Regulation 29 Reduction of compensation in certain cases
If under a person's last relevant pension scheme any benefit for which the scheme provided would have been subject to reduction or suspension on his taking up other specified employment, any retirement compensation to which he is entitled for loss or diminution of pension rights shall, where such employment is taken up, be reduced or suspended in the like manner and to the like extent:
Provided that in calculating the amount of the reduction there shall be aggregated with the emoluments of the employment taken up the amount of any pension benefit by way of annual amounts payable under the last relevant pension scheme.
There shall be deducted from the retirement compensation payable to any person any additional voluntary contributions remaining unpaid at the date when he suffered loss of employment; and any such payments not recovered at the date of his death shall be deducted from any balance payable under regulation 26.
Where a person is entitled to any compensation under these regulations and the circumstances are such that he is eligible to receive one or more of the following payments—
a redundancy payment under the Redundancy Payments Act 1965 ;
any payment to compensate for the loss of his employment made under a contract or arrangement with the Iron and Steel Board or the publicly-owned company by which he was employed or the Corporation, or in satisfaction of damages or compensation (otherwise than by virtue of these regulations) awarded or claimed against the Board, the company or the Corporation;
any payment under or by virtue of the provisions of any enactment relating to the reinstatement in civil employment of persons who have been in the service of the Crown,
the compensation payable to the person, whether by instalments or lump sum or both, shall in the aggregate be reduced by the amount of the payments referred to in this paragraph.
Where any resettlement or long-term compensation is payable under these regulations to any person who is also entitled to a pension benefit under the last relevant pension scheme any instalment of such compensation which is payable in respect of any period shall be reduced by the amount of the instalment of such pension benefit which is payable in respect of the same period.
For the purposes of paragraph (4) no account shall be taken of any sum payable in consequence of the surrender by any person of part of his pension benefit under any provision in that behalf in his last relevant pension scheme with a view to obtaining or increasing allowances for his spouse or any dependant; and he shall be deemed to have received during any period the amount of pension benefit which he would have received but for any such surrender.
Subject to the following provisions of this regulation, where in any week a person is entitled to long-term compensation and is also entitled to unemployment, sickness or injury benefit under any Act relating to National Insurance, other than a benefit claimable by him in respect of a dependant, there shall be deducted from the long-term compensation payable for that week a sum equal to the amount by which the aggregate of such National Insurance benefit claimable in respect of that week and the weekly rate at which the long-term compensation would be payable but for this regulation exceeds two-thirds of the weekly rate of the net annual emoluments of the employment which he has lost or in which the emoluments have been diminished.
Paragraph (6) shall not apply in relation to any such sickness or injury benefit in so far as an equivalent sum is deducted from the emoluments of his current employment and such deduction from those emoluments has not occasioned an increase in his long-term compensation.
In paragraph (6) the expression “weekly rate” means seven three hundred and sixty-fifths of the relevant annual rate.