Arriva London North and Arriva London South Pension Scheme (PO-3152)

Subject

Mr Pearce complains that the Trustees incorrectly refused his application for ill-health early retirement (IHER) benefits on grounds of incapacity. Mr Pearce says that the Trustees incorrectly considered his application on the basis of evidence provided by the Trustees’ independent medical practitioner. He says that the evidence of his medical condition provided by his employer’s doctor should have been considered.

The Pensions Ombudsman’s determination and short reasons

The complaint should not be upheld against the Trustees  as they reached their decision in a proper manner after due consideration of the medical evidence. Although Mr Pearce was entitled to have the medical assessments by his employer’s doctor and his general practitioner considered by the Trustees, neither of these assessments considered the definition of “Incapacity” in the rules of the Scheme and therefore they did not meet the requirements of the Scheme’s governing documentation. Only the evidence produced by the Trustees’ independent medical practitioner met these requirements.