FAQ 1
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1. How can I apply for retirement on medical grounds? _________________________________________________________ ________________________________________________________
Things to note !!! YOU may be entitled to pre-assessment payments while you are waiting for the decision of the CSC about your eligibility for retirement on the grounds of incapacity. PSS and PSSap members who are aged 60 years or over are not eligible for the benefit. For CSS members, the age limit is 65. If the CSC considers that a rehabilitation program is an appropriate alternative to retirement, the CSC may require you to attend a rehabilitation program which it will arrange for you. The cost of the program will be paid by the super fund. _________________________________________________________ References PSS Fact Sheet PSF12 - Invalidity Benefits Australian Public Service Commission - Terminating APS Employment: The legislative framework, Part 2.6 ____________________________________________ |
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An APS Agency may terminate the employment of an ongoing APS employee on the ground set out in section 29(3)(d) of the Public Service Act, which is: (d) inability to perform duties because of physical or mental incapacity. The Agency is required by the relevant enterprise agreement (or "agency agreement") to raise any concerns about performance with the employee concerned (see the agreement provisions relating to Underperformance" and "Unsatisfactory Performance". Failure to do so is a contravention of the agreement and may attract a fine under the Fair Work Act of up to $33,000, to be paid by the Agency. If the Agency, in the course of implementing the underperformance processes: (a) forms a reasonable suspicion that physical or mental incapacity may be a cause of the employee's unsatisfactory performance, and (b) a medical practitioner confirms it; the employer may not terminate the employee's employment on the grounds of unsatisfactory performance, but may do so on incapacity grounds. An employee who believes they have a medical condition (or conditions) which is likely to stop them working again in similar employment, should request their personnel section to arrange for them to be examined by an approved medico-legal service provider. Current providers for PSS are Australian Medico Legal Services (MLCOA), Medibank Health Solutions (MHS), Medico Legal Opinions (MLO) and eReports. Your personnel section will make an appointment for you and will also give you a completed form SM2 to take to the medical practitioner. The SM2 is called Medical Report for Invalidity Retirement. If as a result of the medical examination, the approved medical practitioner thinks that you are, or may become, unable to continue in your employment, or in similar employment, your personnel section will need to complete the form Application for Issue of Invalidity Retirement Certificate (form SPC). You then need to get your personnel section to send both completed documents to the Commonwealth Superannuation Corporation (CSC) to decide whether you should be retired on medical grounds. You may also wish to send in any other supporting evidence you have, such as a report from a specialist or general practitioner. CSC will generally send the materials to an independent invalidity assessment panel, which will make a recommendation to CSC. It is important to note that formal retirement cannot occur until CSC issues a certificate to the employer stating that, if retired, you will be able to receive invalidity retirement benefits. ______________________________________________________ |