(1) Any member of the Police who is certified by 2 medical practitioners nominated by the Commissioner and approved under subsection (5A) of this section to be substantially medically unfit (whether the unfitness relates to the physical or mental condition of the member) to perform any specified duties in the Police which the Commissioner considers suitable for him may be required by the Commissioner by notice in writing to retire from the Police within such time, being not less than one month, as may be specified in the notice:
Provided that the member may, with the consent of the Commissioner, waive his right to notice and retire immediately.
(2) Any member required under this section to retire from the Police shall, on the expiration of the time specified in that behalf in the notice, cease to be a member:
Provided that where an appeal is commenced under subsection (3) of this section, the appellant shall not cease to be a member until he has been notified by the Commissioner of the result of the appeal.
(3) Any member who is required under this section to retire from the Police may appeal against the requirement.
(4) Every appeal shall be commenced by notice of appeal delivered to the Commissioner within 7 days after the receipt of the notice referred to in subsection (1) of this section.
(5) Any appeal under this section shall be determined by 3 medical practitioners of whom one shall be appointed by the Commissioner and approved under subsection (5A) of this section and one by the appellant and the third by agreement between the medical practitioners already appointed or, failing agreement, by the Director-General of Health. Any decision of a majority of the medical practitioners appointed as aforesaid shall be the decision in the appeal.
(5A) Every medical practitioner nominated under subsection (1) of this section or appointed by the Commissioner under subsection (5) of this section shall,—
(6) Subject to the provisions of subsection (5) of this section the medical practitioners appointed under that subsection after full inquiry may dismiss the appeal or allow the appeal subject to the appellant complying with any conditions specified by them.
(7) Where any member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme retires from the Police under this section, that member of the Police shall, subject to section 88F of the Government Superannuation Fund Act 1956, be entitled to a retiring allowance calculated in accordance with that section.
(8) Where any member of the Police who is a member of a State services superannuation scheme retires from the Police under this section, that member of the Police shall, subject to the provisions of that scheme, be entitled to the benefits provided for in the event of retirement from the Police.
Compare: 1947 No 13 s 19
The original subsection (1) was amended, as from 16 October 1964, by section 3(1) Police Amendment Act 1964 (1964 No 20) by inserting the words “and approved by the Government Superannuation Board”
, and the words “(whether the unfitness relates to the physical or mental condition of the member”
were inserted by section 3 Police Amendment Act 1976.
Subsection (1) was amended, as from 1 July 1992, by section 5(1) Police Amendment Act 1992 (1992 No 63) by substituting the words “and approved under subsection (5A) of this section”
for the words “and approved by the Government Superannuation Board”
.
Subsection (1) was amended, as from 14 December 1976, by section 3 Police Amendment Act 1976 (1976 No 154) by inserting the words “(whether the unfitness relates to the physical or mental condition of the member)”
.
Subsection (1) proviso was inserted, as from 13 January 1980, by section 2(2) Police Amendment Act 1980 (1980 No 130).
The original subsection (5) was amended, as from 16 October 1964, by section 3(1) Police Amendment Act 1964 (1964 No 20) by inserting the words “and approved by the Government Superannuation Board”
.
Subsection (5) was amended, as from 1 July 1992, by section 5(1) Police Amendment Act 1992 (1992 No 63) by substituting the words “and approved under subsection (5A) of this section”
for the words “and approved by the Government Superannuation Board”
.
Subsection (5) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”
. See sections 178 to 227 of that Act as to the transitional provisions.
Subsection (5A) was inserted, as from 1 July 1992, by section 5(2) Police Amendment Act 1992 (1992 No 63).
Subsection (5A)(a) was amended, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28) by substituting the words “Superintendent of the Government Superannuation Fund”
for the words “Government Superannuation Fund Board”
. Section 31 incorrectly repealed the words “Government Superannuation Board”
from this subsection.
Subsection (5A)(a) was amended, as from 2 October 2001, by section 40 Government Superannuation Fund Amendment Act 2001 (2001 No 47) by substituting the words “the Government Superannuation Fund Authority”
for the words “the Superintendent of the Government Superannuation Fund”
. See sections 2(3) and 2(4) of that Act for transitional provisions relating to the period between 21 August 2001 (the date the Government Superannuation Fund Amendment Act 2001 was assented) and 2 October 2001. See section 28 of that Act, which allows the Minister to enter into transitional agreements. See Part 2 of that Act as to various miscellaneous provisions.
Subsection (7) was inserted, as from 16 October 1964, by section 3(3) Police Amendment Act 1964 (1964 No 20).
Subsection (7) was substituted, as from 1 July 1992, by section 5(3) Police Amendment Act 1992 (1992 No 63).
Subsection (8) was inserted, as from 1 July 1992, by section 5(3) Police Amendment Act 1992 (1992 No 63).