Role of the IRMPN.I.
This section has no associated Explanatory Memorandum
38.—(1) A decision as to whether a member is entitled to early payment of retirement pension under regulation 36 (early payment of retirement pension on ill-health grounds: active members) or 37 (early payment of retirement pension on ill-health grounds: deferred members), shall be made by the Committee after it has obtained a certificate from an IRMP as to—
(a)whether or not the member is suffering from a condition that renders the member permanently incapable of discharging efficiently the duties of the employment the member was engaged in, because of ill-health or infirmity of mind or body;
(b)whether as a result of that condition the member has a reduced likelihood of being capable of undertaking any gainful employment before reaching normal pension age...; and
[(c)where a member has been working reduced contractual hours or at a lower grade and had reduced pay as a consequence of the reduction in contractual hours or grade, whether that member was wholly or temporarily in part time service as a result of the condition that caused or contributed to the member’s ill-health retirement.]
(2) Where the IRMP is considering an application under regulation 36 (early payment of retirement pension on ill-health grounds: active members), the IRMP shall further determine whether, as a result of that condition, the member—
(a)is unlikely to be capable of undertaking any gainful employment before reaching normal pension age; or
(b)is likely to become capable of undertaking any gainful employment before reaching normal pension age.
(3) A certificate from an IRMP, obtained under paragraphs (1) and (2), shall include a statement that—
(a)that IRMP has not previously advised, or given an opinion on or otherwise been involved in the particular case for which the certificate has been requested; and
(b)that IRMP is not acting, and has not at any time acted, as the representative of the member, the employing authority or any other party in relation to the same case.
(4) The Committee and the IRMP shall have regard to guidance given by the Department when carrying out their function under this regulation, when making an ill-health determination.
[(5) Where an IRMP is part of an occupational health provider, the IRMP is not to be treated as having advised, given an opinion on or otherwise been involved in a particular case because another IRMP from the same occupational health provider has advised, given an opinion on or otherwise been involved in that case.]