Regulation 4 Calculation of compensation where superannuation benefit is payable

In paragraph (e) of regulation 14(1) (which sets out the factors to be considered in determining payment of long-term and retirement compensation) for the words “is immediately entitled” there shall be substituted the words “has become entitled (whether immediately or prospectively on attaining some greater age)”.

For paragraph (4) of regulation 15 (which relates to the amount of long-term compensation) there shall be substituted the following paragraph—

“(4)

Where a person has become entitled (whether immediately or prospectively on attaining some greater age) to a superannuation benefit by way of annual amounts under a pension scheme associated with the employment which he has lost, the maximum annual sum referred to in paragraph (1) of this regulation shall be the maximum sum calculated under paragraph (2) of this regulation as if he had not become so entitled, but for any period during which the superannuation benefit is payable, the said sum shall be reduced by the amount of the benefit.”.

For regulation 28 (which provides for the calculation of compensation where superannuation benefit is payable) there shall be substituted the following regulation—

“28

Where an officer to whom this part of these regulations applies, or his widow, child or other dependant or personal representative has become entitled (whether immediately or prospectively on attaining some greater age) to any superannuation benefit under a pension scheme associated with the employment which the officer has lost, the retirement compensation payable to the officer for any period during which the superannuation benefit is payable, or the compensation payable in respect of the officer under regulations 24, 25 and 26 of these regulations shall be calculated in the first place as if the said superannuation benefit had not been payable, but—

(a)

compensation by way of annual amounts shall be reduced by the annual amount of any such superannuation benefit as is payable periodically; and

(b)

compensation payable as a lump sum shall be reduced by the amount of any such superannuation benefit payable as a lump sum.”.