Early payment of retirement pension on ill-health grounds: active members
36.—(1) Where an active member who has qualifying service for a period of two years or more ceases local government employment on the grounds that—
(a)the member’s ill-health or infirmity of mind or body renders the member permanently incapable of discharging efficiently the duties of the employment the member was engaged in; and
(b)the member, as a result of ill-health or infirmity of mind or body, has a reduced likelihood of being capable of undertaking any gainful employment before reaching normal pension age,
the Committee may, at the request of the employing authority, determine that the member’s retirement pension comes into payment before the member’s normal pension age in accordance with this regulation.
(2) If a member satisfies the conditions in paragraphs (1)(a) and (1)(b) then the member shall take early payment of a retirement pension.
(3) The amount of the retirement pension that a member who satisfies the conditions mentioned in paragraphs (1)(a) and (1)(b) receives is determined by which of the benefit tiers specified in paragraphs (4) and (5) that member qualifies for, calculated in accordance with regulation 39 (calculation of ill-health pension amounts).
(4) A member is entitled to Tier 1 benefits if that member is unlikely to be capable of undertaking any gainful employment before normal pension age.
(5) A member is entitled to Tier 2 benefits if that member—
(a)is not entitled to Tier 1 benefits; and
(b)is likely to become capable of undertaking any gainful employment before reaching normal pension age.
(6) Before determining whether a member who has ceased to hold a local government employment is entitled to a benefit under this regulation, the Committee shall obtain a certificate, in accordance with regulation 38 (role of the IRMP), from an IRMP qualified in occupational health medicine who is appointed by the Committee.