OpenLegislation

Regulation 12 Conditions for payment of long-term and retirement compensation

Original text. Later amendments are not shown.

(1)

Without prejudice to any other requirement of these Regulations, nothing in these Regulations shall entitle a person to long-term or retirement compensation unless—

(a)

he has suffered loss of office or loss or diminution of emoluments attributable to any such provision as is mentioned in Regulation 4 of these Regulations not later than ten years after the material date;

(b)

in the case of a claim for long-term compensation, he has made his claim for compensation in accordance with the provisions for making claims set out in Part VII of these Regulations, and in the case of a claim for retirement compensation, he has given notification of his intention to claim such compensation in accordance with Regulation 26 of these Regulations, not later than two years after the loss or diminution which is the cause of the claim; and

(c)

if the cause of the claim for compensation is loss of office—

(i)

the loss of office occurred for some reason other than misconduct or incapacity to perform such duties as immediately before the loss he was performing or might reasonably have been required to perform; and

(ii)

he has not been offered any reasonably comparable employment in the office of coroner or in assisting the holder of such an office in the performance of the duties of that office or under the Crown or in the service of a local authority.

(2)

Regulation 6(2) and (3) of these Regulations as to offers of employment shall apply for the purposes of this Regulation.

(3)

Claims for long-term and retirement compensation for loss of office shall in all respects be treated as claims for such compensation for the loss of emoluments occasioned thereby and the provisions of these Regulations shall apply to all such claims accordingly.