Regulation 3 Compensation where redundancy is certified
This regulation applies to a person who becomes entitled to a retirement pension under regulation E2(1)(b)(iii) of the Superannuation regulations by virtue of the competent authority's certifying under regulation E2(3)(a) of those regulations that he has ceased to hold his employment by reason of redundancy.
Subject to paragraph (3), where this regulation applies the like compensation is payable as would have been payable under the 1982 regulations and Part II of the 1984 regulations if they had applied (in the case of the former, with the modifications set out in Part I of the Schedule to these regulations) and—
the person had been an eligible person within the meaning of the 1982 regulations, and
he had been required—
unless he elects to be credited with a shorter period, to be credited with the maximum period of additional service under regulation 5 of the 1982 regulations, and
if he is entitled to a redundancy payment, to be paid the maximum compensation under Part II of the 1984 regulations.
In the case of a woman who would have been entitled to a redundancy payment but for section 82(1)(b) of the 1978 Act (attainment of the age of 60), paragraph (2)(b)(ii) does not apply and she is instead entitled to compensation equal to the redundancy payment to which she would have been entitled if in the 1978 Act—
for section 82(1)(a) and (b) there had been substituted the words “has attained the age of sixty-five.”,
in paragraph 4(2) of Schedule 4, for the words from “, in relation to a man” to “her birth” there had been substituted the words “means the sixty-fourth anniversary of the day of the employee's birth”, and
paragraph 8(1)(c) of Schedule 14 had been repealed.
In this regulation “the competent authority” means the body which is for the time being competent to certify as mentioned in paragraph (1).