The Coroners (Compensation) Regulations 1965

PART V RETIREMENT COMPENSATION

Retirement compensation payable to pensionable officer on his becoming incapacitated

17.—(1) Where a pensionable officer to whom this Part of these Regulations applies, before attaining the age of sixty-five years, becomes incapacitated in circumstances in which if he had continued in the office he has lost he would have qualified for the grant of a pension under section 6 of the Act of 1926 he shall be entitled to claim in lieu of any compensation to which he would otherwise be entitled under these Regulations an annual sum equal to the amount of his accrued pension.

(2) On receipt of a claim under the last preceding paragraph, the compensating authority shall consider forthwith whether the claimant is a person to whom that paragraph applies, and within thirteen weeks after the date of the receipt of the claim—

(a) if they are satisfied that he is not such a person, they shall notify him in writing accordingly; and

(b) if they are satisfied that he is such a person, they shall assess the amount of compensation payable to the person, and notify him in writing accordingly,

and any such notification shall, for the purposes of these Regulations, be deemed to be a notification by the authority of a decision on a claim to compensation.

(3) If a claimant wishes to receive compensation under this Regulation, he shall so inform the compensating authority in writing within one month from the receipt of a notification under the last preceding paragraph or, where the claim has been the subject of an appeal, from the decision of the tribunal thereon; and the compensation shall be payable as from the date on which the compensating authority received the claim.

(4) A compensating authority may require any person who makes a claim under paragraph (1) of this Regulation to submit himself to a medical examination by a registered medical practitioner selected by that authority, and, if they do so, they shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the authority shall take that report into consideration, together with the report of the medical practitioner selected by them.

Option to take retirement compensation prematurely in certain cases

18.—(1) If a pensionable officer to whom this Part of these Regulations applies has suffered loss of office after attaining the age of fifty years and so requests the compensating authority by notice in writing, he shall be entitled as from the date on which the compensating authority receive such notice, in lieu of any compensation, other than resettlement compensation, to which he would otherwise be entitled under these Regulations, to an annual sum equal to the amount of his accrued pension:

Provided that where the officer has claimed long-term compensation the said notice shall be given not later than two years after the determination of the claim or, where the determination is reviewed under Regulation 24(3) of these Regulations, not later than two years after any such review.

(2) Regulation 17(2) of these Regulations shall apply in relation to a notice given under the last foregoing paragraph as it applies to a claim made under paragraph (1) of that Regulation.

(3) Where an annual sum is payable under this Regulation in respect of any period and resettlement compensation is also payable in respect of that period, the said annual sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation payable as aforesaid.

Retirement compensation for loss of emoluments payable to pensionable officer on attaining the age of sixty-five years

19.—(1) Subject to the provisions of these Regulations, when a pensionable officer to whom this Part of these Regulations applies attains the age of sixty-five years, the retirement compensation payable to him for loss of emoluments shall be an annual sum equal to the amount of his accrued pension.

(2) Compensation shall not be payable under this Regulation to a claimant who is entitled to compensation under Regulation 17 or 18 of these Regulations.

Retirement compensation for diminution of emoluments

20.  The provisions of Regulations 17 and 19 of these Regulations shall apply to a pensionable officer to whom this Part of these Regulations applies and who has suffered a diminution of his emoluments, but the sums payable to such an officer in the circumstances mentioned in these Regulations shall be sums which bear to the sums which would have been payable thereunder had the claim been in respect of loss of office the same ratio as the amount by which the claimant's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no compensation shall be payable if this ratio is less than 2½ per cent.

Compensation payable to non-pensionable officer on attaining the age of sixty-five years

21.—(1) In the case of an officer receiving long-term compensation for loss of office who is not a pensionable officer, the compensating authority may, on his attaining the age of sixty-five years, if they are satisfied that he would in the normal course have continued in the office he has lost for a substantial period beyond that age, determine that compensation shall continue to be paid to him for the remainder of his life at half its former rate.

(2) In the case of an officer who is not a pensionable officer or a person to whom a pension has been granted under section 6 of the Act of 1926 and who suffers loss of office on or after attaining the age of sixty-five years, the compensating authority may, if they are satisfied that he would in the normal course have continued in the office he has lost for a further substantial period, determine that compensation shall be paid to him for the remainder of his life at half the rate to which he would have been entitled under Regulation 14 of these Regulations had he not attained the age of sixty-five years at the date on which he lost his office.

Intervals for payment of compensation under Part V

22.  Retirement compensation and other compensation awarded as annual sums under this Part of these Regulations shall be payable at such intervals as may be agreed between the recipient and the compensating authority.