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The Police (Compensation) Regulations 1974

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Additional factors governing payment of retirement compensation

18.—(1) Where retirement compensation is payable under any one of Regulations 19, 20 and 21, compensation shall not be payable under any other of these Regulations.

(2) If a person has attained the age of 40 years at the date on which he lost office as a member of a police force or suffered a diminution of his emoluments, the compensating authority, in calculating the amount of the retirement compensation payable to him, shall credit him with an additional period of service on the following basis, namely—

(a)2 years, whether or not he has completed any years of service after attaining the age of 40 years,

(b)2 years for each of the first 4 completed years of his reckonable service between the date when he attained the age of 40 years and the date of the loss or diminution, and

(c)1 year for each year of that reckonable service after the fourth,

but the additional period so credited shall not exceed the shortest of the following periods, namely—

(i)the number of years that, when added to his pensionable service, would amount to the maximum period of service which would have been reckonable by him had he continued to serve as a member of a police force until attaining the age of compulsory retirement, or

(ii)the period of his reckonable service, or

(iii)15 years;

and in calculating the amount of any retirement compensation payable to him he shall be regarded as having served as a member of a police force, before 1st April 1972, for the additional period so credited and, for the purpose of determining the reduction (if any) falling to be made in that pension beyond the age of 65 years or, in the case of a woman, 60 years, if he had paid pension contributions as a regular policeman, in respect of that period at a rate related to 6p a week less than the appropriate percentage of his pensionable pay.

In this paragraph the expression “reckonable service” includes any period of service or employment which has been taken into account for the purposes of any award under the Police Pensions Regulations to which the person concerned has become entitled.

(3) The benefit in respect of the additional period described in paragraph (2) shall be calculated at the same rate as is applicable for the day immediately preceding the loss or diminution.

(4) When retirement compensation is awarded, or when an award is reviewed under Regulation 30, the additional compensation payable in consequence of any period credited to a person under paragraph (2) may be reduced or withheld to the extent that the compensating authority may think reasonable having regard to the pension scheme (if any) associated with any further employment obtained by him.

(5) The provisions of the Police Pensions Regulations relating to the allocation of a pension, that is to say to the surrender by a regular policeman of a portion of his pension in favour of his wife or such other person as is substantially dependent on him, shall, subject to any necessary modifications have effect in relation to any retirement compensation as they have effect in relation to an ordinary or ill-health pension under the Police Pensions Regulations; and without prejudice to the generality of the preceding provisions of this paragraph—

(a)where before the date of the loss or diminution a member of a police force has, under the Police Pensions Regulations, allocated an ordinary pension and the allocation has taken effect, the said provisions shall apply as if the retirement compensation were an ordinary pension; and

(b)the said provisions shall apply as if any reference to the police authority included a reference to the compensating authority and as if any reference to retirement included a reference to a person becoming entitled to retirement compensation.

(6) In calculating for the purpose of Regulation 19 or 20 the amount of a pension under the Police Pensions Regulations, no account shall be taken of any reduction falling to be made in that pension by reason of the provisions of any Act relating to National Insurance until the person concerned reaches the age at which under the Police Pensions Regulations the pension would have been so reduced.

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