Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p70
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 178059–180701

on medical grounds may be declared unattached
"76p. (1) At any time after a medical practitioner employed in the Department of Health has recommended, in writing, that a declared officer be retired on the ground that he is, by reason of physical or mental incapacity, incapable of performing his duties, the Board may, by instrument in writing, declare that the officer shall, on a specified day, become an unattached officer and, if the Board does so, the office so held by the officer becomes vacant on that day.
"(2) As soon as practicable after a declaration is made under sub-section (1) in respect of an officer, a copy of the instrument of declaration shall be given to the officer.

Benefits
"76q. (1) The regulations may make provision for and in relation to—
     (a) the payment, in such circumstances as are prescribed, of a benefit, by way of a lump sum, calculated in such manner as is provided for in the regulations, to or in respect of a person who is retired under section 76l (otherwise than for the reason referred to in sub-section 76k (1)); or
     (b) the reimbursement, in such circumstances as are prescribed, of expenses of a prescribed kind incurred by a declared officer.
"(2) The regulations—
(a) may make provision for the purpose of—
        (i) enabling a person entitled to the payment of a lump sum under regulations made in pursuance of sub-section (1) to elect to have paid, in lieu of that sum, benefits, calculated in such manner as is provided for in the regulations, being pension benefits similar to pension benefits payable under the Superannuation Act 1976; and
        (ii) enabling the payment of such a pension benefit to the person entitled to it in association with any benefit payable to the person under the Superannuation Act 1976 and as if it were a benefit payable under that Act;

     (b) may apply the provisions of the Superannuation Act 1976, other than the provisions of Part X of that Act, subject to such modifications and adaptations as are prescribed by the regulations, to and in relation to such a benefit; and
     (c) may make such other provision, not inconsistent with this Act, as is necessary or convenient to be made for carrying out or giving effect to the purpose specified in paragraph (a).
"(3) The provision that may be made by regulations in pursuance of sub-section (2)—
     (a) shall not enable an election referred to in that sub-section to be made by a person—
        (i) who did not become, upon retirement under section 76l, entitled to a pension under the Superannuation Act 1976; or
        (ii) who has made an election under that Act by virtue of which