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The Justices of the Peace Act, 1949 (Compensation) Regulations 1954

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19.—(1) A whole-time or part-time pensionable officer whose accrued pension includes the annual value of any contingent right under the pension scheme to which he was last subject before suffering loss of office in respect of a death grant, may, if he so desires and informs the determining authority in writing within one month after attaining normal retiring age, agree to surrender so much of the annual sum payable to him as compensation under paragraph 13 of this Schedule as represents the annual value of any such contingent right in consideration of the paying authority granting to his legal personal representatives a sum equal to the amount of any death grant which would have become payable to them in accordance with the method of calculation prescribed by the pension scheme had he died immediately before suffering the loss of office and completed the minimum number of years of qualifying service or contributions required by the pension scheme less a sum equal to the aggregate amount of any payments made to him under paragraph 13 of this Schedule.

(2) If the amount of any death grant falls to be ascertained by reference to the officer's years of service or contributions, the years of service or contributions shall be deemed to include any additional years of service or contributions credited to the officer under paragraph 16 of this Schedule:

Provided that no account shall be taken of any number of such additional years of service or contributions beyond those which the officer could have served before his death had he not suffered loss of office.

(3) If the number of years of the officer's qualifying service or contributions is less than the minimum number of years of qualifying service or contributions prescribed by the pension scheme for the receipt of a death grant, the said sum shall not exceed such proportion of the death grant calculated as aforesaid as the number of years of the claimant's qualifying service or contributions bears to the minimum number of years of qualifying service or contributions required by the pension scheme.

(4) For the purpose of calculating the said death grant an annual sum payable under paragraph 18 of this Schedule shall be deemed to be a widow's pension.

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