The Police Pensions Regulations 2015 No. 445

PART 6 U.K. Retirement pensions payable on grounds of permanent medical unfitness

CHAPTER 1 U.K. General

Police pension authority U.K.

73.  In this Part, “ police pension authority” means the police pension authority acting in exercise of its functions as employer or scheme manager.

Medical unfitness U.K.

74.—(1) In these Regulations—

“infirmity” means a disease, injury, or medical condition, and includes a mental disorder, injury or condition;

“injury” includes any injury or disease, whether of body or of mind; and

“medical unfitness”, in relation to a member of a police force or a former member of a police force, means inability occasioned by infirmity of mind or body—

(a)

to perform the ordinary duties of a member of the police force; or

(b)

to engage in any regular employment.

(2) For the purpose of this Part, “ordinary duties of a member of the police force” in relation to a former member of a home police force means the ordinary duties of a member of the home police force.

Permanent medical unfitness U.K.

75.—(1) In these Regulations, a reference to a member of a police force or a former member of a police force (“the member”) being permanently medically unfit is taken to be a reference to—

(a) the member being medically unfit at the time the selected medical practitioner decides the question; and

(b) that medical unfitness being at that time likely to be permanent.

(2) For the purpose of deciding whether or not the member's medical unfitness is likely to be permanent, the member is taken to receive normal appropriate medical treatment.

(3) In this regulation, “appropriate medical treatment” does not include medical treatment that the police pension authority acting in exercise of its functions as scheme manager decides is reasonable for the member to refuse.

(4) The member may appeal under regulation 207 (appeals to Crown Court) or 208 (appeals to Secretary of State) against a decision of the police pension authority as to whether a refusal to accept medical treatment is reasonable.

Modifications etc. (not altering text)

C1 Reg. 75(2)-(4) applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(5)

Decision of selected medical practitioner U.K.

76.—(1) This regulation applies for the purpose of this Part.

(2) The selected medical practitioner must decide that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if the selected medical practitioner is of the opinion that—

(a) the member is unable to perform the ordinary duties of a member of the police force;

(b) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

(i) the member reaches normal pension age under this scheme; or

(ii) the member dies (if the selected medical practitioner considers the member is likely to die before reaching normal pension age under this scheme).

(3) The selected medical practitioner must decide that the member is permanently medically unfit for engaging in any regular employment if the selected medical practitioner is of the opinion that—

(a) the member is unable to perform the ordinary duties of a member of the police force;

(b) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

(i) the member reaches normal pension age under this scheme; or

(ii) the member dies (if the selected medical practitioner considers the member is likely to die before reaching normal pension age under this scheme);

(c) the member is unable to engage in regular employment otherwise than as a member of a police force; and

(d) that inability is occasioned by infirmity of mind or body and is likely to continue until the day on which—

(i) the member reaches normal pension age under this scheme; or

(ii) the member dies (if the selected medical practitioner considers the member is likely to die before reaching normal pension age under this scheme).

Modifications etc. (not altering text)

C2 Reg. 76(3)(c)(d) applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(5)

Refusal to be medically examined or attend interviews U.K.

77.—(1) The police pension authority may make a determination under this Part on such evidence and medical advice as the police pension authority in its discretion thinks necessary if—

(a) a question as to whether a member of a police force is permanently medically unfit is referred to a selected medical practitioner for decision; and

(b) the member wilfully or negligently fails to submit to any medical examination or to attend any interviews that the selected medical practitioner considers necessary in order to make a decision.

(2) An appeal under Schedule 1 against a decision of a selected medical practitioner is taken to be withdrawn if—

(a) a question as to whether a member of a police force is permanently medically unfit is referred to an appeal board for decision; and

(b) the person wilfully or negligently fails to submit to any medical examination or to attend any interviews that the appeal board considers necessary in order to make a decision.

A report under this Part U.K.

78.  For the purpose of these Regulations—

(a) a reference to a report under Part 6 is a reference to—

(i) a report under regulation 81, 83 or 86 (“the report under this Part”); or

(ii) a report given under Schedule 1 on an appeal or reconsideration if that report has replaced the report under this Part; and

(b) a reference to a report under regulation 81, 83 or 86 is a reference to—

(i) the report under that regulation; or

(ii) a report given under Schedule 1 on an appeal or reconsideration if the report under Schedule 1 has replaced the report under this Part.

