# The Local Government Pension Scheme (Scotland) Regulations 2018, Regulation 36: Early payment of retirement pension on ill-health grounds: deferred members


(1) A deferred member who, because of ill-health or infirmity of mind or body—
(a) becomes permanently incapable of discharging efficiently the duties of the employment that member was engaged in at the date the member became a deferred member; and
(b) is unlikely to be capable of undertaking gainful employment before normal pension age,
may ask to receive payment of a retirement pension whatever the member's age.
(2) A request under paragraph (1) must be made in writing to the deferred member's appropriate administering authority.
(3) Before determining whether or not to agree to a request under paragraph (1), the deferred member's appropriate administering authority must obtain a certificate from an IRMP as to—
(a) whether the member is suffering from a condition that renders the member permanently incapable of discharging efficiently the duties of the employment the member was engaged in because of ill-health or infirmity of mind or body; and, if so
(b) whether as a result of that condition the member is unlikely to be capable of undertaking gainful employment before reaching normal pension age.

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Source: https://www.legislation.gov.uk/ssi/2018/141/regulation/36 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-2018/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.