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The Probation (Compensation) Regulations 1965

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Compensation payable to a personal representative on the death of a claimant

25.—(1) If the personal representative of the officer might have become entitled to a death grant under the pension scheme to which the officer was last subject before losing his employment had such loss not occurred, they shall be entitled to receive a sum calculated in accordance with the provisions of the next succeeding paragraph, and paragraph (4) of the last preceding Regulation.

(2) The amount of such sum shall be ascertained in accordance with the method of calculation prescribed by the pension scheme for the ascertainment of death grant as if the officer had died immediately before losing his employment, subject to the following modifications—

(a)except where the officer had been in receipt of retirement compensation under Regulation 19 of these Regulations, account shall be taken of any additional years of service or period of contribution credited to the officer under Regulation 23(2) of these Regulations—

(i)in the case of an officer who had been in receipt of retirement compensation under Regulation 18 of these Regulations, to the extent of the period between the loss of employment and the date of the claim made under that Regulation, and

(ii)in any other case, to the extent of the period between the loss of employment and the officer's death;

(b)if the number of years of the officer's service or period of contribution is less than the minimum number of years of qualifying service or period 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 period of contribution bears to the minimum number of years of qualifying service or period required by the pension scheme; and

(c)there shall be deducted from such sum the amount of any retirement compensation paid to the officer under Regulation 18, 19 or 20 of these Regulations, or where any part of the compensation has been surrendered under Regulation 23(5) of these Regulations, the amount which would have been so paid but for any such surrender.

(3) For the purpose of calculating such death grant an annual sum payable to or for the benefit of a widow, child or other dependant under the last preceding Regulation shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be.

(4) This Regulation shall apply in the case of an officer who has suffered a diminution of emoluments with the substitution of references to diminution of emoluments for references to loss of employment, but the sum payable to the personal representatives of such an officer shall be a sum which bears to the sum which would have been payable under paragraph (1) of this Regulation had the claim been in respect of loss of employment the same ratio as the amount by which the officer's net emoluments have been diminished (calculated as an annual rate) bears to the amount of his net emoluments:

Provided that no sum shall be payable to a personal representative under this paragraph if this ratio is less than 2½ per cent.

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