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The Local Government Superannuation (Scotland) Amendment (No.4) Regulations 1997

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26.  In regulation N1 after paragraph (2) there shall be inserted–

(2A) Where an employing authority are considering whether–

(a)a person who has ceased to hold a local government employment is entitled to a benefit under regulation E2(1)(b)(i), or

(b)the date on which preserved benefits become payable is to be ascertained in relation to a person under regulation E2(6)(a),

they shall refer for decision to a registered medical practitioner approved by the appropriate administering authority (if different from the employing authority) the following questions:–

(i)whether at the time when the employment ceased, in the case of entitlement under regulation E2(1)(b)(i), or at the date in question in the case of payment in terms of regulation E2(6)(a), the person was, on the balance of probabilities, incapable of discharging efficiently the duties of the local government employment he had ceased to hold and, if so,

(ii)whether the incapacity was by reason of permanent ill-health or infirmity of mind or body.

(2B) The decision of the medical practitioner on the questions referred to him under paragraph (2A) shall be given in the form of a certificate..

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