Section 35Part 2 — Defined Benefits
Disability retirement
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35. (1) An active or a deferred vested defined benefit plan member who becomes permanently disabled shall be eligible to retire from Service with an immediate pension, effective on the date of that person’s permanent disability, if that person’s permanent disability is certified by the Chief Medical Officer.
Where a plan member to whom a pension is being provided under this section (or to whom a pension on medical grounds was granted under the prior law) is found by the Chief Medical Officer to be no longer disabled or is re-appointed to that person’s prior office or appointed to an office in Service which the Administrator determines to be similar, the payment of that person’s pension shall be suspended until the earlier of —
the plan member’s attainment of normal retirement age; or
the later to occur of the plan member’s subsequent termination from Service or attainment of early retirement age.
A plan member whose pension is suspended under subsection (2) shall become an active defined contribution plan member on the date of that person’s re- employment.
Where a plan member to whom a pension is being provided under this section (or to whom a medical pension was granted under the prior law) is re-appointed to an office in Service which the Administrator determines to be dissimilar to the office that person held immediately prior to the onset of permanent disability, section 23 shall apply to the plan member. Public Service Pensions Act (2023 Revision) Section 36 c Revised as at 31st December, 2022 Page 31