The Harbour Reorganisation (Compensation to Employees) Regulations 1967

Amount of long-term compensation payable for loss of emoluments

15.—(1) In the case of a person to whom this Part of these regulations applies, long-term compensation for loss of emoluments shall, subject to the provisions of these regulations, be payable until normal retiring age or death, whichever first occurs, and shall not exceed a maximum annual sum calculated in accordance with the provisions of paragraphs (2), (3) and (4) of this regulation.

(2) The said maximum annual sum shall, subject as hereinafter provided, be the aggregate of the following sums, namely—

(a) for every year of the claimant's reckonable service, one sixtieth of the net emoluments he has lost; and

(b) in the case of a claimant who has attained the age of 40 years at the date of the loss, a sum calculated in accordance with the provisions of paragraph (3) of this regulation appropriate to his age at that date:

Provided that the said maximum annual sum shall in no case exceed two thirds of the net emoluments which the claimant has lost.

(3) The sum referred to in sub-paragraph (b) of the last foregoing paragraph shall be—

(a) in the case of a claimant who has attained the age of 40 years but has not attained the age of 50 years at the date of the loss, the following fraction of the net emoluments he has lost—

(i) where the claimant's reckonable service is less than 10 years, one sixtieth for each year of such service after attaining the age of 40 years; or

(ii) where the claimant's reckonable service amounts to 10 years but is less than 15 years, one sixtieth for each year of such service after attaining the age of 40 years and one additional sixtieth; or

(iii) where the claimant's reckonable service amounts to 15 years but is less than 20 years, one sixtieth for each year of such service after attaining the age of 40 years and 2 additional sixtieths; or

(iv) where the claimant's reckonable service amounts to 20 years or more, one sixtieth for each year of such service after attaining the age of 40 years and 3 additional sixtieths;

but the sum so calculated shall not in any case exceed one sixth of the said net emoluments;

(b) in the case of a claimant who has attained the age of 50 years but has not attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of 40 years, up to a maximum of 15 such years; and

(c) in the case of a claimant who has attained the age of 60 years at the date of the loss, one sixtieth of the said net emoluments for each year of the claimant's reckonable service after attaining the age of 45 years.

(4) Where a person has become entitled to a superannuation benefit by way of annual amounts under a pension scheme associated with the employment which he has lost, the maximum annual sum referred to in paragraph (1) of this regulation shall be the maximum sum calculated under paragraph (2) of this regulation as if the superannuation benefit had not been payable, less the amount of the benefit.

(5) Where a sum is payable under this regulation in respect of any period and resettlement compensation has also been paid in respect of that period, the said sum shall be limited to the amount (if any) by which it exceeds the resettlement compensation paid as aforesaid.

(6) Compensation awarded under this regulation shall be payable at intervals equivalent to those at which the emoluments of the claimant's employment were previously paid or at such intervals as may be agreed between him and the compensating authority.