER CLAUSE / RULE HELD BY REQUIRES AGREEMENT OR CONSULTATION WITH SUBJECT TO Authority to amend; to wind the scheme up or delay winding-up; to cease future benefit accrual; to shut to new joiners; to readmit employees to membership of the scheme Discretion to set the employer contribution rate; to lower or suspend contributions; to apportion statutory debts Ability to enhance or vary benefits; to permit early retirement pensions and set actuarial reductions; to allow incapacity pensions, decide whether a member meets the incapacity definition, and reduce or pause such pensions; to grant pensions for serious ill-health; to apply actuarial uplifts for late retirement; to fix the rate at which pension is exchanged for a lump sum; to commute trivial pensions; to provide a bridging pension; to award discretionary increases to pensions; to make unauthorised payments Capacity to admit new employers or end their participation; to replace the principal employer; to transfer members’ benefits into or out of the scheme Authority to return...
The IFS has advised the opposition party to act very swiftly to help minimise disruption if it wins the 4 July 2024 general election and replaces the Conservatives. Recent polls place Labour an average of 21 points ahead of the Conservatives, implying Keir Starmer’s party is set for a landslide victory. In April 2024, the government removed part of the pension tax system known as the LTA. This provided an incentive for National Health Service doctors who had taken early retirement to return to the workforce. Workers who had saved more than £1m into their pensions...
Original news Mrs N (CAS-121348-Z6R0)—28 July 2025 Summary The Pensions Ombudsman has dismissed a complaint seeking repayment of legal fees. While the central dispute — backdating an ill-health early retirement pension to the member’s final day of employment — had been resolved, the complainant pursued recovery of her legal costs. The Ombudsman declined the request, stating that costs are only reimbursed in exceptional circumstances and this matter was not particularly complex. The complainant was nevertheless awarded compensation for exceptional distress and inconvenience. This decision serves as a reminder that it is very uncommon for a complainant to have legal fees reimbursed. What were the facts?...
ESPS (ESPS) is a trust-based arrangement created by an Electricity Council resolution on 20 January 1983 as an industry-wide pension for employees of the nationalised electricity sector. It remained a single scheme at privatisation on 31 March 1990, after which it was divided into separate sections or ‘Groups’. The rules are not publicly accessible. For further information on statutory protections for ESPS members following privatisation, see Practice Note: —Protected Persons. Each principal electricity company participating in the ESPS forms its own Group; there are currently 23 Groups. Some Groups have a single participating employer, while others have several. Each Group is actuarially independent, with its assets and liabilities assessed on a standalone basis... Although a common scheme-wide benefit structure applied at the point of privatisation, since then each Group has been able to offer different benefits to its members. The ESPS rules comprise a central set of clauses and provisions governing matters that apply across the scheme, with Group-specific rules appended as Schedules. This Practice Note outlines the...
What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension that delivers salary‑related, defined benefit (DB) retirement provision for health service staff. The reformed NHSPS (often termed the ‘2015 Scheme’) began on 1 April 2015 as a career average revalued earnings (CARE) arrangement. New starters since that date have joined this scheme, which is the focus of this Practice Note. The legacy NHSPS (the ‘1995/2008 Scheme’) consists of two separate final salary sections—the 1995 Section and the 2008 Section—both closed to future accrual, while preserving a final salary link within that scheme. For further details, see Practice Note: The legacy National Health Service Pension Scheme. There are distinct schemes in Scotland and Northern Ireland, which are not covered by this Practice Note. When the reformed NHSPS opened, the government acted to close the 1995 and 2008 Sections to future accrual, subject to: ...
This Practice Note responds to frequently asked questions faced by pensions lawyers about the United Kingdom Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 (which sits alongside the UK GDPR) and associated matters. For more on the UK GDPR and Data Protection Act 2018 (DPA 2018), see these Practice Notes: Data Protection for pensions lawyers Introduction to the EU GDPR and UK GDPR The UK General Data Protection Regulation (UK GDPR) The Data Protection Act 2018 What was the impact of Brexit? From 25 May 2018 until IP completion day (11 pm on 31 December 2020, when the UK exited the European Union), the UK followed the data protection framework established by the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). Prior to this, the UK’s data protection regime was found in the Data Protection 1998 (DPA 1998), which has since been repealed. The EU GDPR delivered extensive reforms to the earlier regime, introducing expanded and new...
First West Yorkshire Ltd t/a First Leeds v Haigh The EAT found that fairness means a reasonable employer must give genuine consideration to any ill‑health retirement scheme before dismissing for long‑term sickness, consistent with overall fairness. In particular, where an employer offers an enhanced pension on retirement due to ill health, it will be expected to take reasonable steps to determine whether the employee is eligible for the benefit of ill‑health retirement under the relevant scheme in question...