The Local Government Pension Scheme (Benefits, Membership and Contributions) (Scotland) Regulations 2008

Early leavers: ill-health

20.—(1) If an employing authority determines, in the case of a member who has at least 2 years' total membership or has a transfer value credited to the member–

(a) to terminate the member’s local government employment on the grounds that the member’s ill-health or infirmity of mind or body renders the member permanently incapable of discharging efficiently the duties of the member’s current employment; and

(b) that the member has a reduced likelihood of obtaining gainful employment (whether in local government or otherwise) before the member’s normal retirement age,

the member’s administering authority shall pay the member benefits under this regulation.

(2) If the authority determines that there is no reasonable prospect of the member obtaining gainful employment before the member’s normal retirement age, the member’s benefits are increased–

(a) as if the date on which the member left local government employment was the member’s normal retirement age; and

(b) by adding to the member’s total membership at that date the whole of the period between that date and the member’s actual normal retirement age.

(3) If the authority determines that there is a reasonable prospect of the member obtaining gainful employment before the member’s normal retirement age, the member’s benefits are increased–

(a) as if the date on which the member left local government employment was the member’s normal retirement age; and

(b) by adding to the member’s total membership at that date 25% of the period between that date and the member’s actual normal retirement age.

(4) In the case of a member in part-time service, the period to be added under paragraph (2)(b) or (3)(b), as the case may be, is calculated in accordance with regulation 8(3) (calculation of length of periods of membership) as if the member had remained in such part-time service until the member’s normal retirement age.

(5) But if, in the case of a person who is a member before 1st April 2009, the period to be added under paragraph (2)(b) or (3)(b), as the case may be, is less than the period that would have been added had regulation 27 (amounts of ill-health pension and grant) of the 1998 Regulations applied, the member’s benefits are increased by adding the latter period.

(6) Before making a determination under this regulation, an authority must obtain a certificate from an independent registered medical practitioner qualified in occupational health medicine as to whether in the independent registered medical practitioner’s opinion the member is permanently incapable of discharging efficiently the duties of the relevant local government employment because of ill-health or infirmity of mind or body and, if so, as to the likelihood of the member being able to obtain other gainful employment before reaching the member’s normal retirement age.

(7) In this regulation–

“gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 months;

“permanently incapable” means that the member will, more likely than not, be incapable until, at the earliest, the member’s 65th birthday”; and

“qualified in occupational health medicine” means–

(a)

holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State; and for the purposes of this definition, “competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003(1); or

(b)

being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.

(1)

S.I. 2003/1250.