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

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21.—(1) Compensation shall not be payable, or shall cease to be payable, under this Part of this Schedule to a whole-time or part-time pensionable officer who has received any sum by way of a return of contributions under the pension scheme to which he was last subject before suffering loss of office unless he pays to the paying authority an amount equivalent to the said sum.

(2) The amount referred to in sub-paragraph (1) of this paragraph shall be held by the paying authority subject to the condition that if no death grant is payable under paragraph 19 of this Schedule and the officer dies before he has received in the aggregate by way of compensation under this Part of this Schedule a sum equal to the amount so paid to the paying authority, together with compound interest thereon calculated at the rate of three per cent. per annum with half yearly rests up to the date of his death as from the first day of April or the first day of October following the half year in which the amount was paid, there shall be paid to his legal personal representatives the difference between the aggregate amount received by way of compensation and the said sum:

Provided that—

(i)this paragraph shall not apply to an officer in whose case paragraph 14 of this Schedule applies and, in the event of an officer becoming such a person after having made a payment under this paragraph, the amount of the sum so paid shall be returned to him by the paying authority;

(ii)if an annual sum becomes payable to the widow of such an officer under paragraph 18 of this Schedule and on the sum ceasing to be payable the aggregate amount of the payments which had been made to her or to her husband under this Part of this Schedule was less than the aggregate amount of the sum paid to the paying authority by the husband on account of contributions and the total of the compound interest thereon as aforesaid, the difference between the said aggregate amounts shall be paid to her or to her legal personal representatives and not to her husband's legal personal representatives.

(3) A whole-time or part-time pensionable officer shall, on or before the date on which compensation may become payable to him under this Part of this Schedule, be entitled, if he so desires and informs the determining authority in writing accordingly, to receive from the paying authority in lieu of any such compensation—

(a) if he has paid any sum to the paying authority under sub-paragraph (1) of this paragraph, an amount equivalent thereto, together with interest thereon calculated in the manner provided by the pension scheme as from the date of payment of the said sum; and

(b) if he has not received a return of contributions under the pension scheme to which he was last subject before suffering loss of office and if, being entitled to such a return, he has relinquished that right, an amount equivalent to the amount of such contributions, together with interest thereon calculated in the manner provided by the pension scheme,

and any liability of the paying authority under paragraph 18 or 19 of this Schedule shall cease in the event of his giving such notice as aforesaid.

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