The Justices of the Peace Act 1949 (Compensation) Regulations 1978

Adjustment of compensation where superannuation benefit is also payable

29.—(1) Where any period of service of which account was taken in calculating the amount of any compensation payable under Part IV or V of these Regulations is subsequently taken into account for the purpose of calculating the amount of any superannuation benefit payable to or in respect of any person in accordance with a pension scheme associated with any employment undertaken subsequent to the loss of office or diminution of emoluments which was the subject of the claim for compensation, the determining authority may in accordance with this Regulation adjust the compensation by determining that the compensation payable shall be withheld or reduced.

(2) If the part of any superannuation benefit which is attributable to a period of service mentioned in paragraph (1) equals or exceeds the part of any compensation which is attributable to the same period, that part of the compensation may be withheld, or if the part of the superannuation benefit is less than the part of the compensation, the compensation may be reduced by an amount not exceeding that part of the superannuation benefit.

(3) In the case of a death benefit payable in respect of any person, the sum payable under Regulation 24 may be reduced by an amount not greater than the proportion of the death benefit which the period of service mentioned in paragraph (1) bears to the total period of service of which account was taken in the calculation of the death benefit.

(4) In addition to any reduction authorised by paragraph (2) or (3), if, in the circumstances mentioned in paragraph (1), compensation is attributable in part to any provision of the last relevant pension scheme for a minimum benefit, the compensation may be reduced by an amount not exceeding that part.

(5) Where any additional period of service has been credited to a person under Regulation 17(2) or under Regulation 13(3) is deemed to be so credited and that period is equal to or less than the period spent in the subsequent employment mentioned in paragraph (1) and taken into account in calculating the amount of any superannuation benefit payable in accordance with the pension scheme associated with that employment the compensation may be reduced (in addition to any other reduction authorised by this Regulation) by an amount not exceeding that part of the superannuation benefit which is attributable to a period of service equal to the additional period of service credited or deemed to be credited under Regulation 17(2), or, if the period so credited is greater, by an amount not exceeding the part of the superannuation benefit which is attributable to the period spent in the subsequent employment and for the purpose of this paragraph the period spent in the subsequent employment shall be deemed to be increased by any additional period of service with which the person was credited under the pension scheme associated with that employment.

(6) Where compensation has been calculated in accordance with Regulation 22, any reduction that may be made under paragraphs (2) to (5) shall not exceed the amount of the pension or lump sum comprising the part (if any) of the superannuation benefit relating to the subsequent employment which is attributable to annual emoluments in excess of those to which the person was entitled on entering the new employment referred to in Regulation 22.

(7) Where compensation is payable in respect of diminution of emoluments, any reduction that may be made under paragraphs (2) to (5) shall not exceed the amount of the pension or lump sum comprising the part (if any) of the superannuation benefit relating to the subsequent employment which is attributable to annual emoluments in excess of those to which the person was entitled immediately after the diminution and taken into account in calculating the compensation.

(8) In making any reduction under paragraphs (2) to (5), or in applying paragraphs (6) or (7), the amount of pension or, as the case may be, lump sum to be taken into account relating to the subsequent employment shall be the amount of such pension or lump sum reduced by a fraction of that pension or lump sum, where—

(a) the numerator is equivalent to the aggregate of the amount of increases which would have been awarded under the provisions of the Pensions (Increase) Act 1971, during the period beginning with the day following loss of the office or diminution of the emoluments, as the case may be, for which compensation is payable and ending on the day the subsequent employment terminated, on an official pension (within the meaning of that Act) of £100 a year which commenced from the first mentioned day, and

(b) the denominator is equivalent to the aggregate of an official pension of £100 a year and the amount of the increase so determined.