Regulation 19 Retirement compensation payable on being incapacitated or at minimum pensionable age
A person to whom retirement compensation will be payable pursuant to regulations 16 and 18 on his reaching normal retiring age (if he does not elect to take it earlier under this or the following regulation) may claim, before reaching that age and by notice in writing to the Corporation, to be paid retirement compensation in accordance with this regulation if since the date on which the loss or diminution of pension rights was occasioned he has either:—
become incapacitated in circumstances in which, if he had continued to be a pensionable officer, he would by reason of that incapacity have become eligible for a pension under the last relevant pension scheme; or
reached the minimum pensionable age;
such retirement compensation as from the date from which it is payable to be in lieu of all other compensation payable as from that date under these regulations.
For the purpose of determining the retirement compensation payable to a person claiming under this regulation, regulation 18 shall apply as it applies to a person who has reached normal retiring age, but subject to the provisions as to determining compensation hereinafter in this regulation stated and in the case of such incapacity as is mentioned in paragraph (1)(a) subject to the substitution for (a) of regulation 18(2) of the following—
“(a)he had become incapacitated in circumstances in which he would by reason of that incapacity have become eligible for a pension under the last relevant pension scheme.”
Within 13 weeks of the receipt of a claim under paragraph (1)of this regulation the Corporation:—
shall, if they do not consider that the claimant is eligible for payment of retirement compensation assessed under this regulation, so notify him in writing;
shall, if they do consider that he is eligible, assess the retirement compensation to be paid and notify him in writing accordingly;
and any such notification shall for the purposes of these regulations be deemed to be a notification by the Corporation of a decision on a claim for compensation.
The Corporation may require any person who makes a claim for retirement compensation under paragraph (1)(a) of this regulation to submit himself to a medical examination by a registered medical practitioner selected by the Corporation, and, if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the Corporation shall take that report into consideration, together with the report of the medical practitioner selected by them when considering the claim.
If a person elects to receive compensation under this regulation, he shall so inform the Corporation in writing within one month from the receipt of a notification under paragraph (3) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon, and if he fails to do so he shall be deemed to have elected not to receive such compensation.
On a person electing to receive retirement compensation under this regulation in accordance with paragraph (5), such retirement compensation shall be payable as from the date on which the Corporation received notice in writing of the claim in accordance with paragraph (1) and if any compensation under these regulations has been paid in lieu of which by virtue of that paragraph retirement compensation under this regulation is payable, payments of such retirement compensation shall be withheld or reduced accordingly.
The computation of compensation under this regulation shall be subject to the following conditions:—
where the Corporation, by virtue of regulation 23 has taken into account a period of additional years, that period shall not include any additional years beyond the number of years which the person in question has served or could have served, had he not lost his employment, before the date on which the claim was received by the Corporation; and
if, by reason of any provision of the last relevant pension scheme for a minimum benefit, the amount of the pension which would have been payable under that scheme is in excess of that attributable to the person's actual service, no account shall be taken of any such period of additional years except to the extent (if any) by which it exceeds the number of years represented by the difference between his actual service and the period by reference to which the minimum benefit has been calculated; and
if the number of years of pensionable service taken into account in accordance with regulation 18 as applied by paragraph (2) of this regulation is less than the minimum number of years of qualifying service prescribed by the last relevant pension scheme, the annual sum and lump sum payable as retirement compensation under this regulation shall, notwithstanding any minimum benefit prescribed by the pension scheme, not exceed such proportion of such minimum benefit as the number of years of pensionable service so taken into account bears to that minimum number of years of qualifying service.