# The Local Government (Compensation for Redundancy) Regulations 1994, Regulation 9: Discretionary compensation for certain persons


(1) This regulation applies to a person to whom this Part applies and who—
(a) ceases employment on or after the attainment of age 50; and
(b) is entitled to count reckonable service and qualifying service amounting in aggregate to 2 or more but less than 5 years.
(2) The compensation which may be payable under regulation 7(b) shall, at the discretion of the relevant body, be—
(a) a sum calculated in accordance with paragraphs (3) and (4); or
(b) the relevant compensation referred to in paragraph (5).
(3) The compensation shall not exceed the lesser of—
(a) a sum equivalent to 45 weeks' remuneration; or
(b) the relevant aggregate sum referred to in paragraph (4).
(4) The relevant aggregate sum shall be—
(a) a sum equivalent to one and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18;
(b) a sum equivalent to two and one half weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41; and
(c) a sum equivalent to one half week’s remuneration.
(5) For the purposes of paragraph (2)(b) the relevant compensation is such sum which when aggregated to the compensation payable under paragraph (2)(a) shall not exceed the relevant maximum.
(6) For the purposes of paragraph (5), the relevant maximum means the lesser of—
(a) a sum equivalent to 66 weeks' remuneration; or
(b) the aggregate of—
(i) a sum equivalent to 2 weeks' remuneration for each complete year of reckonable service on or after the attainment of age 18; and
(ii) a sum equivalent to 3 weeks' remuneration for each complete year of reckonable service on or after the attainment of age 41.
(7) No payment shall be made to a person under this regulation unless—
(a) the person gives written consent to such payment after receipt of the written notification referred to in regulation 15; and
(b) the person waives in writing his right to the immediate payment of benefits under regulation E2(1)(b)(iii) and (4) of the Superannuation Regulations.

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Source: https://www.legislation.gov.uk/uksi/1994/3025/regulation/9 (the official version)
Page: https://openlegislation.uk/local-government-compensation-for-redundancy-regulations-1994/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

