The Land Drainage (Compensation) Regulations 1977

Retirement compensation for diminution of emoluments

20.—(1) A person to whom this Part of these regulations applies and who has suffered a diminution of his emoluments shall be entitled to receive retirement compensation in accordance with the provisions of this regulation.

(2) The provisions of regulations 18 and 19 shall apply to any such person as if he had suffered loss of employment immediately before the diminution occurred; but the amount of retirement compensation payable shall be the amount which would have been payable in respect of loss of employment multiplied by a fraction of which—

(a) the numerator is the amount by which his pensionable emoluments have been diminished, and

(b) the denominator is the amount of his pensionable emoluments immediately before they were diminished;

and for the purposes of this calculation no account shall be taken of any reduction which might otherwise fall to be made in the accrued pension or accrued incapacity pension because of a retirement pension payable under section 28 of the Social Security Act 1975.

(3) No compensation shall be payable under this regulation—

(a) if the person has continued to pay superannuation contributions as if his emoluments had not been diminished, or

(b) where under his last relevant pension scheme the person's superannuation benefits are calculated by reference to remuneration for a period prior to the date on which his emoluments were diminished.