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PART 6Retirement pensions payable on grounds of permanent medical unfitness

CHAPTER 3Early payment of full retirement pension on grounds of permanent medical unfitness

Referral of medical questions for purpose of early payment of a full retirement pension on grounds of permanent medical unfitness

76.—(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(1).

(1)

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