Regulation 76 Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitnessI1

Scotland

(1)

Before considering whether a deferred member of this scheme is entitled to early payment of a full retirement pension on grounds of permanent medical unfitness, the employer must refer the following questions to a selected medical practitioner for decision—

(a)

whether the member is medically unfit for performing the ordinary duties of a member of the police force;

(b)

whether that medical unfitness is likely to be permanent;

(c)

whether the member is medically unfit for engaging in any regular employment; and

(d)

whether that medical unfitness is likely to be permanent.

(2)

The selected medical practitioner must—

(a)

examine or interview the member as the selected medical practitioner thinks appropriate;

(b)

decide the questions referred to the selected medical practitioner under paragraph (1); and

(c)

give the employer and the member a report containing a decision on those questions.

(3)

That report is final, subject to—

(a)

an appeal under Schedule 1 against the decision of the selected medical practitioner; or

(b)

the referral under Schedule 1 of the decision of the selected medical practitioner for reconsideration.

(4)

For the purpose of paragraph (1), “early payment” means payment before the member reaches the member’s state pension age^f1.

Annotations

Commencement

I1: Reg. 76 in force at 1.4.2015, see reg. 1

Footnotes

f1: See regulation 81(3) for entitlement to early payment of a full retirement pension on grounds of permanent medical unfitness.