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Article 6 Amount of payment under article 5: leavers with long service commitments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This article applies if, had the service of a person entitled to a payment under article 5 continued until the end of his commitment period, at the end of that period he would either—

(a)

have been entitled to payments under article 9 of the EDP Order (entitlement to early departure payments) (“EDPO payments”), or

(b)

have attained the age of 55.

(2)

If when the person’s service actually ceases he—

(a)

is not entitled to EDPO payments, and

(b)

has not attained that age,

then, unless paragraph (3) applies, the amount payable to him under article 5 is equal to one eighth of his final relevant earnings, multiplied by the number of years of relevant service he is entitled to count when his service ceases.

(3)

If that number exceeds 18, the amount of the lump sum payable to him under article 5 is equal to one eighth of his final relevant earnings, multiplied by 18.

(4)

If when the person’s service actually ceases he—

(a)

is entitled to EDPO payments, or

(b)

has attained the age of 55,

then, unless paragraph (5) applies, the amount of the lump sum payable to him under article 5 is equal to his final relevant earnings.

(5)

If the number of years of service (“NY”) that the person would have served after the time when his service ceases had he continued to serve until the end of his commitment period is less than 4, the amount of the lump sum payable to him under article 5 is equal to one quarter of his final relevant earnings, multiplied by NY.

(6)

This article is subject to articles 8 to 10.