C1Part V Payments to make up Civil Remuneration

Annotations:
Modifications etc. (not altering text)
C1

Part V (ss. 46–53) extended by New Towns Act 1981 (c.64), s. 35(3)

46General provisions as to payments to make up civil remuneration.

1

Where a person occupied in any capacity specified in the first column of Part I or Part II of the Second Schedule to this Act ceases to be so occupied in order to perform relevant service to which this Part of this Act applies, there may, subject to the provisions of this Part of this Act, be made to or in respect of him such payments as are hereafter in this section provided.

2

While any such person is performing relevant service to which this Part of this Act applies, there may be paid to him, or to or for the benefit of his F5spouse or civil partner or other dependants nominated by him, a sum which shall not exceed the remuneration which he would have received if he had continued to be occupied in the said capacity, after deducting therefrom the amount of his service pay:

Provided that, in applying this subsection in the case of a person occupied in several capacities specified as aforesaid, account shall be taken, in relation to any one of those capacities, of the appropriate proportion only of his service pay, and not of the whole.

3

In the event of the death of any such person while performing relevant service to which this Part of this Act applies, then, unless that person leaves—

F6a

a F7surviving spouse entitled to a surviving spouse’s pension by virtue of—

F1i

regulations made under section 7 or 10 of the M1Superannuation Act 1972; or

ii

any local Act scheme; or

iii

the F4Fire and Rescue Services Act 2004; or

iv

F2the M2Police Pensions Act 1976; F8or

F9b

a surviving civil partner entitled to a surviving civil partner’s pension by virtue of any of those provisions,

there may, during a period not exceeding twenty-six weeks from the date of the death, be paid to or for the benefit of F10that person’s surviving spouse, surviving civil partner or other dependants such sum as might have been paid to him under the last foregoing subsection if he had been performing such service during that period.

F34

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