The Clerks of the Peace and Justices' Clerks (Compensation) Regulations 1965

Type Statutory-Instrument
Publication 1965-03-18
State In force
Department Westlaw
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7 The method of calculating the maximum amount of long-term compensation is laid down in Regulation 15 (loss of office) and 16 (diminution of emoluments). It is a proportion, not exceeding two thirds, of the net emoluments lost or of the amount by which emoluments have been diminished, as the case may be. This compensation is payable from a date determined under Regulation 17 and can be payable up to normal retiring age.

8 Retirement compensation for loss of office payable to a pensionable officer is based upon his accrued pension rights (Regulation 20) supplemented in the case of persons aged 40 or over at the date of loss by the addition of notional years of service (Regulation 23). Retirement compensation for diminution of emoluments is an appropriate proportion of that for loss of office (Regulation 21). In the case of a non-pensionable officer compensation not exceeding one half of the rate of long-term compensation may be paid (Regulation 29) and special provision is made for any persons whose pension arrangements are by way of policies of insurance (Regulation 30). Retirement compensation is ordinarily payable from normal retiring age but in certain circumstances may be put into payment earlier ( Regulations 18 and 19).

9 Compensation is payable to the widow, child or other dependant and the personal representative of a claimant who dies where such persons would have benefited under the relevant pension scheme (Regulations 24 to 26).

10 Part VI of the Regulations provides for long-term and retirement compensation to be reviewed and for awards to be varied in the light of changes in circumstances (Regulation 35). It also contains provisions for the adjustment, suspension and compounding of compensation in certain circumstances.

11 Part VII contains provisions relating to the procedure for making claims and notifying decisions and to appeals by claimants who are aggrieved by a decision of a determining authority or the failure of a determining authority to notify their decision, and by paying authorities who are aggrieved by a decision of the determining authority. Appeals lie to a tribunal appointed by the Minister of Labour.

Footnotes

[^f00001]: (1954 II, p. 1595).

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