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Regulation 20 Compensation of claimant who obtains further pensionable employment

Original text. Later amendments are not shown.

(1)

This Regulation shall apply to a person who, after suffering loss of employment or diminution of emoluments as a regular fireman, enters employment in which he is subject to a pension scheme and thereafter becomes entitled to reckon service for the purposes of that scheme by virtue of any pensionable service which is taken into account for the purpose of any award or notional award, under the Firemen's Pension Scheme, by reference to which the amount of any retirement compensation payable to him falls to be assessed.

(2)

No retirement compensation for loss of employment or diminution of emoluments shall be payable to a person to whom this Regulation applies unless the annual rate of the emoluments to which he was entitled immediately before such loss or diminution exceeds the annual rate, on entry, of the emoluments of the new employment by more than 2½ per cent. of such first mentioned emoluments.

(3)

Subject to Regulation 26 of these Regulations, any retirement compensation for loss of employment or diminution of emoluments payable to a person to whom this Regulation applies shall be payable at the rate at which compensation for loss of employment would be payable—

(a)

in the case of any retirement compensation, if for the purpose of calculating any pension or notional pension under the Firemen's Pension Scheme by reference to which it falls to be assessed, his average pensionable pay (or, where appropriate, his pensionable pay) had been of an amount corresponding to the difference between the two rates referred to in the preceding paragraph; and

(b)

in the case of retirement compensation for diminution of emoluments, if Regulation 19 of these Regulations had not been made:

Provided that retirement compensation for diminution of emoluments shall not by virtue of this paragraph be payable to a person at an annual rate in excess of that of the retirement compensation which would have been payable under Regulation 19 had this Regulation not been made and had the person reached the age of compulsory retirement when he ceased to hold the employment in which he suffered diminution.