CHAPTER 2 U.K. Compulsory ill-health retirement

Application of Chapter U.K.

79.  This Chapter applies in relation to a member of a police force (“the member”)—

(a) who is an active member of this scheme; or

(b) who, for the purpose of determining entitlement to payment of benefits to or in respect of the member, is taken to be an active member of this scheme M1 .

Marginal Citations

M1 See Chapter 1 of Part 4 (active membership) for when a member of a police force is taken to be an active member of this scheme.

Former member of home police force U.K.

80.—(1) In this Chapter, “ former member of a home police force” means—

(a) a specified NCA officer;

(b) a person engaged on temporary service in accordance with arrangements made under section 26(2) of PA 1996; or

(c) a person engaged on relevant service under section 97 of PA 1996.

(2) For the purpose of this Chapter—

(a) a former member of a home police force is taken to be a member of the home police force; and

(b) “police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.

Referral of medical questions for purpose of regulation 82 U.K.

81.—(1) Before considering whether a person in service as a member of a police force (“the member”) should be compulsorily retired under regulation 82, the police pension authority 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 police pension authority 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.

Modifications etc. (not altering text)

C3 Reg. 81(3) applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(4)

Compulsory retirement on grounds of permanent medical unfitness U.K.

82.—(1) This regulation applies if—

(a) the police pension authority refers questions relating to the member's permanent medical unfitness to a selected medical practitioner under regulation 81(1);

(b) the selected medical practitioner gives the police pension authority and the member a report under that regulation; and

(c) the report contains the decision that the member is permanently medically unfit for performing the ordinary duties of a member of the police force.

(2) The police pension authority, after considering all the relevant circumstances and all the advice and information available to the police pension authority (including input from the member)—

(a) may require the member to retire on the date the police pension authority considers the member ought to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force; or

(b) may require the member to continue to serve as a member of the police force.

Compulsory retirement of member who was required to continue to serve U.K.

83.—(1) This regulation applies if, under regulation 82(2)(b) (compulsory retirement on grounds of permanent medical unfitness), the police pension authority requires the member to continue to serve as a member of a police force.

(2) The police pension authority, at any time in its discretion it determines, may consider whether the member's medical unfitness has ceased, significantly worsened or significantly improved.

(3) In considering the matters mentioned in paragraph (2), the police pension authority must refer the following questions to a selected medical practitioner for decision—

(a) whether the member continues to be medically unfit for performing the ordinary duties of a member of the police force; and

(b) if so, whether—

(i) the member is also medically unfit for engaging in any regular employment; and

(ii) that medical unfitness is likely to be permanent.

(4) The selected medical practitioner must examine or interview the member as the selected medical practitioner thinks appropriate.

(5) If the selected medical practitioner decides that the member continues to be medically unfit for performing the ordinary duties of a member of the police force, the selected medical practitioner does not need to decide if that medical unfitness is likely to be permanent.

(6) The selected medical practitioner must give the police pension authority and the member a report containing the decisions on the questions referred under paragraph (3).

(7) That report is final, subject to—

(a) an appeal against the decision under Schedule 1; or

(b) the referral of the decision for reconsideration under Schedule 1.

(8) The police pension authority must require the member to retire on the ground that the member is permanently medically unfit for performing the ordinary duties of a member of the police force if, after considering all the relevant circumstances and all the advice and information available to the police pension authority, the police pension authority determines that the member ought to retire.

Compulsory retirement void if appeal successful U.K.

84.  The compulsory retirement of a member under this Part is void if—

(a) the selected medical practitioner decides that the member is permanently medically unfit for performing the ordinary duties of a member of the police force;

(b) the member appeals under Schedule 1 against the decision of the selected medical practitioner; and

(c) the appeal board decides that the member is not permanently medically unfit for performing the ordinary duties of a member of the police force.

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

Application of Chapter U.K.

85.—(1) This Chapter applies in relation to a member of a police force who is a deferred member of this scheme.

(2) For the purpose of this Chapter—

(a) a former member of a home police force is taken to be a member of the home police force; and

(b) “police pension authority”, in relation to the former member of the home police force, means the police pension authority for the home police force.

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

86.—(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 police pension authority 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 police pension authority 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 M2 .

Marginal Citations

M2 See regulation 91(3) for entitlement to early payment of a full retirement pension on grounds of permanent medical unfitness.