Regulation 5 Crediting of additional period of service
For the purpose of calculating the amount of the annual compensation and the amount of the lump sum compensation payable under regulation 4 there shall be credited to the entitled officer who becomes entitled to a pension under the superannuation regulations on any date from 29th October 1976 to 3rd November 1980 an additional period of service calculated as follows—
if his reckonable service does not exceed 10 years, either a period equal to such service or a period by which such service would have been increased if the entitled officer had continued to be employed until he had attained the age of 65 years, whichever is the shorter;
if his reckonable service exceeds 10 years, a period equal to whichever is the longer of the following—
the period by which such service is less than 20 years or the period by which such service would have been increased if the entitled officer had continued to be employed until he had attained the age of 65 years, whichever is the shorter; or
6 years and 243 days or the period by which such service would have been increased if the entitled officer had continued to be employed until he had attained the age of 60 years, whichever is the shorter.
For the purpose of calculating the amount of the annual compensation and the amount of the lump sum compensation payable under regulation 4 there shall be credited to the entitled officer who becomes entitled to a pension under the superannuation regulations on or after 4th November 1980 an additional period of service calculated as follows—
where the entitled officer's reckonable service together with any relevant optant service is not less than 5 years and not more than 10 years there shall be credited to him an additional period of service equal to the aggregate of his reckonable service and his relevant optant service;
where the entitled officer's reckonable service together with any relevant optant service is 10 years or more there shall be credited to him an additional period of 10 years:
Provided that the total of an entitled officer's reckonable service and any additional period of service credited to him shall not exceed 40 years or the amount of service which he would have been able to reckon had he remained in employment until retirement age, whichever period is less.
For the purposes of paragraph (2) above—
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“relevant optant service” means—
- (a)
service in which the entitled officer was subject to regulation 48 of the superannuation regulations and which terminated within 12 months immediately before the beginning of his reckonable service, and
- (b)
any local authority service in which he was, immediately before becoming an officer in the circumstances referred to in regulation 2(2) of the superannuation regulations, subject to such a scheme as is referred to in regulation 48 of the superannuation regulations;
- (a)
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“retirement age” means the age at which, under any written condition of employment, an employee may be required to retire, or if there is no such condition, age 65.
Notwithstanding the provisions of paragraph (2) where the reckonable service of such an officer as is referred to in that paragraph includes service in the employment of an employing authority before 4th November 1980 the additional period of service credited to him for the purpose of calculating the amount of the annual compensation and the amount of the lump sum compensation payable under regulation 4 shall be calculated as if paragraph (1) applied to him if the additional period of service to be credited to him in accordance with paragraph (1) would be greater than a period calculated in accordance with paragraph (2).
In determining the period by which the reckonable service would have been increased if the officer had continued to be employed no account shall be taken of any provision in the superannuation regulations for reckoning any period of service at more than its actual length.
Where an entitled officer has received a redundancy payment under the Employment Protection (Consolidation) Act 1978 or a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain in respect of the cessation of his employment referred to in regulation 3(1), and that payment has not been reduced to take account of any additional period of service the entitled officer may have been credited with, notwithstanding paragraphs (1) and (2), any additional period of service shall not exceed 6 years and 243 days.
Subject to sub-paragraph (b) of this paragraph, the compensation in respect of the additional period of service of an entitled officer shall be calculated at the same rates as those which apply to the calculation of his pension and, if he is entitled to receive a retiring allowance, that allowance under the superannuation regulations or which would have been payable but for his superannuation benefits having been transferred to another scheme by means of a transfer payment made under regulation 80 (rights on transfer to other employment) of the superannuation regulations.
Where regulation 55 of the superannuation regulations (modification in relation to mental health officer) or any corresponding provision of any other scheme to which the entitled officer is subject under regulation 44 of those regulations (benefits of certain officers who have opted to retain certain rights) applies to an entitled officer, the compensation in respect of his additional period of service shall be calculated as if that regulation or corresponding provision did not apply to him.
Subject to sub-paragraph (b) of this paragraph and paragraph (9), where an entitled officer is in receipt of any payment specified in paragraph (10) there shall be deducted from the additional period of service which, but for this paragraph would have been reckonable by virtue of paragraphs (1) to (7), any additional years or deemed added years which were taken into account for the purposes of the calculation of that payment.
Where there are differences in the amount of remuneration, the whole-time or part-time nature, or other terms and conditions of the employment of an entitled officer to which regulation 3(1) relates and those of any employment to which any payment specified in paragraph (10) relates, and by reason of those differences the deductions in accordance with sub-paragraph (a) of this paragraph of additional years or deemed added years from the additional period of service of that officer would be disproportionately large, the Secretary of State may direct either that no such deduction should be made or that a smaller number of years should be deducted from that officer's additional period of service.
For the purposes of paragraph (8)—
“additional years” means the number of years (including where the payment referred to in sub-paragraph (a) of paragraph (10) is relevant, the additional period of service by reference to which that annual allowance was calculated) which had the corresponding effect on the calculation of any payment specified in paragraph (10) that the additional period of service has on the annual allowance in accordance with these regulations;
any additional years or deemed added years shall not be taken into account if such additional years or deemed added years have been taken into account in accordance with any provision of any of the regulations or a scheme referred to in paragraph (10) for the purpose of reducing any payment specified in that paragraph;
where a payment specified in paragraph (10) has been enhanced by a sum, being a fraction of the annual rate of remuneration, calculated in sixtieths, each one sixtieth shall be deemed to be an added year for the purposes of this paragraph and paragraph (8), and the expression “deemed added years” shall be construed accordingly;
the additional period of service shall be deemed to commence on the material date;
the additional years or deemed added years shall be deemed to commence on the day after the happening of the event in respect of which the payment specified in paragraph (10) became payable;
any additional years or deemed added years which relate to a period before the material date shall not be taken into account.
The payments referred to in paragraph (8) are—
an annual allowance payable under these regulations;
any annual compensation payable immediately or prospectively under the 1974 regulations, the corresponding provisions in force in Scotland, Northern Ireland or the Isle of Man, the local government compensation regulations or any other regulations made under section 24 of the Superannuation Act 1972;
any annual compensation payable under a scheme made under section 1 of the Superannuation Act 1972;
any annual benefit payable under the early retirement regulations; or
any other payment provided for by regulations which have like effect to the regulations referred to in sub-paragraphs (a), (b) or (d).
Where, by virtue of regulation 56 of the superannuation regulations (modification in connection with the National Insurance Act 1946) or the corresponding provisions which apply to persons subject to regulation 44 of the superannuation regulations (benefits of certain officers who have opted to retain certain rights), the pension or retiring allowance is reduced in respect of each year of reckonable service, the compensation in respect of the additional period of service shall be reduced accordingly.
Where, under regulation 12 of, and Schedule 1 to, the superannuation regulations (allocation of part of pension) an entitled officer may surrender part of his pension in favour of his spouse or any other dependant, he may surrender part of the annual allowance which is payable to him under these regulations after any reduction under regulation 8(1) on the like terms and conditions and in consideration of the like payments by the Secretary of State as if the said annual allowance were a pension to which he had become entitled under the superannuation regulations.
If the amount of any benefit to which an entitled officer is or may become entitled under the superannuation regulations is or may be supplemented under regulation 49 or 50 of the superannuation regulations (special payments in respect of certain officers) at the discretion of the Secretary of State, he may in like manner make such payments to such extent as he considers appropriate in addition to any compensation payable to the entitled officer under these regulations.