Regulation 20 Ill-Health
In regulation 26–
in paragraph (1), after “the duties of that employment” insert “or any other comparable employment with his employing authority”;
add as a new paragraph (5)–
“(5)In paragraph (1)–
“comparable employment” means employment in which, when compared with the member’s employment–
- (a)
the contractual provisions as to capacity either are the same or differ only to an extent that is reasonable given the nature of the member’s ill-health or infirmity of mind or body; and
- (b)
the contractual provisions as to place, remuneration, hours of work, holiday entitlement, sickness or injury entitlement and other material terms do not differ substantially from those of the member’s employment; and
“permanently incapable” means incapable until, at the earliest, the member’s 65th birthday.”.