The Police Pensions Regulations (Northern Ireland) 2015

Compulsory retirement of member who was required to continue to serve

81.—(1) This regulation applies if, under regulation 80 (compulsory retirement on grounds of permanent medical unfitness), where the police pension authority in respect of a member who falls within regulation 4(1)(a) requires the member to continue to serve as a member of a police service.

(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 service; 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 to be medically unfit for performing the ordinary duties of a member of the police service, 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 and a certificate 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 service 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.