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The Local Government (Discretionary Payments) Regulations 1996

S.I. 1996/1680 · Made 24 June 1996

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 24th June 1996

Laid before Parliament 4th July 1996

Coming into force 25th July 1996

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 7, 12 and 24 of the Superannuation Act 1972f1, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1972 c. 11. Section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), s.10. Section 24 was amended by the Police Pensions Act 1976 (c. 35) s.13(1), Sch. 2 paragraph 10.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2General interpretation
  4. 3Application to Isles of Scilly
  5. Part II: INCREASE OF 1978 ACT REDUNDANCY PAYMENTS
  6. 4Power to increase 1978 Act redundancy payments above 1978 Act weekly pay limit
  7. Part III: COMPENSATION FOR PREMATURE RETIREMENT
  8. Interpretation
  9. 5Interpretation of Part III
  10. Eligibility to benefit under this Part
  11. 6Persons who are eligible to benefit: LGPS members and non-members with relevant disqualification
  12. 7Application of Part III to assumed members: “relevant disqualification”, “relevant assumptions” and “special service”
  13. Discretionary awards of lump sum and annual compensation to former employees
  14. 8Power to award credited period for compensation purposes
  15. 9Lump sum compensation
  16. 10Annual compensation: general provisions
  17. Adjustments to compensation: other receipts
  18. 11Limit on annual compensation where entitlement to occupational pension
  19. 12Redundancy payments
  20. 13Other termination payments
  21. 14Periodic payments
  22. Adjustments to compensation: new employment
  23. 15New employment
  24. 16Reduction of annual compensation during new employment
  25. 17Cessation of new employment
  26. 18Reduction of annual compensation on cessation of new employment
  27. Surrenders
  28. 19Allocation of part of annual compensation
  29. Awards to surviving spouses
  30. 20Entitlement to surviving spouse’s short-term and long-term compensation
  31. 21Amount of surviving spouse’s short-term and long-term compensation
  32. Awards to surviving children
  33. 22Entitlement to children’s short-term compensation
  34. 23Amount of children’s short-term compensation
  35. 24Entitlement to children’s long-term compensation
  36. 25Amount of children’s long-term compensation
  37. 26Payment of children’s compensation
  38. Miscellaneous and supplemental
  39. 27Notification of compensation
  40. 28Information
  41. 29Payment of compensation
  42. 30Interest on sums due under Part III
  43. 31Paying authority
  44. Part IV: OTHER COMPENSATION FOR REDUNDANCY
  45. 32Compensation for redundancy where Part III does not apply
  46. Part V: INJURY ALLOWANCES ETC.
  47. 33Interpretation of Part V
  48. 34Loss of employment through permanent incapacity
  49. 35Reduction in remuneration
  50. 36Allowances for pensioners
  51. 37Death benefits
  52. 38Considerations in determining amount of benefits
  53. Part VI: GRATUITIES AS RESPECTS NON-PENSIONABLE SERVICE
  54. 39Meaning of “service”in Part VI
  55. 40Death in service gratuities
  56. 41Retirement gratuities
  57. 42Redundancy gratuities
  58. 43Schemes in connection with the exercise of powers
  59. Part VII: MISCELLANEOUS AND SUPPLEMENTARY
  60. Modification for special cases
  61. 44Special provisions for special categories of employees
  62. Decisions and appeals
  63. 45Decisions and appeals
  64. Supplemental
  65. 46Finance
  66. 47Transitional provisions
  67. 48Consequential amendments
  68. 49Revocations
  69. Signature
  70. Schedule 1APPROPRIATE PERCENTAGE FOR ADJUSTMENT OF ANNUAL COMPEN SATION FOR REDUNDANCY PAYMENTS
  71. Schedule 2: MODIFICATIONS FOR SPECIAL CATEGORIES OF EMPLOYEES
  72. Part I: FORMER HARBOUR AUTHORITY EMPLOYEES
  73. 1Paragraph 1
  74. Part II: PERSONS EMPLOYED IN EDUCATIONAL ESTABLISHMENTS
  75. “Educational employment”
  76. 2Paragraph 2
  77. General exclusions
  78. 3Paragraph 3
  79. Part II: aided schools
  80. 4Paragraph 4
  81. Part III: former educational employment
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. Part VI
  86. 8Paragraph 8
  87. Part III: MAGISTRATES' COURTS AND PROBATION COMMITTEES
  88. 9Paragraph 9
  89. Schedule 3: TRANSITIONAL PROVISIONS AND SAVINGS
  90. General
  91. 1Paragraph 1
  92. Part II
  93. 2Paragraph 2
  94. Part III
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. Part IV
  103. 10Paragraph 10
  104. Part V
  105. 11Paragraph 11
  106. Schedule 4: CONSEQUENTIAL AMENDMENTS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. Schedule 5SUBORDINATE LEGISLATION REVOKED
  115. Explanatory note