Common use of Medical Retirement Clause in Contracts

Medical Retirement. 10.4.1 The purpose of this provision is to: Provide the opportunity for principals currently in service, who are declared medically unfit or who have a terminal or serious illness, to retire from teaching with dignity; Give the ability for boards to recruit a new principal to the vacant permanent position without delay. ‘Currently in service’ means the principal is employed in a permanent position at the time the application for medical retirement is made and when concurrence is given by the Secretary. Medical Retirement cannot be granted retrospectively. A permanently appointed principal, currently in service, may be granted medical retirement under this clause in circumstances where the principal has either a terminal or serious illness which causes them to be incapable of continuing to work or returning to work in the foreseeable future, subject to the provisions of Appendix 5. An application for medical retirement may be initiated by either the principal or the employer. The processes to be followed by the principal and the employer are specified in Appendix 5. In such circumstances, the principal shall provide to the employer evidence of their illness from the principal’s registered medical specialist with a prognosis attesting to the incapacity to work both currently and in the future. Their employer may request a further medical opinion from a registered medical practitioner nominated by the employer and will reimburse the cost where this is requested. Where the majority of medical evidence supports the application for medical retirement, as per the guidelines outlined in Appendix 5, the employer shall seek the concurrence of the Secretary to medically retire the principal. Where the majority of medical evidence does not support a claim for medical retirement under this provision the application will be declined. If the application is approved the Teaching Council must be notified by the Board that the principal has been medically retired.