Regulation 20 Retirement compensation payable to a person who would have become entitled to a pension
Where a person to whom these Regulations apply and who has suffered loss of office before attaining what would have been the age of compulsory retirement—
becomes incapacitated in circumstances in which, if he had continued to serve as a member of a police force, he would have become entitled to retire with an ill-health pension under the Police Pensions Regulations, or
attains the age at which, had he continued to serve as a member of a police force, he would have been entitled to retire with an ordinary pension,
he shall be entitled on the happening of either event to claim—
in the case mentioned in head (a) of this paragraph, an annual sum equal to the amount of the ill-health pension which would have been payable under the Police Pensions Regulations calculated in accordance with Regulation 18(2), and
in the case mentioned in head (b) of this paragraph, an annual sum equal to the amount of the ordinary pension which would have been payable under the Police Pensions Regulations calculated in accordance with Regulation 18(2),
in both cases calculated by reference to his average pensionable pay immediately before he ceased to serve as a member of a police force, subject however to paragraph (6).
On receipt of a claim under paragraph (1) the compensating authority shall consider whether the claimant is a person to whom that paragraph applies, and within 13 weeks after the date of the receipt of the claim—
if they are satisfied that he is not such a person, they shall notify him in writing accordingly, or
if they are satisfied that he is such a person, they shall assess the amount of compensation payable to him and notify him in writing accordingly:
and notification as described in (a) or (b) above shall, for the purposes of these Regulations, be deemed to be a notification by the authority of a decision on a claim for compensation.
A compensating authority may require any person who makes a claim under paragraph (1)(a) to submit himself to a medical examination by a registered medical practitioner selected by that authority, and if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration together with the report of the medical practitioner selected by them.
If a person wishes to receive compensation under this Regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under paragraph (2) or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.
If the compensating authority so agree, in the case of a person who has not attained the age of 60 years but would have become entitled to retire with an ordinary pension, as aforesaid, if the police authority so decided, it shall be assumed for the purposes of this Regulation that they would have so decided.
In calculating the amount of any compensation under this Regulation, where the compensating authority, by virtue of Regulation 18(2), have credited the person with an additional period beyond the period which he could have served, had he not lost additional period beyond the period which he could have served, had he not lost his employment, before the date on which the claim was received by the compensating authority.