Ill-health pension rule - meaning of 'foreseeable future' 1

Reference: L00777

The member complained that his employer failed to reconsider his application for a disability pension properly.

The Rules provided "If at any time before Normal Retirement Date an Active Member provides evidence satisfactory to the Company that for reasons of ill- health he is incapable for the foreseeable future of making an acceptable work contribution in any suitable job with the Company within reasonable travelling distance of his current residence", then, subject to satisfying certain other criteria, he would be entitled to receive a disability pension.

A key issue was whether he was unable for the foreseeable future of making an acceptable work contribution in any suitable job with the employer. The Ombudsman said that this does not necessarily mean that a view need be taken over the whole period to normal retirement age. The phrase should take its ordinary everyday meaning, although that may differ from case to case. Further, different medical conditions in different circumstances will result in different degrees of predictability.