The Redundant Association Officers Compensation Regulations 1967

Interpretation

2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“Association” means an Association established for the purposes of the Auxiliary Forces Act 1953;

“annual emoluments” means the annual rate of fixed salary or wages excluding commissions, bonuses, allowances for overtime and other fluctuating emoluments;

“net annual emoluments” means—

(a)

in relation to employment as an officer of an Association which has been lost or the emoluments of which have been diminished, the annual rate of the emoluments of that employment immediately before such loss or the commencement of such diminution less such part of those emoluments as the officer was then liable to contribute under the relevant pension scheme, and

(b)

in relation to any other employment, the annual rate of the emoluments of that employment at the time in question, less such part of those emoluments as the employed person was then liable to contribute under any pension scheme associated with his employment;

“long term compensation” has the meaning assigned to it by regulation 12;

“national service” means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and includes service immediately following such service as aforesaid, being service in any of Her Majesty's naval, military or air forces pursuant to a voluntary engagement entered into with the consent of the employer;

“normal retiring age” means the age of sixty-five years;

“officer of an Association” means any person in the employment of an Association and does not include the president, vice-president and members of an Association;

“pensionable officer” means an officer of an Association entitled to participate in the benefits of a relevant pension scheme;

“pension scheme” means a scheme, arrangement, contract or regulation providing for the payment of superannuation benefits to a person as part of the terms and conditions of any employment held by him; but does not include regulations providing for payment of gratuities on termination of employment unless such regulations are made for the purposes of a contributory pension scheme;

“qualifying date” means, in relation to a person who has suffered loss of employment or diminution in emoluments as an officer of an Association—

(a)

if on the coming into force of these regulations he was employed on the civilian staff of a unit of or headquarters of a formation of the Territorial Army, the 31st March 1967,

(b)

if on the coming into force of these regulations he was otherwise employed, the 31st March 1968,

unless he suffered the loss of employment or began to suffer the diminution in emoluments before the date which would otherwise be the qualifying date in relation to him, when “qualifying date” means the date of the loss or commencement of the diminution as the case may be;

“reckonable service” means any period of whole-time or part-time employment in relevant employment which is not (unless these regulations otherwise provide) a period in respect of which superannuation benefits have been paid otherwise than under the relevant pension scheme;

“relevant cause” in relation to a loss of employment or diminution in emoluments as an officer of an Association means—

(a)

a change in the activities of an Association or a proposal to change its activities consequent upon the reconstitution of the Territorial Army in 1967, or

(b)

a change in the activities of an Association taking place or a proposal to change its activities made in the years 1966, 1967, 1968 or 1969, by reason of powers and duties previously transferred or assigned to it under section 6 of the Auxiliary Forces Act 1953 no longer being so assigned or transferred, or

(c)

a winding-up of an Association taking place or a proposal to wind up an Association made during the years 1966, 1967, 1968 or 1969,

or any combination of those causes;

“relevant employment” means—

(a)

employment as an officer of an Association,

(b)

employment preceding employment as an officer of an Association which is reckonable for the purposes of the relevant pension scheme or of regulations providing for payment of gratuities on termination of employment as such an officer, or in respect of which a contribution has been made to the relevant pension scheme, or

(c)

other employment approved by the Secretary of State as being relevant employment in the case of a particular officer;

“relevant pension scheme” means in relation to a person who has lost his employment or suffered a diminution in emoluments as an officer of an Association the pension scheme applying to him as such an officer immediately before the loss or the commencement of the diminution;

“resettlement compensation” has the meaning assigned to it by regulation 7;

“retirement compensation” has the meaning assigned to it by regulation 17;

“superannuation benefit” means any payment, whether by way of pension or periodic payment or otherwise, payable to a person by reason of his employment terminating, whether under a superannuation scheme, under the conditions of his employment or under any statutory provision or prerogative instrument relating to service under the Crown, not being a payment made by virtue of these regulations.

(2) Where under any provision of these regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with tables for the time being approved by the Secretary of State for the purposes of these regulations.

(3) The Interpretation Act 1889 shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.