The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2003

Persons eligible for discretionary awards

6.—(1) A person is an eligible person for this Part if he satisfies the requirements in paragraph (2).

(2) The requirements are that, on the termination date of his employment by an employing authority –

(a) he is not entitled to have his case considered for long-term compensation or retirement compensation under section 137 (compensation of officers) of the 1972 Act or under any statutory provision to similar effect;

(b) that his total membership is not to be increased under regulation 54 of the Pension Regulations (power of employing authority to increase total membership of members leaving employment at or after 50) because of the terminated employment;

(c) that he is not to receive compensation for the terminated employment under regulation 5;

(d) he is at least 50, but under 65;

(e) the total of –

(i) his total membership(1),

(ii) any periods of superannuable membership(2), and

(iii) any increase in membership under regulation 11 of the Transitional Regulations,

is 5 years or more; and

(f) his total membership is not more than 40 years; or

(g) if he is an assumed member, his total membership –

(i) amounts in total to at least 5 years; and

(ii) does not in total exceed 40 years.

(1)

See regulation 8(2) of the Pension Regulations

(2)

See regulation 9 of the Pension Regulations