Public Service Pensions (Single Scheme and Other Provisions) Act 2012

29.

Retirement on medical grounds.

29.— (1) A Scheme member who has completed less than the vesting period who retires or is retired or discharged on medical grounds in accordance with the conditions laid down in subsection (3) or to whom subsection (10) applies, as the case may be, shall be eligible to receive a gratuity of 8.5 per cent of actual pensionable remuneration during the period of service.

(2) A Scheme member who has completed the vesting period and retires or is retired or discharged on medical grounds in accordance with the conditions laid down in subsection (3) or to whom subsection (10) applies, as the case may be, shall be eligible to receive retirement benefits calculated without actuarial reduction.

(3) Where a Scheme member retires or is retired on medical grounds, a benefit under subsection (1) or (2), as the case may be, shall only be paid where the following conditions are met:

( a) medical evidence shall have been supplied which satisfies the relevant authority that—

(i) the Scheme member has a current ongoing medically recognised physical or mental health condition that is likely to be permanent and enduring,

(ii) that condition permanently renders the member medically incapable of regular and effective service in their current occupation or grade, and

(iii) reasonable medical treatment options and practicable changes to working arrangements (including, in exceptional cases, outside the Scheme member’s current occupation or grade) which would enable or facilitate continued service by the member have been examined and are not considered practical,

( b) due to that ongoing medically recognised physical or mental health condition, the retirement is necessary, and

( c) when—

(i) first taking up a post, position, office or appointment in a public service body, or

(ii) subsequently, taking up another such post, position, office or appointment,

the Scheme member did not make a false declaration about his or her health or suppress any material fact about his or her health.

(4) The medical evidence required by subsection (3) shall be based on a medical assessment carried out by a registered medical practitioner—

( a) who is qualified to assess the fitness for work of the Scheme member concerned, and

( b) to whom subsection (5) relates,

and where the Scheme member is not otherwise a patient of that registered medical practitioner.

(5) For the purposes of subsection (4) the certificate of a registered medical practitioner shall only be admissible if subsection (4)(a) is complied with and, for the purposes of subsection (4)(b), the practitioner satisfies the relevant authority that he or she has practised medicine for a period of 6 years since—

( a) his or her name was entered in the register of medical practitioners, or

( b) where the medical assessment to which the certificate relates has been carried out in a place outside the State, being entitled to practise medicine under the law of such place.

(6) In respect of subsection (2), the Minister may make regulations for the purposes of enhancing the rate of pension and lump sum having regard to—

( a) a Scheme member’s age at the time of his or her retirement or discharge on medical grounds,

( b) a Scheme member’s potential or expected future career as a public servant or otherwise at the time of his or her retirement or discharge on medical grounds,

( c) the quantum of pension and lump sum that would be payable to a Scheme member under subsection (2) but for regulations made under this subsection, and

( d) such other matters as the Minister considers relevant in relation to a Scheme member’s terms and conditions of employment,

and regulations under this subsection may be made in respect of all or a class or classes of Scheme members.

(7) The gross amount of an enhancement to any pension and lump sum that may be made by virtue of regulations under subsection (6) shall not exceed 10 times the value of the most recent full year referable amount calculated for the relevant Scheme member.

(8) Where a person—

( a) having or having been retired or discharged on medical grounds, was awarded a pension and lump sum under this Part, and

( b) is subsequently re-appointed as a pensionable public servant and Scheme member,

then—

(i) the pension shall cease to be paid in respect of any period after such re-appointment,

(ii) upon repaying to the relevant authority concerned the lump sum so awarded together with compound interest to the date of payment or final payment where subsection (9)(a) applies, such person shall have restored to him or her the sum of the referable amounts that he or she had accumulated at the date he or she had ceased to be a Scheme member, and

(iii) the amount restored under paragraph (ii) shall be limited to the actual value of the referable amounts at the time of retirement or discharge on medical grounds.

(9) For the purposes of subsection (8)

( a) the relevant authority concerned may at its discretion agree to accept payment of the amount concerned in more than one payment,

( b) compound interest shall be calculated at such rate per annum as may be specified by the relevant authority with the approval of the Minister.

(10) Subsections (3), (4) and (5) do not apply to a member of the Permanent Defence Force who is, in accordance with the regulations made under the Defence Acts 1954 to 2007 or other administrative measure duly made by the Minister for Defence, compulsorily discharged or retired on medical grounds from the Permanent Defence Force having been found unfit for further service.

Annotations:

Editorial Notes:

E10

Power pursuant to subs. (6) exercised (1.01.2013, deemed) by Single Public Service Pension Scheme (Retirement on Medical Grounds) Regulations 2017 (S.I. No. 15 of 2017), in effect as per reg. 1(2).