- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
90.—(1) For the purpose of determining whether a member (M) is permanently incapable of discharging the duties of M’s employment efficiently, the scheme manager must—
(a)have regard to the factors in paragraph (2), no one of which is to be decisive; and
(b)disregard M’s personal preference for or against engaging in the employment.
(2) The factors mentioned in paragraph (1)(a) are—
(a)whether M has received appropriate medical treatment in respect of the infirmity;
(b)M’s mental capacity;
(c)M’s physical capacity;
(d)the type and period of rehabilitation it would be reasonable for M to undergo in respect of the infirmity, regardless of whether M has undergone the rehabilitation; and
(e)any other matter the scheme manager thinks appropriate.
(3) For the purpose of determining whether M is permanently incapable of engaging in regular employment of like duration as mentioned in paragraph (3)(b) of regulation 89, the scheme manager must—
(a)have regard to the factors in paragraph (4), no one of which is to be decisive; and
(b)disregard the factors in paragraph (5).
(4) The factors mentioned in paragraph (3)(a) are—
(a)whether M has received appropriate medical treatment in respect of the infirmity;
(b)such reasonable employment as M would be capable of engaging in if due regard is given to—
(i)M’s mental capacity;
(ii)M’s physical capacity;
(iii)M’s previous training; and
(iv)M’s previous practical, professional and vocational experience,
irrespective of whether or not such employment is available to M.
(c)the type and period of rehabilitation it would be reasonable for M to undergo in respect of the infirmity, regardless of whether M has undergone the rehabilitation, having regard to—
(i)M’s mental capacity; and
(ii)M’s physical capacity.
(d)the type and period of training it would be reasonable for M to undergo in respect of the infirmity, regardless of whether M has undergone the training, having regard to—
(i)M’s mental capacity;
(ii)M’s physical capacity;
(iii)M’s previous training; and
(iv)M’s previous practical, professional and vocational experience; and
(e)any other matter the scheme manager considers appropriate.
(5) The factors mentioned in paragraph (3)(b) are—
(a)M’s personal preference for or against engaging in any particular employment; and
(b)the geographical location of M.
(6) In this regulation—
“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the infirmity, but does not include any treatment that the scheme manager considers—
that it would be reasonable for M to refuse;
would provide no benefit to restoring M’s capacity for—
discharging the duties of M’s employment efficiently for the purposes of paragraph (2)(c) of regulation 89; or
engaging in regular employment of like duration for the purposes of paragraph (3)(b) of that regulation;
that through no fault on the part of M, it is not possible for M to receive before M reaches normal pension age.
“permanently” means until M attains M’s prospective normal pension age; and
“regular employment of like duration” has the same meaning as in regulation 89.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys